Terryw journey to unenforceability

[terryw]

MBNA credit card

Date commenced ????? See below

Approx bal £500

Last paid Feb 2018

Not on arrangement

Only March 2018 payment in arrears
Line
Account with lender

Jan 2018. CCA request

Feb 2018 Copy on-line application received

a bit of a puzzle here. My credit cards were obtained many years ago in the 80s and 90s. And to the best of my memory all applications were made by post and I have never made an on-
Line application I have no documents from earlier days but I don't think my memory is faulty
The copy application from MBNA shows a date of 2011.
I told niddy that this started years ago and he said it is UE. But if the correct date is 2011 then it is likely enforceable

Is it possible that the cc company are mistaken or even trying it on?


Might a SAR request throw some light on this or any other ideas?

Many thanks

April 15 2018 Just an update. Received confirmation that SAR request received Will report further when it is received

MAY 3 2018 SAR information received from two MBNA re closed accounts from years ago but nothing yet for this account. I will update as and when.

May 5 2018 SAR info received I had mistake as the card was taken out in 2011 so it looks to be enforceable Ah well such is life!

june 1 2018 I have paid nothing for three months and letters and texts are almost daily This one looks to be enforceable. I shall consider making payments or an offer in due course

UPDATE 23 October 2018
MBNA have terminated the agreement and they may sell it to an external company. This is enforceable so I will wait and see if a reduced offer is made before doing anything

UPDATE 28 Dec 2022

MBNA did indeed sell the debt on to PRAgroup in November 2018. They are offering two thirds discount but I shall not take this kind offer up!
The default notice was Sept 2019 and quite a while to the six year point so I will see if any serious threats come along


UPDATE 3July 2023

The odd begging letter and fairly frequent begging texts from PRAgroup but nothing to worry about. Radio silence from me.
Hope it keeps like this to the six year point

[The Tech Clerk]

send a SAR that should give you all the info held by them Recorded delivery £10 postal order

[terryw]

Barclaycard credit card
Barclaycard number 2

commenced 80s or 90s

Bal approx £4000

Last paid march 2018

Not on arrangement

Status up to date

Account with lender

march2018. CCA request sent

march 2018 reply acknowledging UE. But suspending account because of increased risk!

very pleased Direct debit cancelled


june 1 2018. Other than begging letters and redu tion of limit nothing new

UPDATE 23 October 2018

Default notice issued with further confirmation that it is UE but still asking for payment! No action rquired!

UPDATE 30 December 2022


Nothing at all since the previous update in Oct 2018! Happy day! Still on my credit file. Hopefully I have to just sit it out until the sixth year point.

UPDATE 3July 2023

Still nothing at all since 2018. Roll on Sept 2024 when six years are up

[terryw]

Barclaycard credit card
Barclaycard no 3

Commenced 80s or 90s

Balance approx £900

Last paid March 2018

Not on arrangement

Account up to date

Account with lender

march 2018 cca request sent

reply confirming UE

very pleased. Direct debit cancelled

??????June 1 2018 Nothing new just begging letters and reduction in limit

UPDATE 23 October 2018

Oops my error. I stupidly had not cancelled the DD for minimum payment ! I have done this now.

March 2019. Default notice

UPDATE 30 Dec 2022

Very happy to report no letters since 20 March 2019. Letter states
Please be assured that your agreement is still unenforceable.


Just a waiting game now for the six year clock to operate

UPDATE 3 JULY 2023

Nothing from them and obviously radio silence from me
Roll on the six year point!

[terryw]

send a SAR that should give you all the info held by them Recorded delivery £10 postal order

Thanks. SAR request sent today. Will update as and when

[terryw]

Barclaycard credit card
Barclaycard no 4

Commenced 80s or 90s

Bal £800

Last paid march 2018

Paying lender

Up to date

Account with lender

mar 2018 Sec 78 request

stopped paying now

Edit and correction .....

The reply to the sec 78 request points out that for accounts opened prior to !985 the copy agreement
provided may compromise a copy of current terms and conditions which they have sent. so they are not admitting to UE

I am sending this to Niddy for his opinion.

UPDATE
Niddy has confirmed this is enforceable. I am applying for a SAR just to see if there is an update as suggested by poster MisterK below

June 1 2018 SAR reply still not received. Will update as and when

] UPDATE 23 October 2018

Sar received and it looks to be enforceable. Nothing paid since June and Default notice now received Will see if reduced settlement offered before I make a payment

March 2019. Sold to a well known buyer of debts My tablet keeps altering the name to Boost but it actually rhymes with moist . Sorry about that.

30 Dec 2022 Update

?I have received lots of letters and texts from the owner of the debt. I have ignored them all. Invitations for 28 per cent discount and their you pay we'll pay plan.
The clock is ticking so no action from me until something serious happens

UPDATE 3JULY 2023

Moist with an H have been taken over by Lowell so Lowell are now the owners of this debt
Received some begging texts but nothing to worry about
Just wait and see what happens......and hope Oct 24 arrived before anything worrying happens

[cymruambyth]

That’s a good result. Keep the letter safe; I hope you have stopped paying them.

[terryw]

Yep stopped paying now Thanks

[The Tech Clerk]

good

[terryw]

An overview of the situation.

I sent sec78 requests on 10 cards. 6 Have replied acknowledging UE. Niddy considers 3 more to be UE and I am awaiting his opinion on the last one.

I am very very pleased with all of this Thanks to all on this site particularly NIddy

[MisterK]

Regarding your pre-1985 Barclaycard No.4, I would send a SAR. You might have upgraded it since then (in the nineties perhaps) in which case it might well have been subject to a new agreement. The SAR will likely tell you. They would then need to send more than just current T&C, although you won't tell them that, silence being golden etc..

It's very easy to forget about an upgrade many years after the event and Barclaycard will not look into it that deeply when responding to a s78 request. They will just look at the date of the initial agreement and then send the pre-1985 template.

[Roger]

Regarding your pre-1985 Barclaycard No.4, I would send a SAR. You might have upgraded it since then (in the nineties perhaps) in which case it might well have been subject to a new agreement. The SAR will likely tell you. They would then need to send more than just current T&C, although you won't tell them that, silence being golden etc..

It's very easy to forget about an upgrade many years after the event and Barclaycard will not look into it that deeply when responding to a s78 request. They will just look at the date of the initial agreement and then send the pre-1985 template.

MisterK advice is excellent because you have what 4 Barclaycards so the SAR will cover everything! Might as well kill all these birds with one SAR!

[terryw]

Thanks Roger and MisterK for the advice above.

What might an upgrade be? I will send for a SAR

[MisterK]

OK so the kind of upgrade you are interested in is one where you would have signed an application form, for example in this case you might have upgraded to a Gold account in the nineties which would have replaced the original agreement with a new one. You would probably have forgotten about signing the form and sending it back but it will be there in the SAR.

An upgrade where they sent you a new card called gold or platinum without asking you to sign and return a form is unlikely to have involved a new agreement.

[terryw]

Thanks for the above Mr K. I have received the SAR informationregarding MBNA and it was my mistake as the card was taken out in 2011. It is enforceable but for a relatively small amount.

Still awaiting SARs from Barclaycard and I will update as and when. Thanks again