Thanks for your replies, its greatly appreciated, I will look at these now as I have not been able to get on the net the last couple of days

Hi, I was just wondering if anyone can point me in the right direction for help with overdrafts. I am being chased for an overdraft that existed on an old account I added my name too.... I did agree I was jointly liable etc... Someone metioned to me that they are different to loans etc, is there any way of defending this or getting them to back off as solicitors are chasing me on behald of LLoyds TSB threatening iminent court action. Any help or advice in this matter would be greatly appreciated. Thanks. Vixta.

Thanks for the reply He is not disputing the arrears, he says he will always pay for his son, he sends money at birthdays and xmas all of which never goes through the csa. He is also unsure the child actually receives it, but he still sends it. However, the dad, has private medical care to pay for each month for his injuries as he cannot hold a job down if he has to take the time off for the NHS. This money is suppossed to be paying for this and is unable to fully pay for the treatment because CSA taking some of it. As this is not taxable for this reason, and would never be allowed to be touched by anyone else, can the CSA really take this money into account as they did initially tell him it was taxable income they needed to know about that is why he did not tell them initially. I hope this give you more background. Vixta

Hi, Sorry if there is a thread similar to this, and if anyone can provide me a link to this I would be much appreciated, if not does anyone know for sure the answer to this question? Are CSA allowed to take into account a tax free medical pension into account when calculating the payments to be made? He is not disputing paying for his child as he is working again now and pays for him but they are saying that he owes money for the 6 months he was only receiving a tax free medical pension, they were receiving money from his ESA benefit. Now they are taking both amounts of money into account. Thanks for any help anyone can provide. Vixta

My bank issued a DN which also served to terminate in the event of none payment. It was not paid. 10 months later they sent a 2nd DN and since it was not paid, they terminated the agreement. Both DN are specific, if payment is not received " the bank hereby terminates the agreement as of the above date and demands immediate repayment of the outstanding balance". The measures put in place to terminate and inform the CRA are linked specifically to the 2nd DN. So is the 2nd DN invaled by virtue of the termination stated on the 1st DN? Could anyone provide me with any facts or opinions on this matter please. All comments are greatly appreciated. Vixta

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Hi, thanks for your reply. This is what happened from start to finish. At all times we were in contact with the creditor earlier this year we reported them to the FOS that the creditor was demanding payment in full having terminated this agreement and passed the account onto a third party debt collector. The FOS was instrumental in obtaining a small sum for me in compensation for what the creditor said was confussion between this account and my mums. My agreement however was terminated because of my suspended payments which I believed I was entitled to do while the Creditor was in default of the section 77(1) request for a copy of my agreement. If they are legally entitled to ignore the section 77(1) request and at the same time demand that we continue with the repayments and terminate the agreement when we suspend payments, then we will have no defence. May I say that the creditor also continued to add extra interest to the outstanding balance while in default of the section 77(1) request, but this interest was not included on the figure stated to remedy the breach on the default notice. The s77(1) request was made early September 08, the agreement was terminated at the end of November 09. The creditor complied with my section 77(1) request in the middle of August 10. It is obvious to me that in September 08 the creditor could not comply as they did not not and do not have a signed copy of my agreement. The high court in a judgement in December 09 clarified certain matters one of which was to allow a reconstituted agreement without signatures and this is what the creditor has provided in order to comply with the section 77(1) request. However, the agreement was terminated was terminated before the high court gave its judgement and before the creditor complied with the section 77(1) request. Is this allowed? Any suggestions? Thanks Vixta.

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Is it lawful for a creditor to terminate an agreement while in default of a section 77(1) request. Payments were suspended when the creditor did not comply within the 12 working days. They have now complied some 2 years after the request was made however my agreement was terminated during the period of none compliance followed by a demand for the total balance outstanding. Anyone who can help with this it would be greatly appreciated. Vixta

Thanks I will do that. Vixta

We have been issued a DN which states that we should pay the sum stated "within" 14 days of service of this notice. Can anyone advise whether this allows 14 days or only 13 days. I understand that the 14 days should start the day after service but this DN seems to be saying the 14 days starts on the day of service. Anyone got an opinion? Thanks Vixta.

OK thank you for your replies. I think you are right maybe if we are in a better position soon we will look more into it. Its just so annoying because if they had only given us that extra day the Default would have been remedied. Its as if these companies want to Terminate the contract. Vixta

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Hi Summerbreeze, They got someone to come and collect it. A bailiff type person, we have a receipt for the car. We never signed anything or surrendered the vehicle, we gave them the log book because they told us we had to, does that make sense? Vixta