What should I specifically ask for on the SAR? Although HSBC have stated they have no information as they're not obliged to keep it and have quote the Limitations Act. The last payment to Apex was in 2011.

Sorry, am error in my post, 6years should read 6months.

Where do I start... There is a Current account in my name dating back to the very late 90's when I was a student. I had many accounts during university, taking advantage of the many overdraft facilities on offer at the various banks. Hand on heart, is this account mine? I honestly don't know. At one stage the debt of circa £3k was being managed by Apex Credit Management. I was young, naïve, conscious of credit reports as I was in the process of buying my first house, and so I relented and started a payment plan with Apex in say 2003 to 2008, the debt now stands at £2.6k. As I became a little more clued up, not as much as you all on here, I asked Apex to prove the debt was mine as they had bullied me in to paying. I sent off the £1 fee and nothing came back. The debt recovery was eventually stopped, and the account reverted back to HSBC. Earlier this year HSBC contacted me via letter and said the account was being dealt with by Lowells, then Hamptons (I think), and when I pressed for proof that the account was mine, HSBC quoted the 'statute of Limitations Act' saying they do not keep records beyond 6years, furthermore, my time to dispute the matter with the Financial Ombudsman had expired as their letter of this year was over 6mts old, coincidently, Lowells letter to me was the day after the 6month time limit had expired. Do I have to pay this debt? Will it show on my credit report? Any advice would be welcome.

I know, 'I fell for it, hook, line and sinker'. I told them pretty much everything I've said thus far, although they knew about the CCJ as they gave me those old details so I told them what had happened in 2004 and they said they would put any action on hold until I get back to them within 14days and they may take it back to the original creditor.

Hi, The Solicitors that have bought the debt is 'Drydensfairfax', and I spoke to them this past Saturday as the letter didn't say anything about a debt, it just requested that I contact them and to be honest I wasn't expecting it to be anything bad after all these years.

Hi, I have a £5.5k debt (loan) for which the creditor obtained a CCJ in 2002. In 2004 they attempted to enforce an 'Attachment of earnings' but as I was 'Self employed' it was dismissed by the Judge. I wrote to the creditor on 3 occasions in 2004, I still have the paperwork, offering weekly payments of £10, I even filled in one of their 'Income and Expenditure forms' but they never got back to me. Now 10years later they have sold the debt to a collection agency or Solicitors who are chasing payment. I know as a CCJ by the original Creditor was obtained the Debt is NOT 'statute barred' but where do I go from here? If they'd accepted the £10/month I offered back then I'd be close to paying it off by now. Everything I've read online says 'this is a grey area'.

Hi All, What does the following term mean? 'We will endeavour to begin supply of Informationfrom the agreement date, no later than 7 days thereafter.' In my opinion, and I'm told I'm wrong, the first part of the sentence is 'endeavour', and the second part of the sentence after the comma expressley states 'no later than 7 days'. My question is, which is it, endeavour or expressley stated? Please help clarify this. Kindest regards.

Oh; is the inducements a bad thing for me then?

No; their sales guy offered to give me his Linkedin connections.

Hi. Thanks for the response. The Claimant and provider/supplier is Emap T/A Glenigan. I did receive inducement (IMHO) and I had no bargaining power.

Many thanks for your response. The Claimants Standard terms of business, clause 5 states: In return for your payment of ourInvoice we will supply the Service. We will endeavour to begin supply of Informationfrom the agreement date, no later than 7 days thereafter. We will use ourreasonable endeavours to supply the Service to you at the frequency indicatedon the order form but time for delivery is not of the essence. We willendeavour to notify you where there is likely to be a delay. We reserve theright to change the format, frequency, presentation and content of the serviceand/or the Information without reference to you (but will only do so where weconsider such a change to be beneficial to you). You will not be entitled toupgrade the Service unless you pay a recalculated Subscription fee to takeaccount of the upgrade. We will use our reasonable endeavours to ensure thatthe Information is accurate at the time we obtain it, but cannot guarantee theaccuracy of any Information. We will endeavour to supply training within 30days of the agreement date, but cannot guarantee this. Failure to receive training,for whatever reason, does not constitute a right for you to terminate the subscription. My interpretation of the clause is that they could provide nothing for the entirety of the agreement and I could still not Terminate the agreement.

Hi, I went to court to have judgement set aside; the Judge has ordered me to file my defence by the 14th October (a week on Friday). I'm trying to argue that the Standard Contract Terms of the company I entered into contract with are Unfair. However, I was told by the Judge during the hearing that I had the ability to negotiate the contract; which I disagree with. The Claimant is owned by a multibillion pound private equity group, and me, the Defendant (Ltd company) is just me. Is the judge wrong? Can I argue this one? The Unfair Contract Terms Act 1977 section 3 states, Liability arising in contract.E+W+N.I (1)This section applies as between contracting parties where one of them deals as consumer or on the other’s written standard terms of business. (2)As against that party, the other cannot by reference to any contract term— (a)when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or (b)claim to be entitled— (i)to render a contractual performance substantially different from that which was reasonably expected of him, or (ii)in respect of the whole or any part of his contractual obligation, to render no performance at all, except in so far as (in any of the cases mentioned above in this subsection) the contract term satisfies the requirement of reasonableness. What do you think? Kind regards.

Hi All, (this is a business to business dispute) Is anyone aware of any case law where the defendant (my company) signed a contract with another company (claimant), but has never received any benefit or services from the Claimant yet the claimant now wants the full contract value? Hope that makes sense. Any advice greatly appreciated.

Hi, Before you read, please be aware that I'm writing with regards to a Limited company to Limited company dispute. If you would like to know the whole story, then please feel free to read my only other two posts in the last few days. From my experience today, it seems you cannot go to just any court in the land to set a judgement aside and/or stay of writ without first having the case transferred from the issuing court; in my case it was Northampton County Court Bulk Centre. As I was told a few hours ago, it is at the local courts discretion to phone Northampton Bulk centre and ask for the case to be transferred to them so that a judgement or writ of stay can be dealt with at the local court. Given the current financial strain on Local councils, and it being a Friday afternoon, my local county court told me to speak with Northampton Bulk Centre as they could not deal with it and they promply produced a print out from a 'gov.uk' website that said something about a 'stay of writ' being dealt with at the issuing court. Anyway, I got home and straight on the phone to Northampton. They explained that I had to fill out form N244 twice (£80 x2), one to set the judgement aside and another because the Writ of Fi Fa was issued by the High Court which incidently can be issued to a Directors personal address. I must say that Northampton Bulk Centre whose help teams I've spoken with 3 times now are quite helpful, and apparently I was on a Priority list (thankfully), so I paid them over the phone, emailed them the two forms, and was told that whilst my forms are being processed, Marston Group, the HCEO cannot enforce the Writ of Fi Fa (i.e. cannot turn up at my house to take things away), and that their system automatically notifies them of this. As much as I'm grateful to Northampton Bulk Centre help desk, I'll still be phoning them on Monday to ask for an update. Also, because its a company to company dispute, the local court to which it will be referred to must be the Claimants and not mine.

Many thanks again.