Terryw journey to unenforceability

[Joanna Connolly Solicitors]

An overview of the situation.

I sent sec78 requests on 10 cards. 6 Have replied acknowledging UE. Niddy considers 3 more to be UE and I am awaiting his opinion on the last one.

I am very very pleased with all of this

^ ^ ^ you posted this at the beginning of April so is there an update on any of them or a deafening silence (hopefully)

Di

[terryw]

Thanks Diana

nothing to report other than begging letters. Will update as and when Thanks

[terryw]

General Update 23 October 2018

I have updated all of accounts above to try to show the present position.
Overall it is looking very good. Most are UE but even those that are not are not in a bad position.

Thanks again to everyone on this site for your help and support.

[Warwick65]

Good to hear all is quiet. If things change you know where to come :-)

[terryw]

Just an update
Very little to report. I have not paid a penny to any of these.. The begging letters have reduced to a trickle even from the couple that must might be enforceable
One has actually been assigned but as it is ue this is only of academic interest

One again thanks and best wishes to everyone here

[Warwick65]

That is what tends to happen over time. Every now and then there will be a flurry of letters, mine used to happen about Christmas and a few in March ( I suppose having agreements in place looks good on the reports and accounts).


Keep the faith and plod along

[terryw]

Just an update

I have still not paid a penny to any of these alleged debts. I receive the occasional letter which I just ignore. The occasional phone call to me mobile which I don't answer. Emails to my email which - guess what?- I don't reply. No visits or any need to reply or deal with basically begging letters

I am now nearly four years in! It has gone quickly - roll on the next two years.co

Thanks again to all supportive members and owner of this site

[Roger]

Are these or any of these still being reported on the your Credit Reports? Or have they dropped off?
I say this because you will most likely have a flurry of activity from DCA's as these approach the Statue Bar (SB) Date.
Also the Law on SB isn't quite as straightforward these days the Default Notice (DN) comes into the equation.
Barclays had a nasty habit of delaying DN's and hence the SB Date
So eyes on the clock but also on the current and up to date Diary entries to keep abreast of current Law and tactics.
We don't want slip ups at the last hurdle!!

[terryw]

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

[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!

[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.

[The Tech Clerk]

Thankyou for the diary update.

[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?

[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]

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