A-Smith EU Diary

[a-smith]

History

• ran up debts on several credit cards over several years till it got out of hand
• went to CAB and saw one of their debt councillors
• some good tips - like: don't speak to them on the phone!
• but CAB no real help
• heard about UE in the media
• wrote and sent Own letters with personal budget sheet to credit card companies
• limited response - mostly ignored
• Found Niddy - best thing I did!

------- Started Again -------

• sent CCA request template letters and the £1
• stopped paying them (2nd best thing I did!) they stated listening and stop charging interest!

[a-smith]

Re: A-Smith EU Diary

Barclaycard credit card

• Balance little over £6000
• No CCA received to date
• I last contacted them July 2010
• had repayment plan of £80ish a month

Found Niddy . . . STARTED OVER !

April 2010 sent Niddy's CCA request template letter
April 2010 stoped paying
April 2010 received Repayment Reminder
May 2010 received Repayment Arrangement cancelled
June 2010 sent Niddy's CCA request reminder letter
June 2010 sent Niddy's CCA request reminder letter to 2nd address
June 2010 letter from Mercers - pay £XXX.00 by July
July 2010 sent Mercers - Account sold whilst in Default of CCA Request
July 2010 received letter - sorry to learn of your dissatisfaction . . . we aim to resolve by . . .
August 2010 received letter - we are dealing with your complaint . . . contact you soon . . .
August 2010 received letter - will send CCA in due course . . . although we are yet to provide CCA we do not consider account in dispute . . . we may transfer our rights under this agreement . . without telling you . . your rights not affected
August 2010 letter from Mercers - immediate action needed . . . local debt collector MAY call at your home
August 2010 letter from Mercers - 48 hour notice - phone 0844 . . now
September 2010 letter from Resolvecall - call text or email Mercers re Bcard
November 2010 letter from Credit Solutions - formal demand we act for Bcard
December 2010 letter from Credit Solutions - notice of legal proceedings
January 2011 letter from Credit Solutions - offer of settlement - dated Friday pay 40% of balance by the Monday in full and final
March 2011 letter from APEX - home visit agent instructed
April 2011 letter from APEX - client request we contact you to arrange payment
April 2011 letter from APEX - home visit appointment
April 2011 letter from APEX - we MAY be able to offer you a substantial discount
I last wrote to them in July 2010
No CCA received to date

[a-smith]

Re: A-Smith EU Diary

Co-Op credit card

• Balance little over £6500
• CCA received - illegible copy
• I last contacted them May 2011

Found Niddy . . .STARTED OVER !

April 2010 sent Niddy’s CCA request template letter to Red Castle
April 2010 stoped paying
May 2010 reply from Red Castle account on hold waiting papers from client
December 2010 letter from Red Castle your CCA request client says they have fulfilled it
March 2011 letter from Moorcroft notice of intended litigation
May 2011 sent 'CCA Query - Missing Prescribed Terms' template letter to Moorcroft
May 2011 letter from Moorcroft acknowledge receipt .will get back to you .acc on hold

[a-smith]

Re: A-Smith EU Diary

Egg Credit Card

• Balance little over £2000
• Enforceable CCA received (but with Approved limit)
• Trying to make full and final offer
• had arraignment for £1 a month for 6 months
• had received CCA after own letter requesting it

Found Niddy . . .STARTED OVER !

April 2010 stopped paying
sent CCA I received to Niddy - Enforceable but has Approved limit
April 2010 letter from Egg card has been withdrawn
July 2010 letter from Egg default notice
August 2010 letter from Egg card agreement terminated
Approved Limit case lost
January 2011 letter from Direct Legal & Collections your account referred to us -pay
January 2011 letter from DLC you have failed to respond - we may . . .
February 2011 form from DLC notice of debt recovery
February 2011 letter from APUNS Aplin Stockton Fairfax contact DLC
February 2011 sent Full and Final template letter to DLC with 30%ish of balance offer
February 2011 sent letter APUNS Aplin Stockton Fairfax I have contacted DLC
March 2011 reply from DLC unable to accept 30% will accept 75%
April 2011 sent F&F template letter to DLC with slightly increase 36%ish of balance offer together with income/outgoings form and covering letter
May 2011 email from Egg your account sold to Barclays Bank as of 29 April
May 2011 letter from Fredrickson Int. we are instructed by Egg to collect . . . payment should be made to Fredrickson Int. Ltd

[a-smith]

Re: A-Smith EU Diary

Halifax Credit Card

• Balance just over £4000
• Enforceable CCA received
• Trying to make full and final offer
• hade £1 a month accepted was paying it and still you defaulted

Found Niddy . . .STARTED OVER !

