Terryw journey to unenforceability

[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]

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

[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]

[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

[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]

Another one bites the dust

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

Vanished from CRAs

[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]

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

[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

[Sparkles]

That's good news, it must feel great to have it all coming to and end.

Just to point it out to anyone else reading, disappearing from your credit report and becoming statue barred are two seperate things, although they may happen coincidentally. If someone had made a payment since their account defaulted then it would drop off their credit report but not be statute barred.

[terryw]

I am coming to the end of journey. Out of the 10 accounts 8 are statute barred as more than six years from Default Notice, no contact by me and vanished from credit reference agencies.
The remaining two accounts become SB within weeks.

I then intend to have a "tidying up exercise" to see if I can stop them from bothering me. I was going to send the suggested letter regarding statute barred in AAD+. But some of the quoted wording
does not appear in the FCA sourcebook. It looks like the FCA wording has been altered since the AAD+ was drafted. However CONC7:.15. 8 states
A firm must not continue to demand payment after a customer has stated that he will not be paying the debt because it is statute barred.

I will adapt the AAD+ letter to include this FCA wording. I will update when this happens.

[XX007]

Thats brilliant Terry.

Let us know what happens.

[terryw]

Thats brilliant Terry.

Let us know what happens.

Thank you. The brilliant bit is the wording in CONC7: 15: 8

I will certainly post on here with a copy of my letter and any reply that I receive.

This likely to be when I am certain that ALL my accounts are SB

This info is likely to be of great interest to any members who have SB alleged debts but are still receiving annoying demands!

[terryw]

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

[MisterK]

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?