NOSIA refunds – statement v letter & timebar


Hi, hope you can help. Out of the blue I recently received a refund from MBNA for their failure to provide notice of sums in arrears (nosia) in 2009. I then looked back at my records and found same thing happened when I missed 2 payments with Lloyds Bank credit card. I raised it with them but they dismiss it due to a ‘timebar’ of 6 years and saying that statements include all info anyway. So, 2 questions:

– can a monthly account statment be a NOSIA? I believe it is typically a seperate document/letter, using particular statutory wording (eg stating it is a notice), including amount due etc. But info I found googling seems a bit unclear so any clarification much appreciated.

– is statute of limitation applicable? my understanding is it is an ongoing breach until the notice is served, under CCA 2006, so redress should be made even if it is more than 6yrs ago. (This explains mbna action.)

Thanks very much.


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