is my MBNA credit card debt statute barred.

[julesverne]

Hi Guys,

 

I had a credit card debt with MBNA that was sold to Aktiv Kapital. the last payment was made in Feb2009 so by my reckoning this is now possibly statute barred.

 

I have looked through many threads on here for a definitive answer to what date a statute barred debt is calculated from but couldnt find one.

but found some conflicting answers on other web sites.

for example the link below say from last payment.

 

http://moneyaware.co.uk/2013/10/statute-barred-debt/

 

but this web site link below says that depends on what your agreement says.

 

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-02.aspx

 

 

Please can somebody tell me who is correct.

[citizenB]

Do you know when MBNA issued a Default Notice to you? This would likely be up to 3 months after you missed the first payment. You would then need to add at least 4 weeks onto the date of the Default notice. The fact that you did not remedy it, would be the cause of action. IMHO.

[julesverne]

HI CB,

 

according to my credit report on Noddle it says the default was issued on 31/08/2009

 

does this make a difference to the staute barred date.

[citizenB]

HI CB,

 

according to my credit report on Noddle it says the default was issued on 31/08/2009

 

does this make a difference to the staute barred date.

 

That was the date that they started reporting to the credit agencies. I would say it is likely the notice was issued a couple of months prior to that date. About May time I would think.

 

Only a guess, but I would say you probably have a couple of months to go before you can safely say it is statute barred. Are you being pursued ? It wont drop off your files until August/September 2015 when you could almost certainly consider it to be so.

[julesverne]

i get a letter every couple of months saying i can settle the debt for a third of what was originally owed if i settle within the 7 days.

i just put the letter in the drawer with all the others.

 

once it is Statute barred would i still be able to make a PPI. i know from threads that it cant go to the DCA but i would rather be sure before making a claim.

[julesverne]

Thanks CB for your Help.

[citizenB]

i get a letter every couple of months saying i can settle the debt for a third of what was originally owed if i settle within the 7 days.

i just put the letter in the drawer with all the others.

 

once it is Statute barred would i still be able to make a PPI. i know from threads that it cant go to the DCA but i would rather be sure before making a claim.

 

 

We have seen recently claims being made for PPI whilst the account has been sold to a 3rd party.. being bought back by the original creditor for the PPI to be offset. So it isn't always a given that .. if the account ahs been sold, the PPI will be refunded to you.

 

Also you need to remember that whilst a debt cannot be pursued through the courts once it is statute barred - the debt hasn't gone away, so again, if you were to make a claim for PPI once it has become statute barred, you risk having it refunded to the account and not to you.