experto claimform - Mbna- Virgin Card ***Claim Discontinued***

[Laura Cooke]

Hows you Dotty hope your not too stressed with debts nice to see your still about

[Capricorn1601]

Hey Dotty, Im here

[MeeBroke]

Me too!

[Dotty50]

Hows you Dotty hope your not too stressed with debts nice to see your still about

 

Sorry Laura missed your post!

 

Hope you're ok and life is treating you a lot better than before.

 

Anyway, I've sent them a letter asking for proof of the debt as there is no mention of the OC, so will see what they have to say

[Dotty50]

Hi Guys, I’m still here!

 

In June AK acknowledged my prove it letter and advised that they would contact the OC for the documentation and placed the account on hold until it was available.

 

In July another letter received to advise they were still waiting and the account remained on hold.

 

Another one from AK today as follows - Unfortunately we have been advised by the OC that the documentation is not available at this time and we apologise for being unable to fulfil my request, at this time your account has been removed from our collections process.

 

Should their position change, they will be in touch and supply copies!

[MandM]

Hi Guys, I’m still here!

 

In June AK acknowledged my prove it letter and advised that they would contact the OC for the documentation and placed the account on hold until it was available.

 

In July another letter received to advise they were still waiting and the account remained on hold.

 

Another one from AK today as follows - Unfortunately we have been advised by the OC that the documentation is not available at this time and we apologise for being unable to fulfil my request, at this time your account has been removed from our collections process.

 

Should their position change, they will be in touch and supply copies!

 

Fingers crossed that means "never"

[Dotty50]

Let's hope so!

[Dotty50]

I have just been doing some tidying up of my files so posting here for my reference and just in case anyone is still subbingicon.

 

The claim was issued by Hillesdens in Dec 10 and became stayed in Feb 11, but Hillesdens did produce a signed copy of a CCA just after it was stayed.

 

All I've had since is annual statements, dated May to Nov 11, May 12 & Nov 12, May 13

 

Last paid approx May 09 so fingers crossed it gets to May 15 without anything else happening!

[AndyOrch]

Responding to your Reported Post Dotty...what is the name of the thread you would like the above post on?

 

Andy

[nks22]

I have just been doing some tidying up of my files so posting here for my reference and just in case anyone is still subbingicon.

 

The claim was issued by Hillesdens in Dec 10 and became stayed in Feb 11, but Hillesdens did produce a signed copy of a CCA just after it was stayed.

 

All I've had since is annual statements, dated May to Nov 11, May 12 & Nov 12, May 13

 

Last paid approx May 09 so fingers crossed it gets to May 15 without anything else happening!

 

What is the date or event from which the six years for statute barred is measured? Is it an actual payment (assuming no arrangement agreed) or some form of contact?

 

Thanks. (And good luck!)

[Dotty50]

Responding to your Reported Post Dotty...what is the name of the thread you would like the above post on?

 

Andy

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?349319-Claim-issued-MKDP-barclaycard-will-need-some-help-please!&p=4467086&viewfull=1#post4467086

 

Hi Andy hope you're keeping well, thanks to your quick response. I'm having a 'blonde/senior' moment!

 

Here is the link to the correct post that I want removed please, I have already copied it onto this one, which is where it should be.

[AndyOrch]

Yes Im fine Dotty pleased you are still active on the debt fighting front....post removed.

[Dotty50]

What is the date or event from which the six years for statute barred is measured? Is it an actual payment (assuming no arrangement agreed) or some form of contact?

 

Thanks. (And good luck!)

 

Hi nks22

 

My understanding is 6 years since any payment to the debtor or any written acknowledgement of the debt.

[Dotty50]

Yes Im fine Dotty pleased you are still active on the debt fighting front....post removed.

 

Thanks Andy, I'll try not to mix any more up!

 

I used to get really fed up when a lot of threads I subbed to were never updated by the user, hence me trying to sort mine out.

[nks22]

Thanks. I was just getting confused myself, adding 6 to 9 and getting 13 for some reason! I'm in a similar position to you time-wise with my last MBNA payment in July '09 although I'm still getting passed around a succession of collection agencies, currently Lucas (offering a 50% discount).

[Dotty50]

Thanks. I was just getting confused myself, adding 6 to 9 and getting 13 for some reason! I'm in a similar position to you time-wise with my last MBNA payment in July '09. Am still getting passed around a succession of collection agencies, currently Lucas, offering a 50% discount.

 

Sorry, I forgot to add that it's only 5 years if you're in Scotland.

 

I guess no one's been brave enough to issue against you nks22 and they're getting desperate if they'll take 50%!

 

I've not heard of Lucas, I suppose they could have re-invented themselves from a previous useless DCA!

 

All the best, keep your threads updated.

[Dotty50]

Although this is a very old thread, I thought I would post a little update.

 

I was expecting this to become statute barred in approx May this year however it seems that when a claim is issued, the SB clock pauses and only re-starts if a claim is discontinued or of course if it proceeds to court and a ccj is granted then it goes out of the window anyhow.

 

Which means that this CC will never become SB unless I apply for a strike out.

 

I'm not too concerned about any further action, they would have a difficult job on their hands to resurrect a claim from Dec 2010 but I just thought I would post for anyone who may still have this thread in their notifications.

[nks22]

My MBNA debt (now owned by Hillesden's) will reach its six years about the same time. I'd assumed it would become statute barred as I've had no claims issued – just annual reminders and occasional offers. After reading the info at this link I'm just left confused, though.

[Dotty50]

Hi nks, it is a bit confusing and seems to contradict itself!

 

But the way I read it is that whilst the debt is still recoverable, they cannot issue a court claim due to the limitation period.

 

If you've not had any claim issued I think you should be fine, just be wary of any last minute attempts!

 

I've not heard anything since 2013 and that was just a statement of account.

[Dotty50]

So, a little update nearly two years on!

 

This debt was purchased by PRA (formerly Aktiv Capital) and a claim was issued in August from Judge & Priestley.

 

I used a solicitor to defend it on my behalf and the claimant has discontinued.

 

I can't elaborate on how it was fought or who I used to get rid of them, due to site rules but if anyone is still subbing or comes across this old thread, just take note that they can be defeated and having a very clued up solicitor is worth it's weight in gold!

 

I've had some brilliant help here over the years on CAG but this was a debt of £9k and they'd added over £2.5k in charges so it wasn't something I was going to risk going it alone with.

[jackreacher]

well done you and a good solicitor is worth it if you are not confident.

[AndyOrch]

Well done Dotty

 

I will amend your thread title to reflect the outcome.

 

Regards

Andy

[Dotty50]

Thanks Andy

[Dotty50]

Just a little update to complete this thread because I used to find it really frustrating when threads were left without any conclusion.

 

This was statute barred in July 15 and the default was dated 30th Jan 2010 but it has now dropped off my file!

[Dotty50]

Just a little update to complete this thread because I used to find it really frustrating when threads were left without any conclusion.

 

The default was dated 31st Dec 2009 and it has now dropped off my file!