Terryw journey to unenforceability

[terryw]

UPDATE 16 Nov 2024

Barcaycard (4)



Six years from default notice

Now and vanished from CRAs as statute barred

Remaining two accounts come of age in April 2025. O happy day

[terryw]

Thanks for that Mr Stuck in a rut.

From 10 accounts 7 are statute barred, another one will be this month and the last two will be in March 2025. Total debt was over 25K and is now 3K

and soon to disappear

All thanks to Allaboutdebt and the method ! And thanks to the great contributors and the mighty NID

[stuckinarut]

Another one bites the dust

MBNA is now more than six years since DN so statute barred

Vanished from CRAs

Super stuff, well done for holding out

[terryw]

Another one bites the dust

MBNA is now more than six years since DN so statute barred

Vanished from CRAs

[terryw]

UPDATE 4 OCT 2024

Bank of Scotland now six years from default notice and last payment
Now statute barred and has vanished from CRAs

[terryw]

[QUOTE=terryw;n1509162]MBNA credit card

Date commenced ????? See below

Approx bal £500

Last paid Feb 2018

Not on arrangement

Only March 2018 payment in arrears
Line
Account with lender

Jan 2018. CCA request

Feb 2018 Copy on-line application received

a bit of a puzzle here. My credit cards were obtained many years ago in the 80s and 90s. And to the best of my memory all applications were made by post and I have never made an on-
Line application I have no documents from earlier days but I don't think my memory is faulty
The copy application from MBNA shows a date of 2011.
I told niddy that this started years ago and he said it is UE. But if the correct date is 2011 then it is likely enforceable

Is it possible that the cc company are mistaken or even trying it on?


Might a SAR request throw some light on this or any other ideas?

Many thanks

April 15 2018 Just an update. Received confirmation that SAR request received Will report further when it is received

MAY 3 2018 SAR information received from two MBNA re closed accounts from years ago but nothing yet for this account. I will update as and when.

May 5 2018 SAR info received I had mistake as the card was taken out in 2011 so it looks to be enforceable Ah well such is life!

june 1 2018 I have paid nothing for three months and letters and texts are almost daily This one looks to be enforceable. I shall consider making payments or an offer in due course

UPDATE 23 October 2018
MBNA have terminated the agreement and they may sell it to an external company. This is enforceable so I will wait and see if a reduced offer is made before doing anything

UPDATE 28 Dec 2022

MBNA did indeed sell the debt on to PRAgroup in November 2018. They are offering two thirds discount but I shall not take this kind offer up!
The default notice was August 2018 and quite a while to the six year point so I will see if any serious threats come along....


UPDATE 3July 2023

The odd begging letter and fairly frequent begging texts from PRAgroup but nothing to worry about. Radio silence from me.
Hope it keeps like this to the six year point

UPDATE 9 Sept 2024
Now 6 years from default notice

and vanished from credit reference agencies was SB

[Dottir]

It will be because they know it is UE and that they can not get the documents from NatWest. Something similar happened to me a few years back with NatWest and Cabot.

Incidentally the Pre Action protocols can be shortened in some circumstance such as the limitations ‘clock’ being close.
My understanding is they could go straight to a claim if necessary.

[terryw]

Yes it was considered UE but at any time during the six year period this could change of the agreement was discovered.

[Still Waving]

The six years to Statute Barring are all up in 2024..
The first one to capitulate is Lovell who have bought the Nat West account

Letter dated 20 March 2024 as follows

Your account is closed
We have recently reviewed your account and decided to take no further action to recover the balance
We have now closed the account

This is nice to know but I am just a bit puzzled why they have done this now when the six years are not up until MAY 2024
Possibly just an error?

According to your post #10, NatWest conceded it was UE back in 2018.

[terryw]

It would take a month or so to go through the pre action protocol, by which time you'd only be a few weeks away from it being statute barred. They only have so many resources and probably just decided that they'd be better off chasing some of their other debts.

Thanks. That makes sense

[Sparkles]

It would take a month or so to go through the pre action protocol, by which time you'd only be a few weeks away from it being statute barred. They only have so many resources and probably just decided that they'd be better off chasing some of their other debts.

[terryw]

The six years to Statute Barring are all up in 2024..
The first one to capitulate is Lovell who have bought the Nat West account

Letter dated 20 March 2024 as follows

Your account is closed
We have recently reviewed your account and decided to take no further action to recover the balance
We have now closed the account

This is nice to know but I am just a bit puzzled why they have done this now when the six years are not up until MAY 2024
Possibly just an error?

[The Tech Clerk]

Thankyou for the diary update.

[terryw]

TSB

Credit card

Commenced 1980s

Balance approx £1300

Date last paid Feb 2018

Not on arrangement

Status up to date

???

Account with lender

jan 2018. Sec 78 request sent

Feb 2018 reply with supposed copy agreement

agreement is merely a copy of the terms and conditions sent with last renewal of card
Niddy says UE for this reason

Mar 2018 SAR request

Mar 2018. Reply from TSB Requesting copy of passport/driving licence as they do not have up to date signature!


April 2018 letter sent pointing out that there is nothing in the Act about signature and requesting early reply with SAR information

3 May 2018 SAR documents received which includes original agreement from 1987

4 May 2018 copy agreement sent to NIddy for checking I will update as and when

5 May 2018 Niddy confirms UE as their reply to sec 78 ?is in default
I will not inform them of this and just wait and see

1 June 2018 UPDATE Card now 3 months in arrears. Other than requests to pay and requests to contact nothing else

UPDATE 23 October 2018

I have made no payments and not contacted them since Jan 2018 . One or two begging letters and that's it. Latest statement shows the words "account closed" against "available to spend" I will update is anything else happens.

28 Dec 2022 UPDATE

Nothing really to report. Since the default notice of 06/02/2019 debt collectors letters have have not been answered of acknowledged. These are Westcott . Moorcroft, capquest
And back to tsb in Oct 2020. Nothing since then.

[Roger]

Thanks Roger
I'll keep an eye out as we need the six year point

I discovered shall I say irregularities in my Credit Report which I interpreted as an attempt to provoke an angry query and hence restart the SB clock.
(couldn't have been for any other reason frankly).

The penalty placed on Us with these Debts is De Facto 5 or 6 years trashing of Our Credit. That can be a considerable and costly penalty!

My current thinking is that a SAR to the Original Creditor (which won't restart the SB clock) in that year 6 might be a good insurance especially if the letters/sms/emails/phones start again!