I purchased an Asus notebook from Debenhams Direct (Debenhams gift card and balance on debit card) in November 2013. Earlier this month smoke was coming out of notebook and could smell burning so contacted manufacturer as Notebook under warranty. Sent to their local repairers last week and returned yesterday, only to find that several letters on keyboard now not working. Asus are only offering further repair. Is this the best I can expect? Two faults in less than six months (Christmas gift so not opened until December) is a very expensive mistake. Who should I contact if I want replacement/ can I request refund? Help!!!

Hi Terence, As Mikey above said, your neighbour needs to make a claim for Income Support (paid at a reduced rate pending outcome of the appeal). This will then entitle her to housing benefit/council tax. For this she needs to call a Benefit contact centre. You can call on her behalf if she wishes but she will have to tell them that she wishes you to act for her .Alternatively if she doesn't want to call, a face to face interview can be arranged for her as a "vulnerable customer "in a local jobcentre, or a clerical form can be issued to her. This will get your neighbour an income until the Incapacity benefit appeal has been resolved. I would also suggest someone speaks to the local authority to let them know the position, or she will probably receive letters from them which will only make her more anxious? When a request for an appeal is received, it first goes to another officer for what is called a reconsideration. They may or may not change the decision based on information provided, therefore please ensure that you provide them with 'new' information to consider, If there is no new information the decison may not be changed. If they cannot change the decision then the case goes forward to appeal. In a few months Incapacity benefit customers will be subjected to the Employment and Support Allowance regime, which could affect many long term customers. As for DLA /Carers Allowance - Carers allowance is only payable if the person being cared for has either Middle or Higher rate DLA, it is not payable for lower rate. If you think your neighbour would be entitled to DLA you can obtain these forms from your local jobcentre too. Although they are time-consuming to complete, you have 6 weeks to return form the date of issue and that date is taken as date of claim

Success!! When I submitted the defence document I did mention that I didn't sign any agreement with HBOS in 1999 as HBOS didn't come into being until 2001. (only because I was annoyed at all the inaccuracies!) also mentioned that I didn't ever receive any documentation with the outstanding balance mentioned at that time (although I would love to know where the figures came from!!!) I am positive they didn't have anything to back it up. Under the Plea in law I used the Statute Barred legislation as advised. Today the letter came from Yuill and Kyle saying "our clients have given consideration to proceeding further and are prepared at this stage to have the matter formally disposed of with no expenses due to or by either party" Shame it didn't come before I forked out the £80 to lodge defence tho! I honestly cannot thank you enough. Although money is very tight at present I will make sure that when I can afford to I will be sending a donation to CAG. I would never have been able to go through all this without your assistance. In the meantime, I intend to use my work-based knowledge to assist others who require assistance on another part of the site. I have 25 years of experience under my belt which I can put to good use! I had no idea this site existed until I needed help, and am so grateful you were all here. Thank you, thank you, thank you.

There is no time limit on recovery of overpayments of benefit. Was your wife notified of this benefit overpayment back in 2002? I am assuming that there have been previous requests for recovery? Whilst they may be unable to pursue recovery in court, the overpayment will not be written off. If not, if this is the first notification she has received about this overpayment she still has the right of appeal against the decision. This has to be done within a calendar month of the decision being issued. If your wife thinks she stopped claiming the benefit and withdrew her claim it may be official error if the payments continued after the notification, and therefore may not be recoverable. (If this is an old overpayment I assume that was investigated when the original letter was issued?) Due to data protection laws they are unable to provide information to anyone other than the benefit customer, which may explain why you didn't receive any reply to your request..

Thanks Ida. Was away for a few days. Just back today. Defence submitted for last Thursday. Now just waiting to see what comes back.

Sorry, it is an ordinary cause action. The writ also stated that I signed an agreement with HBOS in 1999, and copy agreement will be provided with default notice if it goes to court. HBOS were not formed until 2001, which makes me think they don't have the Bank of Scotland agreement, or their statement is incorrect? Should I also put this in the defence? I assume that I deny signing HBOS agreement? I am annoyed that there has not been a peep out of them since I sent statute barred letter two weeks ago, more than a week before I had to reply to court that I was going to defend, and I am now being forced down the road of preparing a defence for Thursday.

It is an Ordinary action.

quick note, Assume your children are all over school age, that is why I only mentioned bereavement payment for a year. If you had school age children it continues until Child benefit ceases.

