New Post Advanced Search

Coronavirus: The latest from MSE


The MSE team is working extremely hard to keep the info we have about your travel rights, cancellation rights, sick pay (and more) up to date.
The official MSE guides: NEW MSE Coronavirus Guides

NEWSFLASH 31/3
RESCUE FLIGHTS FOR STRANDED BRITS * SCHOOL MEALS VOUCHERS * BRIGHTHOUSE COLLAPSES

Statute Barred?

4 replies 82 views
I have one last debt of just under 6k with b/card.. defaulted in June 2014 and I have written (using the national debt line template) to them several times over the last few years offering f&f of £2500 which has been rejected each time.. the debt is still with b/card.. and I haven’t made a payment since default.. will this be statute barred this year or does the fact that I wrote to them affect this. I have also done the CCA request a couple of years ago and was sent a reconstituted copy (I opened my b/card account in 1989) - I was advised by someone from legal begals that it was unenforceable.

Replies

  • edited 24 February at 3:24PM
    Willing2LearnWilling2Learn Forumite
    5.7K posts
    Seventh Anniversary 1,000 Posts Name Dropper Photogenic
    ✭✭✭✭
    edited 24 February at 3:24PM
    If LegalBeagles have advised you that the account is unenforceable, due to having not received a valid 'true copy' of the agreement, then I would write to the creditor telling them exactly that and see how they respond.

    If that makes you feel uncomfortable, then you can also email your 'true copy' to the AllAboutDebt forum, so that you get a second opinion.

    I am definitely not an expert, but I **think** your written F&F settlement offers 'over the last few years', would constitute written acknowledgement of the account.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • farmeressfarmeress Forumite
    23 posts
    Fifth Anniversary 10 Posts Combo Breaker
    You’ve just reminded me - it was All About Debt who checked my CCA, not legal begals.. awww typical! I’m not against paying my debt but would prefer statute barred. Thanks for your advice :)
  • edited 24 February at 3:51PM
    sourcratessourcrates Forumite, Board Guide
    19.9K posts
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭
    edited 24 February at 3:51PM
    Herein lieth the quandary.

    A recent appeal court decision now puts the date of default as the "cause of action" date for certain debts, how your written settlement offers affect this, is now the key question.

    You also have the added bonus of a possible unenforceable agreement, so I would say wait until BC offload the debt to someone else, this new owner won`t be aware of events prior to their involvement, you can then hit them with "the debt is unenforceable due to a lack of compliant credit agreement, and the debt would be statute barred anyway".

    That would most likely render it dead in the water. 
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • Willing2LearnWilling2Learn Forumite
    5.7K posts
    Seventh Anniversary 1,000 Posts Name Dropper Photogenic
    ✭✭✭✭
    Just so that you can do your own check on the documents.  A 'true copy' of your agreement should be readable and must include:
    • your name and address when the account was opened;
    • the creditor’s name and address when the account was opened;
    • the terms and conditions of the account at that time, including the cost of credit (the Annual Percentage Rate), when you have to make payments and your cancellation rights; and
    • any other documents that were mentioned in the Terms and Conditions.
    It does not require a signature.

    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support