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Link/MBNA Claimform - Card Debt Poss statute barred **Struck Out**


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My dear Saintly, I am implying that in order to fit 170k of people into a corner, it would need to be a big corner. :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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hi haven't been on for a couple of days, my little sister is ill,we've just found out she needs a transplant so at the hospital for last couple of days for tests. , in reality a much bigger thing to worry about.

 

As yet nothing in the post, its horrible.

i see the postman about two doors away and feel phyically sick.

So far, not a good start to the year.

These things are hear to test us!

Can't think of anything else to say

Will keep you updated.

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Look after your family - as you rightly say a far more important matter.

 

Anyway, what can the postman bring that is so bad? Another snotty letter telling you to pay up which isn't worth the paper it's written on. I know how you feel though - even now I still hesitate before I open the mail.

 

From what you have said the debt is statute barred and there are a lot of DCAs preying on people who haven't got access to advice.

 

I am sure you will let us know when you hear anything.

 

Keep strong:)

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Thank you, it certainly does. Off to bed, new day tomorrow. Will keep you updated. Thank you so much for your help and support.

 

thanks goldlady and saintly. Your great. night night.

 

We have contact,

Letter states the default date was september 2002 so therefore not statue barred and they will be in contact in due course for proposals of repayment.?

 

spoke to debt line they said this is definately wrong and probably trying it on.

I'm not replying, If they were that confident surely this letter would of been a court summons.

 

They also advised that i could report them to Trading standards and someone else if the letters continue. I've got my gloves on now, i will fight this.

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I think they are wrong too. My understanding of statute barred is the last time payment was made or you acknowledged the debt. I have never actually sought to prove this point, have just read it on here many times. After all they can choose to default it when they like - and in my case I think defaults have been 'renewed' although I have never done anything about it.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Its such a weak letter, i will report them the next time they write to me.

 

They are lying, are they allowed to lie!

 

I have really researched this and know it is six years + 1 month from last payment, in other words as soon as payment is late the following month six years ago and no written contact from myself.

 

Wish they would just go away.

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don't wait for another letter - tell trading standards now. The point being that these letters are standard template letters that they've written. I'm sure you'll see a template code on the letter confirming this. This proves that it's their POLICY to send out letters that lie to people when they mention the 6 year rule. In other words it's not an over eager employee going too far. Send it now.

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I think they are wrong too. My understanding of statute barred is the last time payment was made or you acknowledged the debt. I have never actually sought to prove this point, have just read it on here many times. After all they can choose to default it when they like - and in my case I think defaults have been 'renewed' although I have never done anything about it.

 

Sorry to butt in on this thread as I have only just seen it!

 

The 6 year 'clock' for the Statute of LImitations actually starts running from a date called the 'cause of action'. This is the day on which a creditor could take legal / court action against you for a debt. This will usually be the day after a default notice expires.

 

You should usually be defaulted on a credit agreement in a 'timely' manner - it's generally accepted that this is when you have missed 2-3 payments. The default shoudl also be registered in good time - generally accepted to be within a month.

 

The onus is on the creditor to prove the debt isn't statute barred but from the information on this thread this particular debt may not be ( yet ).

 

Hope this hasn't caused too much confusion

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hi confused78,

how do i make the complaint, do i just phone my local trading standards. Your right, there is a code at the bottom, its just a system automated letter.

 

address/number should be in your yellow pages or use this website

 

Find your local Trading Standards office : Directgov - Do it online

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Well totally confused now, National debt line web sites and other web sites say something totally different to Powelll. What do I do now? I feel like screaming i thought this was Statue barred.!

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well you've paid nothing since January 2002 so ten months doesn't sound like a timely fashion in any case. The best advice for you to go on is the official advice from the national debt line - write the letter to trading standards and see what happens.

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Well totally confused now, National debt line web sites and other web sites say something totally different to Powelll. What do I do now? I feel like screaming i thought this was Statue barred.!

 

If you look at the letter below ( from the National Debtline factsheet ) it is mentioned

 

SAMPLE LETTER H

 

THIS LETTER IS DESIGNED TO HELP YOU DISPUTE LIABLITY FOR A DEBT WHERE A CREDITOR HAS NOT CONTACTED YOU FOR OVER SIX YEARS AND YOU HAVE NOT MADE A PAYMENT OR WRITTEN ACKNOWLEGING THAT YOU OWE THE DEBT DURING THIS PERIOD.

 

Your Name:

Your Address:

Date

To:

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

(Your signature)

 

I'm honestly not trying to confuse you and you would certainly have an argument that the default has been registered too late. I was just trying to clarify the Limitations Act for anyone else looking at the thread.

 

I am definitely correct though; I advise on Limitations on a daily basis :)

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thank you, will that stop legal action, can they go legal if i say i have no idea what this is for? have read other letters on this site where this company (Link Finanicial) say they don,t have to provide aggreements etc. Surely they have to provide document to the court if i defend myself, I have also seen on this site that the company i am supposed to owe (MBNA) are not very good at coming up with the original agreements, any credit card i may have had must of been applied for at least 8-10 years ago? any answers to help me sleep.

 

 

Hi

 

I have had the same problems with link...I sent them a letter and a £1 postal order asking for a copy of the deed of assignment...

 

They told me they did not have to give it me...They then tried to CCJ me...

 

I got the case moved to my local county court....Link have a habit of fast tracking in lambeth so beware...

 

I then said on the papers that....I believe that link did not own the debt as they have not provided me with the dee of assignment...

 

The court granted Link time to do so...they did not comply...CASE THROWN OUT OF COURT last year....havent heard from link since...

 

Link try to bully you with CCJS then go fast track for charging orders....They are trying to make all their debts secured debts...thus their company will be worth more...REPORT THEM TO TRADING STANDARDS AND OFT

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Hello all, I sent the letter powelll has put above. They told me not statue barred because default September 2002 and will contact me for payment in due course!, if i get a county court summons through, can i still claim statue barred and they have to come up with proof this is not?.

 

Can i put more than one defence like i have had no credit agreement, statue barred and the deed of assignment thing lloydspain has put?

 

Surely 10 months is too long to serve a default!.

 

Thank you, i do appreciate your replies even if its not what i want to hear. On the up side lost 10lbs in weight in the last couple of weeks, every cloud!

 

Forgot to ask, Whats a deed of assignment and is it easy to have changed to your local court? thanks

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Hi everyone

Got summons in post today, sent off the thing which gives me 28 days, now what do, do i defend on statue barred, (took them too long to lodge default), deed of assignment? Shall i ask them for credit agreement, haven't got a clue where to go from here. thanks

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