April 2010 sent Niddy’s CCA request template letter to Blair Oliver Scott
April 2010 stoped paying
May 2010 letter from iQor Recovery Services we advise you to take action to resolve this . . .
May 2010 from Halifax enclosed reconstituted version of executed agreement both original and current terms and conditions original signed application form to folow
May 2010 reply from Halifax sorry you’re unhappy - hope I have clarified . . .
May 2010 reply from Halifax enclosed original signed application form
June 2010 from iQor we offer you substantial reduction on your outstanding balance
June 2010 Niddy sad what they have sent is enforceable
June 2010 letter from Geoffrey Park Bourne please contact iQor
June 2010 sent Full and Final template letter to iQor with 12%ish of balance offer
July 2010 received letter from Geoffrey Park Bourne legal action pending
July 2010 sent letter to Geoffrey Park Bourne I have written to iQor with offer
July 2010 received letter from Geoffrey Park Bourne urgent please contact us
September 2010 letter from Wescot we have been instructed to collect . . .
September 2010 letter from Wescot final notice - payment due before October
November 2010 letter from Wescot address verification . . .
November 2010 letter from Wescot we have been instructed to collect . . .
November 2010 letter from Wescot final notice - payment due before December
November 2010 letter from Wescot client offers reduced settlement on favourable terms
December 2010 letter from Wescot door step collection visit
December 2010 sent letter to Wescot I have previously sent FFO - CAN you accept a FFO
December 2010 letter from Wescot address verification . . .
January 2011 reply from Wescot we no longer dealing with your account
January 2011 letter from Moorcroft Debt Recovery we have been instructed . . .
January 2011 letter from Moorcroft possible litigation . . . costs . . .
January 2011 sent letter to Moorcroft I have previously sent FFO - CAN you accept a FFO
February 2011 letter from Moorcroft despite our previous letters . . .
February 2011 reply from Moorcroft will accept 90% and balance will not be pursued by us
February 2011 sent Full and Final template letter to Moorcroft with 35%ish of balance offer
February 2011 reply from Moorcroft sed income & expenditure info. so we can consider your offer
April 2011 re-sent F&F template letter to Moorcroft with 35%ish of balance offer and income/outgoings form plus covering letter asking for reply within 14 days

[a-smith]

Re: A-Smith EU Diary

MBNA Credit Card

• Balance little under £6000
• No CCA received to date
• I last contacted them April 2010
• had £1 a month offer excepted

Found Niddy . . .STARTED OVER !

April 2010 sent Niddy’s CCA request template letter
April 2010 stoped paying
May 2010 reply - sorry for delay account acquired from other lender will get back to you but you should continue to pay us!
June 2010 received - Intention to file default
June 2010 ask Niddy - should I send CCA request reminder letter
June 2010 Niddy says - they sed they will get back to you - what till they do
August 2010 received - Default Notice served under . . .
October 2010 Letter from Experto Credite - Varde Investments (Ireland) Ltd has bought the interest of MBNA in this account
December 2010 letter from Experto Credite - we have previously written to you . . . you have failed to resolve this matter. . .
No CCA received to date
April 2011 letter from Experto Credite - Settlement Offer - payment need to reach us no later than 31st MARCH 2011
I last wrote to them in April 2010
No CCA received to date

[a-smith]

Re: A-Smith EU Diary

Barclaycard credit card

• Balance little over £6000
• No CCA received to date
• I last contacted them July 2010
• had repayment plan of £80ish a month

I last wrote to them in July 2010
No CCA received to date

when does the 6 years to being Statute Barred start from ?

[a-smith]

Re: A-Smith EU Diary

MBNA Credit Card

• Balance little under £6000
• No CCA received to date
• I last contacted them April 2010
• had £1 a month offer excepted

when does the 6 years to being Statute Barred start from ?

[Never-In-Doubt]

Re: A-Smith EU Diary

when does the 6 years to being Statute Barred start from ?

when does the 6 years to being Statute Barred start from ?

You'll notice i've tidied up your thread and posts. Please post any updates like these i've quoted and added above for you - basically quote the original post, erase all the history (not required in the quote) then ask the question/provide the update - if you update your original post and don't add anything telling us you've done it, we'll never spot any changes as the system doesn't pull any 'edits' into the updates....

Make sense?

Ok, regards to the question above - see answer here:

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

Under the Limitations Act 1980 the time limits are

• in simple contracts, 6 years
• in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment. Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this a lender should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and they receive evidence that the payment has been made.

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

[CleverClogs (RIP)]

Re: A-Smith EU Diary

MBNA Credit Card

• Balance little under £6000
• No CCA received to date
• I last contacted them April 2010
• had £1 a month offer excepted

Found Niddy . . .STARTED OVER !

April 2010 sent Niddy’s CCA request template letter
April 2010 stoped paying
May 2010 reply - sorry for delay account acquired from other lender will get back to you but you should continue to pay us!
June 2010 received - Intention to file default
June 2010 ask Niddy - should I send CCA request reminder letter
June 2010 Niddy says - they sed they will get back to you - what till they do
August 2010 received - Default Notice served under . . .
October 2010 Letter from Experto Credite - Varde Investments (Ireland) Ltd has bought the interest of MBNA in this account
December 2010 letter from Experto Credite - we have previously written to you . . . you have failed to resolve this matter. . .
No CCA received to date
April 2011 letter from Experto Credite - Settlement Offer - payment need to reach us no later than 31st MARCH 2011
I last wrote to them in April 2010
No CCA received to date

Varde Investments (Ireland) Limited do not appear to have a valid and current Consumer Credit Licence:

[5corpio]

Re: A-Smith EU Diary

there was news about Varde (Investments) yesterday -

Värde Partners has agreed a £472m deal to buy specialist credit card provider SAV Credit Limited from its private equity shareholders. The acquisition follows a partnership between Varde Partners and SAV Credit which began in March 2010, with Varde Partners extending a junior debt facility to the firm in April this year for its aqua and marbles branded credit card portfolios....Blog Link: HERE