Lola girl UE diary...newbie!

[Sparkles]

If you are absolutely sure it's statute barred then sending the statute barred letter should shut them up, they are just trying to fool people who don't realise that it's statute barred. The only reasons not to are if you aren't 100% sure it's statute barred or if you like seeing them waste their time on you.

[Ballister]

I wasn't sure if the template letter on here was still up to date so I used the one on National Debtline. Here is the link

https://nationaldebtline.org/get-inf...cover-debt-ew/

[Lola girl]

My BOS debt (sold to SARL/Link) became SB in August 2025. I recently started getting phone calls/texts/emails from Link so decided to send the SB letter. They closed the account a few days later after agreeing it was SB.
It's up to you but I just wanted it done and dusted.

I think I will send a letter soon as I have kept a record of everything and know that it’s defo SB.
Do you have a blank copy of the SB letter you could send me (or post here so I can copy!)

thanks

[Ballister]

My BOS debt (sold to SARL/Link) became SB in August 2025. I recently started getting phone calls/texts/emails from Link so decided to send the SB letter. They closed the account a few days later after agreeing it was SB.
It's up to you but I just wanted it done and dusted.

[Lola girl]

Hi everyone.

I passed the SB date on my 3 accounts in September (6 years flew by!) and PRA have now passed 2 accounts into OPOS Limited who I assume will now go through the usual letters asking me to pay.

Would the advice be to just ignore them as I have with the previous collectors they have referred to and only send a SB letter if anyone gets litigious? Although PRA have had these accounts 6 and 4 years now and haven’t taken any action so far!

thanks

Lola x

[stuckinarut]

Hi all - thought I would do a year 6!! Update for anyone following my thread.

If you are starting your journey hang in there. It passes really quickly!

Tesco - claim with JCS, discontinued

M&S - claim with JCS, settled for 40%

HSBC - 25% offer accepted early on.

Debenhams - with Link. They did issue a claim before action form a few months ago but I contacted them to say I had only received an illegible agreement and did they want to provide a proper one. Nothing further received yet and was SB in August.

Barclaycard - with PRA received regular email offers of 65% off up until around 6 months ago then all quiet. Was SB in August.

MBNA - with PRA receiving regular email offers to settle. Was SB in August.

Lola

Hi Lola girl, yes the 6yrs does fly past, great news you have made it to the end, like so many others on this site, Niddy deserves a knighthood

[Lola girl]

Hi all - thought I would do a year 6!! Update for anyone following my thread.

If you are starting your journey hang in there. It passes really quickly!

Tesco - claim with JCS, discontinued

M&S - claim with JCS, settled for 40%

HSBC - 25% offer accepted early on.

Debenhams - with Link. They did issue a claim before action form a few months ago but I contacted them to say I had only received an illegible agreement and did they want to provide a proper one. Nothing further received yet and was SB in August.

Barclaycard - with PRA received regular email offers of 65% off up until around 6 months ago then all quiet. Was SB in August.

MBNA - with PRA receiving regular email offers to settle. Was SB in August.

Lola

[Kenny91]

Congrats on the settlement, Lola Girl.

I note from your diary entry you were keen to pursue this one all the way, would be interested to find out why you/JCS were confident of seeing them off as this debt almost matches one they have of mine in the amount and account opening date etc. However, no correspondence from Overdales has yet to appear despite lots of threats from Lowell past year or so.

They have been offering fairly decent discounts on this one and two others they hold - one of which Overdales got involved with but then abandoned due to lack of a DN - that are all clumped together in the offer letters, but I'm loathed to pay even a discounted sum on that particular debt.

Also, out of interest, did the SAR from M&S throw up much, especially on why they sent you a cheque out of the blue? I had the same, though for a lesser amount (off the top of my head).

Happy NY.

K91

[Lola girl]

A little end of year update from me.

Settled the Lowell claim for 40% of the amount claimed so was happy with that - thanks JCS for the help!

… I am 5.5 years into my journey now. So far had 2 settled (40% and just under 25%), had 1 claim discontinued. Diary updates on page 2.

The other 3 are due off my credit report soon and don’t hear much from any of them. Could pick up in the last couple of months from SB I guess!

I did complain direct to NewDay about a default date, the ombudsman agreed with me and they will bring it forward around 6 months. They are contacting Link to advise the same so I have had no direct contact at all with Link (the account owner), hopefully won’t set off any SB issue but they don’t have a legible credit agreement regardless so was worth it and I can now get a mortgage ‘default free’ this spring!

To anyone starting out on their journey, hang in there, it flies by and taking control is the best thing you will do…
Lola x

[Dottir]

Hi Lola

I think you really should send a CCA request and/or sold whilst in dispute. At best it will tell them they haven't got a leg to stand on. At worst they will already have this or be in the process of sourcing it.

[Lola girl]

Yes they have - but I’m assuming a LOC will be followed through with a claim usually.

Yes spoke with JCS and will instruct if and when the claim is issued….just worrying I guess…

[Still Waving]

They have been threatening legal action since September 2023, over six months now.

As I understand it from another thread, you are following JCS advice on this one.

