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is my MBNA credit card debt statute barred.


julesverne
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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.

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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.

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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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.

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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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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