Unenforceability & Template Letters III

jinny

jinny wrote: »

Hi Nids here are me debts for you to have a look at.

on credit file as defaults
Vanquis Credit card-sold to Lowell portfolio (these phone me at work)
defaulted on 25/5/09 balance 413.00 last payment 30/9/08

Lloydsplc overdraft now collected by Apex
defaulted on 31/7/09 balance 1203.00 last payment 03/2/09

Northern Rock plc
defaulted on 31/1/05 balance 103.00 last payment 31/1/05

---

creditors no longer on credit file but most still chasing me

black horse loan collected by lewis might be finished not sure
defaulted on 16/11/05 balance 1337.97 last payment nov 08

Lombard loan now collected by Arden Credit collections
defaulted on 24/2/03 balance 3328.96 last payment 06/11/08

Lloyds credit card now collected by Apex phone pests
defaulted on 29/5/03 balance 846.82 last payment 03/11/08

Capital one credit card collected by lowell portfolio
defaulted on 25/8/02 balance 236.21 last payment 03/4/08

all priority payments ok
owe gas lecy but can make arrangements

Hi nids just looking at the F A Q and got a bit concerned my last payments are not 6 years ago would they still be enforceble then. Sorry to nit pick your advice just want to make sure, as this is scary. :eek:Thanks.

Q. What date does the 6 years for the debt to become statute barred start from?
A. From the date of last payment or acknowledgement of debt. Some will argue that sending a CCA request 'acknowledges' the account - it does not! Sometimes, yes, but the replies you send will determine the actual statute date based on your specific circumstances - there is no standard answer to this as each case will vary dependant upon a number of factors.

Rainbow_Liberty

never-in-doubt wrote: »

Good on you, go for it - enjoy your break yea and we'll catch up when you're back

How was your night shift Nid?

I don't go till Friday so your stuck with me till then :rotfl:

Being cheeky now but any chance we can sort Robinson Way before I go away please:A

I "HAD" been with checkmyfile till you told me they were rubbish so that's been cancelled and I've sent off for all 3 of my reports. (Recorded) One of the cheques so far has been cashed, so they are on their way.

Rainbow_Liberty

jinny wrote: »

Q. What date does the 6 years for the debt to become statute barred start from?
A. From the date of last payment or acknowledgement of debt. Some will argue that sending a CCA request 'acknowledges' the account - it does not! Sometimes, yes, but the replies you send will determine the actual statute date based on your specific circumstances - there is no standard answer to this as each case will vary dependant upon a number of factors.

How would that work then if a debt isn't showing on the credit file anymore but you are still making token payments via a collection agency and have done for 8 years?

Wicca303

Hi NID,

sent off an email last night with yet another response from Cabot. I think it's just them begging again, now they've had the CCA dispute final notice letter, but wanted to check as they threw in lots of jargon, telling me the debt is only unenforceable in court so I should still give them money.

Idiots they are.

jinny

Rainbow_Liberty wrote: »

How would that work then if a debt isn't showing on the credit file anymore but you are still making token payments via a collection agency and have done for 8 years?

Thanks for your reply, I have just this week joined credit expert and found out that some of my debts are no longer filed with them but the collection agencys still chase you for the debt. I have still been making token small regular payments to them via collection agencies. They have had to accept the small payments due to my low income. I changed banks in 2008/09 as advised on the bank charges thread and I stopped paying the debts then. I have been bombarded with phone calls from two of these blighters since then, and now I have been getting calls at work. NIDS has directed me to send a harrasment by telephone to them which i will do today. I just thought as I will be on a state pension and a very small private pension in the very near future and will never be asking for credit again I could try this route. I'm just waiting for nid to reply when he has time to to the last payment question.Regards Jinny

Rainbow_Liberty

jinny wrote: »

I have been bombarded with phone calls from two of these blighters since then, and now I have been getting calls at work. NIDS has directed me to send a harrasment by telephone to them which i will do today.

I'm a total idiot - and blonde isn't even my natural colour.

When I wrote to everyone for my CCA request I actually physically signed each letter and now it's dawned on me that I've actually got my phone number and email address on the headed paper. What makes this even more stupid for me to have done that is I cancelled my home phone about 6 months ago as I was sick of the phone calls. I've just fed myself to the Lions on a plate haven't I?

jinny

Rainbow_Liberty wrote: »

I'm a total idiot - and blonde isn't even my natural colour.

When I wrote to everyone for my CCA request I actually physically signed each letter and now it's dawned on me that I've actually got my phone number and email address on the headed paper. What makes this even more stupid for me to have done that is I cancelled my home phone about 6 months ago as I was sick of the phone calls. I've just fed myself to the Lions on a plate haven't I?

Calm down Archangel NIDS:A will advise soon. Thats why Im asking so many question like the last payment question so I can get it right dont want to walk into the lions den myself by giving them ammo. Its probably the stress these slugs cause by harrasment that has got you this way. Now deep breaths he will appear soon.:cool:

Rainbow_Liberty

jinny wrote: »

Calm down Archangel NIDS:A will advise soon. Thats why Im asking so many question like the last payment question so I can get it right dont want to walk into the lions den myself by giving them ammo. Its probably the stress these slugs cause by harrasment that has got you this way. Now deep breaths he will appear soon.:cool:

I'm dreading it, NIDS is going to have a jump on my head for being so stupid - then again if I hadn't been stupid in the first place I wouldn't be in this mess I guess.

jinny

Rainbow_Liberty wrote: »

I'm dreading it, NIDS is going to have a jump on my head for being so stupid - then again if I hadn't been stupid in the first place I wouldn't be in this mess I guess.

I resemble that remark he he! Weve all been daft and got sucked into the have now pay loads later industry. You will be fine. try not to worry.:)

Flower567

Hi Guys

Well I have not posted on here for a while as all had gone quiet with MBNA....until yesterday! Just to remind you where I am up to - sent CCA Request - no response, sent CCA Reminder - still no response, sent CCA dispute - no CCA received - just letters saying that I am obliged to pay and that they are currently locating the agreement and CONSTANT phonecalls - have sent the harrassment letter but these still have not stopped! All letters sent Recorded Delivery and all have been signed for.

However, I got a letter yesterday saying that I used my credit card in December for the sum of £100 and my right to uneforceability is now waived!!!! Is this true or is this another technique to get me to pay??? The thing is I KNOW that i have not used this card since I started this process. I dont know whetehr to report this to the MBNA as fraud or just leave it?????

Any help apprecaited - whether I should contact them or just leave it.