Rubywisp's unenforceability diary

[Joanna Connolly Solicitors]

I've got a query regarding Statute Barred. I will be moving house within the 6 year period (when son turns 18 and I sell the house - divorce).

Will advising the DCA/debt purchaser of my new address count as an acknowledgement of the debt? I wouldn't want to miss a letter if it were to be possibly start court proceedings.

Obvious option is post redirect for the years remaining but just mulling over my options as the debts wouldn't become statute barred until 2025 - urgh- so probably a couple of years of redirection would be needed at c£70/pa.

You can have Royal Mail Redirect for up to four years. If any mail is sent Recorded or Special Delivery then the sorting office will redirect it but also inform the sender that it has been redirected, although they don't reveal the new address.

It's difficult to predict whether notifying your change of address would be seen as an acknowledgement of the debt, perhaps dependant on the wording.

On a separate issue I see you will be moving house when your son turns 18 due to divorce. I found myself in a similar situation but the court subsequently changed/extended the order to when my child "completed university" . She was also able to make her own court Application for ongoing maintenance which was successful

Di

[The Tech Clerk]

Be honest. Tracing you through CRA is easy these days as banks etc report on files new address etc. Also if debt collection companies / buyers get a CCJ against you in your absence?? See what others say??

[rubywisp]

Morning, I've got a query regarding Statute Barred. I will be moving house within the 6 year period (when son turns 18 and I sell the house - divorce).

Will advising the DCA/debt purchaser of my new address count as an acknowledgement of the debt? I wouldn't want to miss a letter if it were to be possibly start court proceedings.

Obvious option is post redirect for the years remaining but just mulling over my options as the debts wouldn't become statute barred until 2025 - urgh- so probably a couple of years of redirection would be needed at c£70/pa.

Thanks in advance

[rubywisp]

MBNA/ Link Financial


Type of account Credit card

• Date commenced 30/07/2012
• Approx balance £2609
• Date last paid - paid via self managed DMP. Last payment 1st September 2019
• Are you on arrangement or not paying In an arrangement
• Status Default July 2014
• Account owner Link - Debt Purchaser

3rd September 2019 CCA request sent with £1 postal order
5th September 2019 Letter signed for
5th October 2019 CCA received with letter stating it is enforceable. I will send to Niddy for checking though. ENFORCEABLE
9th January 2020 Letter wondering whether it was an oversight that I haven't paid anything. I can contact to discuss my options. Letter filed!

[rubywisp]

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying On an arrangement
• Status (default/in arrears/up-to-date) Interestingly Staff loans say that the account was defaulted some time in December 2013 but this account has never appeared on any of the credit reference agencies
• Account owner (who is writing to you, a DCA or the lender) Lender

3rd September 2019 I have sent a GDPR request as advised Barclays to see what information they hold on me in relation to the default. Will do a CCA in due course.

8th September 2019 S77/78 CCA Request sent

18 September 2019 letter received from Barclays recoveries stating that they do not need to send me a signed original form of the agreement. Sent me a copyI of the direct debit form and a signed copy of a "fixed sum loan agreement regulated by the consumer credit act 1974“ sent to Niddy. sadly he has stated that it is enforceable

16 December 2019 account passed to Moor croft to manage. Letter filed.

27 December 2019 letter from moorcroft wanting a repayment plan. Filed

10 January 2020 letter from moorcroft offering monthly payments. Will file.

22 January 2020 Letter from moorcroft offering a partial settlement - sum that would be acceptable is not mentioned. Will file.

[rubywisp]

10 January 2020 letter from moorcroft offering monthly payments. Will file.

[Spud]

Thanks to this group I'm not scared of them anymore.

And that is what AAD is all about - Getting you back in control and the balance of power back with you

You have got that just right, post up if you receive anything that feels like it needs a reply or is threatening etc - If in doubt ask - We have all been there

[rubywisp]

Thanks to this group I'm not scared of them anymore. I'm just filing their missives until I get one that is actually something worth responding to. I'll keep updating this post with anything that arrives.

[Spud]

So the agreement may be enforceable, If it is that's certainly not the end - Some of my agreements were enforceable - But I never paid them a penny and they are well past the SB Post now

The agreement is only a part of the whole picture and any claim or litigation could fall down on several other factors should it ever get this far - Many don't

They have appointed Moorcroft to act as collection agents - Personally I see that as good news

This is all about playing the game now and responding correctly

As and when you get any contact from Moorcroft, post up and we will get you sorted - Your doing great

[rubywisp]

He stated that it was enforceable

[Joanna Connolly Solicitors]

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying On an arrangement
• Status (default/in arrears/up-to-date) Interestingly Staff loans say that the account was defaulted some time in December 2013 but this account has never appeared on any of the credit reference agencies
• Account owner (who is writing to you, a DCA or the lender) Lender

3rd September 2019 I have sent a GDPR request as advised Barclays to see what information they hold on me in relation to the default. Will do a CCA in due course.

8th September 2019 S77/78 CCA Request sent

18 September 2019 letter received from Barclays recoveries stating that they do not need to send me a signed original form of the agreement. Sent me a copy of the direct debit form and a signed copy of a "fixed sum loan agreement regulated by the consumer credit act 1974“ sent to Niddy

16 December 2019 letter received from Barclays saying that they are passing my account to moorfcroft. Letter filed


Hi Diana

I'd heard nothing on the debts until today when I received a letter from Barclays saying that they had passed my account to moorcroft to handle.

What was Niddy's verdict on the credit agreement you sent to him?

Di

[The Tech Clerk]

Moorcroft hopeful collection only agents, sit tight

[rubywisp]

Any updates on your debts?

Di

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying On an arrangement
• Status (default/in arrears/up-to-date) Interestingly Staff loans say that the account was defaulted some time in December 2013 but this account has never appeared on any of the credit reference agencies
• Account owner (who is writing to you, a DCA or the lender) Lender

3rd September 2019 I have sent a GDPR request as advised Barclays to see what information they hold on me in relation to the default. Will do a CCA in due course.

8th September 2019 S77/78 CCA Request sent

18 September 2019 letter received from Barclays recoveries stating that they do not need to send me a signed original form of the agreement. Sent me a copy of the direct debit form and a signed copy of a "fixed sum loan agreement regulated by the consumer credit act 1974“ sent to Niddy

16 December 2019 letter received from Barclays saying that they are passing my account to moorfcroft. Letter filed


Hi Diana

I'd heard nothing on the debts until today when I received a letter from Barclays saying that they had passed my account to moorcroft to handle.

Still nothing from the debt with link which falls off in July 2020

[Joanna Connolly Solicitors]

Any updates on your debts?

Di

[rubywisp]

Thank you. My email was ref a letter to say that barclays staff loans don't need to send me a cca together with my application. They haven't even contacted me yet re my missed payment on the 1st. I'll expect a letter but nothing is going to happen for ages yet. I won't trouble him. thanks