Terryw journey to unenforceability

[terryw]

RBS

Credit card

Commenced 1980s

Balance £4000

Date last paid march 2018

No arrears

Paying to lender

sec 78 request sent Feb 2018

response from RBS original document misfiled (!)
They confirm this is UE
March 2018 stopped paying now Awaiting begging letter!

June 1 2018. UPDATE Nothing other than requests to pay arrears or contact them. I have done neither

UPDATE 23 October 2018

Alleged debt passed to Wescot who have hinted at a reduced seetlement offer. BUT as this is UE I shall refrain from taking up this kind offer!.
I have not replied to RBS or Wescot or made any payments since March 2018.

UPDATE 29 Sept 2022

Letter from Lowell who have bought the debt. I shall take no action to point out debt is UE as cca into has not been supplied

UPDATE 28 Dec 2022

The default notice was 8 June 2018. The debt collector chain is Robinson Way, Moorcroft and now Lowell. I have not answered any phone calls, texts
letters or emails as this is UE

Roll on June 2023 when the sixth year begins

UPDATE JULY 3 2023

Little to report Begging letters and texts from Lowell but radio silence from me. The six years from last payment and default notice are up in June 2024. Less than a year to go. Roll on!


UPDATE July 22 2024
Account is statute barred and has vanished from credit reference firms.....


Contacted Lowells informed them as AN they should not be asking for payment....FCA rules.
Lovely reply from them. They agree and have closed account

Statute Barred

[cymruambyth]

They may be OCD but your methods make dealing with different accounts a lot more relaxing! No panic attacks as you hunt through vast quantities of paper in your own unique filing system

[Warwick65]

Great news. File that letter away in a safe place x

If I may be so bold as to offer a bit of wisdom about how I file my letters

I am not sure how tech savvy you are so nothing is set in stone

First off I have a file for each account and file all letters in and out along with receipts for proof of posting etc and also copies of any proof of deliveries

Then I scan everything and number and date it so for example if the first letter you sent or received is your CCA request it would go something like 1 cca request 1st feb (depending on what operating system you use will depend how you can number

I then have a google drive account with a folder in called debt and in that a subfolder for each account and that's where I save the letters.

This way I have 3 copies, 1 hard copy, 1 on my PC and another stored in the cloud, all in some sort of numerical order so they are easy to access
I have to say when I started it really was almost a full time job but I had 20+ debts and was getting letters every day but I let it become a full time job, far more efficient to spend 1 morning a week scanning, filing and sending any letters out you need

Good luck- don't let my rather OCD methods put you off

[nightwatch]

Great news. File that letter away in a safe place x

[terryw]

Just an update. Received letter from Co-op confirming that they can't fulfill sec 78 and it is UE until they can!

[Joanna Connolly Solicitors]

That’s a good start to your journey

Di

[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.

UPDATE 28 Dec2022

Little to report, Since the default notice of Feb 2019 this has been through the usual suspects - wescot, moorcroft, capquest and back to tsb.co
All letters etc ignored. Nothing since Oct 2020

23 May 2023. Letter from TSB review of interest charged £150 to reduce amount outstanding Not a big deal as I am getting to six year carelessly but surely

30 April 2025. The six years from default notice are up so I reckon it's SB. A very small chance that payments made for refund of interest might be construed as payments by me. I doubt it as I have heard nothing for a couple of years and vanished from credit reference files. I am not going to contact them until they resurrect this. No likely I know.

[MisterK]

Welcome Terry, you've come to the right place and you'll get plenty of support here. If your accounts are all well over 10 years old then you probably don't have too much to worry about. Don't forget to send s78 requests by recorded delivery, the confirmation of delivery that you can download from the Royal Mail website is what you need to prove you've done that. Then if they don't reply you need do nothing else because they will be in default after a couple of weeks or so at which point the agreement becomes UE for that reason alone, never mind anything else. Don't chase it up just let it be.

[terryw]

Hi all

Newbie here. Please be gentle if I make unintentional errors in site protocol Super site by the way

A bit about myself. I am in my seventies and have about £25k of credit card debt . I am not worried about bad credit record as I can't see any way of paying this off. 10 cards in total
Never missed a payment and still have good credit record and I am well below most of the credit card limits.

Here goes with first :

Co-op credit card

Commenced in 1980s

Balance approx £1300

Payment this month

No arrangement

Payments up to date

Account with lender

November 2017. £1 postal order and sec 78 request sent

??????Dec 2017 Reply.....No cheque enclosed!

Jan 2018. To save time anther £1 p o sent

strange that the postal order was not received although the letter was!
When I receive the reply I will sent it to Niddy for checking

Feb 2018. Letter from coop. Unable to produce and confirm UE until they can produce. They point out that credit will be wrecked!

April 2118 stopped paying now Awaiting abortive chasing asking me to pay

Jun1 2118. UPDATE Default notice issued and card cancelled by coop. I have not replied or contacted them

Oct 23 2018 UPDATE
alleged debt sold to Link
I have not replied to Co-op or link and as it is UE I shall not reply unless there are any changes

28 Dec 2022 update



Lots of begging letters from link but nothing worry about as coop have not got their ducks in a row and I hold their letter that
the matter is UE until they can produce. Needless to say but I have not responded to link in any form

Roll on May 2023 when the sixth year since default begins

UPDATE July 3 2023

Nothing really to report . Regular begging letters from Link who own the debt but silence from my end

Roll on May 2024 when the six years are up

UPDATE 2 July 2024

Six years from default. Now barred by statute. Has vanished from my credit reference account.