Rubywisp's unenforceability diary

[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]

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

[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??

[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

[rubywisp]

Barclaycard/ PRA

• Type of account Credit card
• Date commenced 01/06/2007
• Approx balance £6049
• Date last paid was paid via DMP. Last payment December 2017
• Are you on arrangement or not paying Not paying
• Status Default July 2015
• Account owner PRA

Receiving emails offering 20% off on this unenforceable debt!

[Joanna Connolly Solicitors]

Barclaycard/ PRA

• Type of account Credit card
• Date commenced 01/06/2007
• Approx balance £6049
• Date last paid was paid via DMP. Last payment December 2017
• Are you on arrangement or not paying Not paying
• Status Default July 2015
• Account owner PRA

Receiving emails offering 20% off on this unenforceable debt!

So PRA want you to pay them 80% of the balance outstanding of this unenforceable debt, which could be up to 70% more than they paid Barclaycard for it in the first place.

Are you tempted

Di

[rubywisp]

As tempting as the offer to pay over £4000 is, I'll leave it I think ?

[Joanna Connolly Solicitors]

As tempting as the offer to pay over £4000 is, I'll leave it I think ?

Happy to have been able to nudge you in the right direction

Di

[rubywisp]

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968.22
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying Not paying
• 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 DCA

7 June 2020 red letter from Wescot letting me know that they had checked my address to confirm that I live here. Filed
17 June 2020 Letter from wescot 70% reduced settlement offer so 1968 down to 590. Filed
16 July 2020 Letter from 2F (trading name of wescot). States Confirmation of Residency at the top and that I should call them. UNless I contact them then they say that Barclays reserves the right to take further action to reestablish contact with me. Filed

I have a question, if I did decide to make an offer of say 10% of the balance then would it reset the statue barred clock? I'm only a year into six. I've just had a PPI refund so could make an offer but I remain disabled, on benefits and unable to work....

Also if they have never applied a default to any of the CCAs (I've checked them all regularly), are they still able to take legal action to go for a CCJ?

Thank you

[The Tech Clerk]

Any contact like that will restart statute barred , they can try and do in an attempt to frighten you but of course you have us here to calm you down as ccj they would have to have everything in order, offering 10 per cent would encourage them to demand more

[rubywisp]

Any contact like that will restart statute barred , they can try and do in an attempt to frighten you but of course you have us here to calm you down as ccj they would have to have everything in order, offering 10 per cent would encourage them to demand more

Thanks. This makes sense.

[Joanna Connolly Solicitors]

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968.22
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying Not paying
• 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 DCA

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“ Niddy confirmed 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 offering a partial settlement. Will file.
5 February 2020 Letter from moorcroft disappointed that I haven't paid. Offering a discount offer if I call to discuss. Filed
Plenty of blocked calls and ignored texts
9 March 2020 Letter from Moorcroft wanting to offer a discount or otherwise they will pass it back to Barclays. Filed.
May 2020 Now moved to Wescot offering me a repayment plan. filed
MAy-July Plenty of blocked calls and ignored texts
7 June 2020 red letter from Wescot letting me know that they had checked my address to confirm that I live here.
17 June 2020 Letter from wescot 70% reduced settlement offer so 1968 down to 590. Filed
16 July 2020 Letter from 2F (trading name of wescot). States Confirmation of Residency at the top and that I should call them. UNless I contact them then they say that Barclays reserves the right to take further action to reestablish contact with me. Filed

I've taken a look at the full history in the above post and can see that Niddy was of the view that the Barclays credit agreement was enforceable in September 2019.

Since then the debt has been passed to two DCAs but no threat of litigation (at least not from what you've posted on the forum).

Maybe this 'offer' is a last throw of the dice by Wescot who could pass it back to Barclays if you don't play ball.

Hopefully this debt will eventually be assigned to a debt purchaser since banks tend not to litigate in an attempt to protect their image/reputation.

Di

[rubywisp]

Yes. They've not threatened litigation yet at all. Why would it being assigned to a debt purchaser be preferable?

[cymruambyth]

It is preferable for it to be assigned because there are often errors during the assignment process, paperwork is incomplete and some DCAs are not legally authorised to act as financial agents.

[rubywisp]

Right . Let's hope for that then. Thank you