[Lola girl]

• Type of account: M&S Bank
• Date commenced: sept 06
• Approx balance: £8k
• Date last paid: Aug 2018 in full and August 2019 to SC
• Are you on arrangement: No
• Status: Default feb 19
• Account owner: Lowell

CCA request - deemed UE by Niddy.
Do I respond saying that they have not complied with my request and I will be withholding payment whilst in dispute?
15/8/19 - I have cancelled the StepChange payment. Will send letter re missing terms to M&S.

5/9/19 letter from M&S saying they have complied with regulations and agreement is legally enforceable. They will sell account to debt management or refer for litigation if I do not make payment. They strongly advise me to take independent legal advice re enforceability.

30/9/19 demand received from M&S saying I have 7 days to pay or they will pass account to DCA or disclose info about default to CRA’s. Filed.
14/10/19 monthly statement received
08/11/19 monthly statement
08/12/19 monthly statement
31/12/19 Letter from M&S concerned that I may be struggling to pay at the moment, advise me to chat to Stepchange - filed and ignored
08/01/20 monthly statement
09/02/20 monthly statement
17/03/20 letter received from HSBC UK Bank (owner of M&S Cards) - my account has been transferred to the Litigation Dept within HSBC Repayment Services. Possibly suitable for legal action and will now be managed by advisor within Pre-Litigation Dept. Contact within 14 days. If not they may send a formal Letter of Claim. This may have panicked me a year ago but after reading lots on here I will hold my nerve and file and ignore!
24/03/20 letter from M&S Bank - Wescot Credit Services Ltd will now take responsibility of my account. They will contact me directly.
01/04/20 Text from Wescot - all collection activity is suspended due to coronavirus
15/05/20 letter from Wescot asking me to get in touch. Filed and ignored.
10/6/20 letter from Wescot asking me to get in touch within the next 10 days. Filed and ignored.
Daily texts received from Wescot despite blocking the number each time.
02/07/20 letter received from Wescot to say reduced settlement on offer. Filed and ignored.
18/07/20 letter from Wescot - please contact them. If I do not agree a way forward they will refer the account back to M&S. filed and ignored.
02/09/20 letter from M&S they have asked Credit Security Ltd to take responsibility for account
03/09/20 hello letter from Credit Security Ltd
17/9/20 letter from Credit Security Ltd concerned I have not replied and can I complete the enclosed I&E form. Filed and ignored.
Sept/Oct 20 - several calls from Credit Security to mobile until number blocked. Not answered any.
22/12/20 letter from Credit Security....if they don’t hear from me within 10 days they will return the account back to M&S. filed and ignored.
15/02/21 £50 cheque received from M&S after reviewing their collections process. Thanks!

30/5/23 account has been sold to Lowell Portfolio I Ltd (LPI). Letter received from both them and M&S Bank
June 23 - 2 x texts and 1 letter from Lowell - can I get in touch
June 23 - further 2 letters from Lowell can I contact them
July 23 - 2 letters from Lowell they are considering next steps
Aug 23 - 3 letters from Lowell can I contact them
Sept 23 - letter from Lowell they are considering legal action
Oct 23 - letter from Lowell - what legal action means
Nov 23 - letter from Lowell - what legal action means
January 24 - received a call from ‘overdale solicitors’ wanting to speak with me. They didn’t tell me what about and I refused security questions and said to write to me. A quick google search shows they are Lowell Solicitors so assume it’s in connection with this.
Jan 24 - daily calls this week from Overdale Solicitors all ignored.
Jan 24 - letter received from Overdales - they have taken over account and are instructed to take legal proceedings for CCJ - they list the 1k in fees they will charge for this and invite me to set up payment plan. Letter enclosed also from Lowell stating the same.
Jan 24 - SAR sent to M&S bank to determine what data they hold
Further call from Overdales - ignored
Jan 24 - letter of claim received from Overdales on behalf of Lowell.

Hi all

Having a bit of a wobble and could do with some advice or words of support.

After taking advice I didn’t respond to the LOC and haven’t heard anything further yet.
The SAR didn’t throw up anything other than what I already had from M&S so I still only have an unenforceable agreement. Not sure if they could rectify but M&S didn’t bother when I did my initial CCA request and sent a missing terms letter.

As part of my divorce I need to take a new mortgage later this year to get my ex off the deeds so a CCJ isn’t an option.

If I go to court and win, great. If I lose I will have 30 days to come up with the money
I’m just so worried all the time waiting for this claim to come through.
I am considering a new CCA request, or a SWID letter just to delay things but don’t know.

Feeling really dejected about this one

Lola

[Still Waving]

I agree.

It seems like a good discount, but for PRA it still represents an excellent result. You can't afford the discounted sum, so why contact them at this time? See what happens next.

[Roger]

The assignment to PRA 30/11/22 and 14 months later they are offering a discount.
MBNA Date commenced: 9.1.14 so this is already 10 years ago!
30/8/19. Enforceable....however Niddy advises that it isn’t a lawful s78 response. Advised to do nothing.

Before a claim PRA would need to send a Letter Before Claim.
Even if a Claim was issued negotiation is still an Option!

As far as I can see you have filed and not responded since cancelling the StepChange August 2019? So 6 years plus 1 month is say September 2025.
How much of this is known to PRA? Probably very little!

So a continued SILENCE is the right course here !