PowerOfCats UE Diary

[PowerofCats]

Shame. If I read this correctly you ignored a letter of claim and then got a claim. I realise you took advice from Gerry but as these were pre 2007 it is still a shame you received a claim.

Yes, I think the creditors have incorrectly worked on the Jan 2019 dates. I'm currently not in a good headspace to deal with this all solo, so it seemed instructing JCS was the best route for me. I will be accurately and honestly feeding back my experience for others who might be in this situation and need professional help.

[PowerofCats]

Morning

Yes, when I spoke to Gerry about the LOC I pointed out my statute barred date and he said that the majority of dates that we (debtors) have recorded are rarely reflective of what is held by the creditors and erroneous payments can be added.
Interestingly the date on the court form from when the creditor is claiming interest to present is 4 days after I sent a CCA in Jan 2019 with the statutory £1... My gut tells me they incorrectly applied this as a payment or similar

It was very tempting to reply to the LOC myself but I was worried about doing something incorrect and screwing up the process!

It's a LOT of money instructing a solicitor. More than I thought to be honest, but if successful then it'll be worth it.

I have everything crossed...

[Dottir]

I may be missing something but it seems to me that these ought to be statute barred as of September or October 2024, assuming that you haven't done anything that would reset the SB clock since the last payment you made in September 2018. The date they dropped off the CRA files is not as relevant as the date for settlement that the original creditor gave when they issued the default notices (in 2013). So if there had been no resetting of the SB clock in the 6 years since the date for settlement then I think that they would have become SB as of some date in 2019. If you reset the SB date during those 6 years by making payments then they would become SB 6 years after the most recent reset which looks like September 2024.

I'm very happy to be corrected on this if I'm wrong, but that's my understanding.

You know what, I think you might be right. If so waiting 25 or so days from the LoC then sending a SB letter would have stopped everything. No claim no costs etc.

[MisterK]

I may be missing something but it seems to me that these ought to be statute barred as of September or October 2024, assuming that you haven't done anything that would reset the SB clock since the last payment you made in September 2018. The date they dropped off the CRA files is not as relevant as the date for settlement that the original creditor gave when they issued the default notices (in 2013). So if there had been no resetting of the SB clock in the 6 years since the date for settlement then I think that they would have become SB as of some date in 2019. If you reset the SB date during those 6 years by making payments then they would become SB 6 years after the most recent reset which looks like September 2024.

I'm very happy to be corrected on this if I'm wrong, but that's my understanding.

[Dottir]

Shame. If I read this correctly you ignored a letter of claim and then got a claim. I realise you took advice from Gerry but as these were pre 2007 it is still a shame you received a claim.

[PowerofCats]

Diary updated

Money claim court docs received for debt 1 and debt 2.
JCS instructed and will be handling here on out

[PowerofCats]

Two statements of account arrived today for the MBNA debts.
Haven't received one for ages and lost paperwork so not sure how often L1nk normally send them? This seems to be dates from May 2024 so just under 6mths. I thought they were yearly but couldn't be wrong. Overthinking but wondering if it's a precursor to next steps... We'll see

[Sparkles]

It looks like Sparkles thought you got defaulted in Feb 2019 - but that's when it dropped off your file.

Yes i didn't read it properly and thought that's when you had defaulted.

[PowerofCats]

(deleted)

[PowerofCats]

As expected. Letter of claim arrived for Debt 1 too.

After speaking with Gerry yesterday at JCS I'm going to continue to sit tight and await next steps.
My intention is to instruct JCS should I receive court paperwork.

[PowerofCats]

That makes sense!

I'm very confident in my dates and lack of contact/payment for the SB timescales.

I only ever dealt with Stepchange and then post Sept 2018 I did a CCA request in Jan 2019 (which I understand doesn't mean I acknowledge debt) and an SAR in May 2019 (again, doesn't acknowledge debt). The latter was never replied to by the creditor!

Researching last night, Stepchange pay the creditor within 7 working days of cleared payment. I paid the end of Sept 2018 and so, the payment would have reached the creditor by the 10th Oct 2018 at the latest... It's so close to the wire.

Gerry did warn that even though they put 30 days on the letter of claim, they often file at the court before then so I'll just wait and see what happens.


The reference on this letter of claim is for the MBNA Virgin account which, I believe, due to a judgement a few years back is irredeemably UE ( Never-In-Doubt can you confirm this is right?)

I have no doubt I'll receive a letter of claim for the bog standard MBNA debt in the post in the next few days, however!

[Ballister]

It looks like Sparkles thought you got defaulted in Feb 2019 - but that's when it dropped off your file.

[PowerofCats]

The 6 year year period runs from the default and gets reset on every payment, so in this case it would be February 2025 when it becomes statute barred. Presuambly that's why they have sent a letter of claim now.

Curious as to why Feb 2025 when the last payment was sent Sept 2018 not Feb 2019?

Help an oldie understand lol

Editing to add: defaulted in 2013, went through Stepchange for years until Sept 2018 when they received the last payment. No payments made to creditor since then and default dropped off in 2019.

[Sparkles]

However looking at your diary it appears that this debt may be Statute Barred. The last payment appears to be September 2018.

The 6 year year period runs from the default and gets reset on every payment, so in this case it would be February 2025 when it becomes statute barred. Presuambly that's why they have sent a letter of claim now.

[PowerofCats]

Hi
Unfortunately Colin no longer works for JCS. You may have to speak with Gerry or someone else.

However looking at your diary it appears that this debt may be Statute Barred. The last payment appears to be September 2018.

Thanks! Gerry has just called me will wait for the next steps