Terryw journey to unenforceability

[terryw]

Excellent news Terry. That sounds like it was well worth doing and there are probably quite a few people here who would be interested in wrapping things up in much the same way like yourself.

For those of us who may be uncertain which SB text they might best use, are you able to quote or re-quote the important part of the wording in your emails that had the desired effect? Or failing that do you have a link to the relevant CONC statement?

My email



am concerned that you are contacting me about this alleged debt even though the matter is
Statute barred. I shall not be paying this.

The FCA rule CONC7. 15 .8 states
A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying because it is statute barred

I shall be grateful if you will kindly confirm receipt of this notification and that you will follow the FCA rules


Thank you for your attention


Link to CONC


CONC 7.15.8R01/04/2014RP
A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.



[Note: paragraph 3.15b of DCG

[XX007]

Whilst I am waiting for the last two accounts to vanish from the credit reference agenciesI decided to send email mentioning the FCA wording to the owner of the
MBNA and Bank of Scotland alleged debts. I received a very prompt reply

The accounts have been closed on their systems and I will not be contacted abouts again.

Oh happy day

Fab news.

Do you think it's best to leave it about 6 months after statute barred?

[terryw]

Fab news.

Do you think it's best to leave it about 6 months after statute barred?

I intend to send this simple letter or email directly that I receive any communication from a creditor
And
I am certain that it is statute barred


I am so pleased that I came across this and have posted it On the site. It is small thank you for all the help I have received on my journey

[MisterK]

Thanks Terry, I shall be using something very much along those lines as and when. You are quite right to emphasize the need to be certain that the debt is statute barred as indiscriminate use of the text in any other situation might well backfire.

So if it's well over the six years and no contact (or perhaps only very carefully phrased contact) has been made then this seems very much to fit the bill. Any doubt about it and I'd give it some extra time.

XX007 - I'd certainly go for at least 6 months extra especially if there's no pressing reason to fire the letter off.

[terryw]

Regarding post 3 (Trustee) this is now STATUTE BARRED and has vanished from CRAs. A little bit of a problem here as during the six year period they refunded some interest paid and it's just possible they might contend that this was a payment by me. Obviously I will dispute this if and when. This is just academic as I have not received any begging letters in ages so I am not going to send my letter now but I will if they contact me again. In 'the other place' there is good sticky about this.

I only now have one alleged debt which is not SB. It is handled by a debt agency with three others. Within the month this should be SB and I will send the letter.

As an aside. When my journey began I had one credit card with a nil balance. After I lost £3000 when Safe Hands went bust I started using this credit card and cleared it every month. I should have used this to pay and had the credit card protection. Silly me but you live and learn.

[ca71]

Regarding post 3 (Trustee) this is now STATUTE BARRED and has vanished from CRAs. A little bit of a problem here as during the six year period they refunded some interest paid and it's just possible they might contend that this was a payment by me. Obviously I will dispute this if and when. This is just academic as I have not received any begging letters in ages so I am not going to send my letter now but I will if they contact me again. In 'the other place' there is good sticky about this.

I only now have one alleged debt which is not SB. It is handled by a debt agency with three others. Within the month this should be SB and I will send the letter.

As an aside. When my journey began I had one credit card with a nil balance. After I lost £3000 when Safe Hands went bust I started using this credit card and cleared it every month. I should have used this to pay and had the credit card protection. Silly me but you live and learn.

I think the refund works in your favour as, I believe, you can also now argue that the amount in the default notice is incorrect.