Hi Lottiesnan, Did you receive any bereavement benefits? Lump sum payment of £2000 and then weekly benefit payable for a year if your husband paid enough contributions (doesn't have to be in recent years). Also, benefit to benefit claims are normally dealt with quite quickly, and you shouldn't have to complete any big forms as your claim is made over telephone, and because you have been receiving benefit the housing benefit form is called a HB reclaim form and is only two pages. Same when you go back to Jobseekers Allowance. The rapid reclaim reopens your previous benefit claim and is only a short interview in Jobcentre to reopen your claim and get you sorted out with a signing time. As long as you advise the council what is happening your housing benefit should be ok. Please don't let all of this cause you more stress. One step at a time. During your ESA claim you will be referred to an advisor who can advise you about it all. They are there to support you. If you disagree with the medical boards decision you can appeal against that decision and you remain on ESA badic rate(which is the same amount as Jobseekers Allowance) until appeal decision is made. Not everyone is disallowed though!!! Good luck.

Thanks Ida. I was getting a bit worried. Although I work with paperwork/forms all day, the though of this is tying me in knots. I was in such a mess back then with personal problems as well as money problems that I can't remember now what went on. I lost two stone in weight in just over a month due to stress, and it is all coming back to haunt me all over again. My fault for burying my head in the sand I suppose. I am so grateful for all the help you have all given me here though. I really appreciate it. On re-reading the writ yesterday, I realised that as well as being statute barred the debt is almost double what my credit limit was at the time. I don't know where they found an extra £7000 in the three months since I think I last paid. I am not sure if they have lumped two cards together, but even so it wouldn't have been that much, even including interest.Writ only refers to one agreement, and default notice apparently was issued with this figure. Would it be worth asking for the CCA and SAR anyway, just to see what they come up with? Or am I just giving myself more grief?

I posted recently regarding a writ received from Capquest on behalf of HBOS. Debt appeared to be statute barred so I sent statute barred letter two weeks ago by recorded delivery to both Yuill and Kyle and to Capquest. (Last action on A/c was August 2004.) To date no reply, so I had to return form to Dunfermline Sheriff Court last Thursday to state that I intended to defend the action, along with payment of £80.00. I was referred to an earlier post by Oli, in which I saw thatCapquest replied to him within a week to say they wouldn't be taking any further action. This hasn't happened in my case. I have sent for CCA and SAR, but defence has to be submitted by 12th August. How much information do I need to supply at this stage? Does the fact that documentation shows that relevant date of last contact would make the debt statute barred and therefore unenforceable in court make any difference? I desperately need some help to get something sorted out as I am due to go away for a few days next week

Thanks for your help 42man. I have sent statute barred letter to Capquest and to Yuill and Kyle, requesting confirmation by return of post that no further action would be taken, nothing back and expiry of notice for court purposes is 29th July, two days away. If I have to submit form to court to state that I intend to defend it will cost £80.00. If they then choose not to pursue, what happens to this money? If nothing received tomorrow I will have to submit forms but am reluctant to be out of pocket. Should I send for CCA and SAR at same time? Just in case?

Can anyone give me some advice? I have received a letter from Yuill and Kyle representing Capquest for what I believe may be a statute barred debt. Capquest bought the debt from HBOS. Court papers state default notice was issued in November 2004. I believe that the amount stated is for two seperate cards I had back then, but debt has been lumped together. If I am being completely honest, my life was such a mess around that time that I cannot remember what was owed, but I know my credit limit on one card was never that much, even with them adding interest over they years. I have checked credit reference company, default showing, and last payment in August 2004. I have never acknowledged this debt since Capquest bought it in 2007, mainly because I didn't think I had a debt that size. The form also states that they will provide a copy aagreement/default notice in the event of the action being defended. Should I send statute barred letter, and if so to whom? Should I send copy to court? should I complete form 7 (expiry of notice is 29/7/10) Should I ask for copy agreement( or agreements)? Also - the summons was handed to my daughter at the door by sheriffs officer - not in envelope, so the information was disclosed to a third party. Are they able to do this? Surely they should have had the decency to put it in a sealed envelope. Obviously my family were totally unaware of this debt up until now. I admit I had my head in the sand, but was always aware of, and ashamed of the mess I had gotten myself into back then, but them advertising the fact to my family was mortifying and could have put me in a very awkward position. I could really do with some advice. Thanks.

Can anyone please help me? I live in Scotland. Arrived home last night to a notice from Post Office stating citation waiting for signature but expiry date was yesterday, and letter from Capquest threatening court action and advising that summons had been issued - assume that is what was at post office. . Today a sheriff officer arrived at my door whilst I was out and made my daughter sign for a FORM 3 - form of notice to be served on defender in ordinary action where time to pay direction may be applied for. (Not in an envelope I hasten to add) for a debt I believe is statute barred. I checked credit records and default to BOS was in November 2004. I have until 29/07/2010 to return form to the court. The form also states that efault notice was issued in November 2004. At no time since 2004 have I acknowledged this debt. I am furious!!! Not only are they trying to pursue a debt I believe is statute barred, but they have issued details of the debt to someone without my agreement. Is there anything I can do????