Right, got into Noddle, only been trying three months The details for my BC account only go up to December 2012 and that is the first (and ONLY) month marked as arrears.

Oh, you mean the default? I don't know, I'll get an updated Experian file. Noddle doesn't work for me so I'll have to pay.

I only stopped normal payments in November 2012 so it's not statute barred. I'm assuming this account is the old Egg account but it could be the ancient Student card I got in 1997 when I was literally asked at the Fresher's Fayre if I had a credit card and if not, fill in this form and get a free something-or-other. I admit that back then I was so green I barely knew what a credit card was, LOL. I'm expecting a Mercers letter for the bigger other account tomorrow! I've just checked my Equifax report from 18 Dec 2012 and it shows a Barclaycard account for the same amount as up to date BUT, the account number isn't the one that's on my card. Mind you, that's the same for the other card so maybe it's 'old' numbers. I've never CCA'd debts for fear of it starting trouble but I might have to now! ed: Definitely for the old Egg account as it was started in 2007.

Thanks Andy, I've read that and I think I understand. What confuses me though it that I've been paying my token payment as agreed with Barclaycard then suddenly this Mercers letter appears demanding money. My letter from BC told me to ignore statements and continue paying the £1 - it was only sent on 14th January!. It says "A default may be registered against you if payments are not made as agreed." Well, I'm making payments as agreed, I have proof, I have acknowledgement. I have illnesses that deteriorate quickly and severely in times of stress such as this but unfortunately take a long time to recover, if at all. I am already under the local Psychiatric Team and on suicide/self harm watch (I have a history of self harm / suicidal thoughts). BC are aware of this and I thought they were supposed to show compassion in such cases! The link you posted to suggests it's not normal to make a Time Order for an unsecured debt. It says you can get one after an Arrears Notice - is that the same as a Default Notice? The interest is frozen and previously they had accepted my £1 payment, I am so confused. I'm going to end up in hospital or the loony bin at this rate. Cheers, Daniel

I have just checked the back of the Mercer's letter/notice and it states: "If you have difficulty in paying any sum owing under the agreement or thaking any other action required by this notice, you can apply to the court which may make an order allowing you or any surety more time". Now the Notice is asking for £250 to be paid by 2nd March and this is simply impossible. I have a written 'non-formal' agreement with Barclaycard that I only have to pay £1.00 per month on each account which will freeze interest et.c. I don't really have to take Mercers to court to allow me to continue with token payments do I?

Thanks for the answers so far, very enlightening. My current situation is that I had a well paid job in a good sector, I had ensured I had Permanent Health Insurance to cover me should anything go wrong. It went wrong. I was in a car crash and damaged my spine at neck and lower back levels leaving me in pain and with various nerve damage. I then relapsed with ME/CFS. To add insult to injury I developed mental health problems and fibromyalgia. Then the company decided to rationalise on costs and of course the cripple was at the top of the list (despite being the highest qualified and working more hours than anyone else). I am now on ESA (WRAG) with some Support for Mortgage Interest. The insurance refused to pay out as they think I'm making it up, even though my MRI scans show that I now have the neck of a 90 year old et.c. I'm taking this to the FOS. So I tried to pay my contractual payments for over a year until last November when it became impossible and I'd spent all my savings and those of my parents. I now am paying token payments to my creditors of £1 per month even though I can't afford this but it is something I know I can borrow if needed. Barclaycard have passed my £3800 ex-Egg debt onto Mercers (who are part of Barclays) who are now starting to get tough, Barclaycard themselves were helpful! I also have another Barclaycard from Uni in 1997 (£5680) and an overdraft with Barclays of £3600. I have other unsecured debts that mount to £24,400 with the Barclays/Barclaycard debts included. As I say, this was affordable in my line of work and I had (supposedly) put a safety net in place. The likelihood is that I won't work again so know the time will come when they issue court proceedings and most likely gain a CCJ. I have zero disposable income as at the moment my incomings are not covering my priority debts as I'm appealing being rejected for DLA and ESA (SG). Even if I win both those cases I will still have no extra money. I am scared I will lose my house because of this if they can just walk into court and say "he owes X and the house should be sold to pay for it". I have about £50K equity but I obviously can't remortgage and I'm stuck with NRAM. I would never default on a CCJ if one was issued provided it was reasonable installments, even if I had to sell my body! I'm starting to get confused where to go to next! Daniel

I feel a bit stupid for asking this but I have severe cognitive issues at the moment and no matter how much I've read it's not sinking in. If a creditor takes me to court for an unsecured debt and a CCJ is issued for an amount I can afford in installments (eg £5 pcm), can they do anything if I DO comply with the CCJ? Can they, at the first court hearing just demand a charging order or bankruptcy order rather than payback in installments? It seems too easy if I was issued with an affordable CCJ and stick to it that they can't do anything. It would take centuries to get all monies owed! Thanks, Daniel (dazed and confused).

From what I understand they haven't contacted everyone yet, especially those who have closed loans. I would write to them if you're under the £25k though as this should have already been dealt with.

I certainly will do. I've got 'beef' with NRAM now and I won't let it lie!

Just been looking into this more closely. Under the CCA 74 and the later amendments ANY variation in a credit agreement nullifies the earlier agreement and creates a new one, which falls under the relevant law AT THE TIME. Therefore, anyone with a loan over £25k who either borrowed more, changed reate (eg onto SVR) or took out a payment holiday AFTER the 2006 regulations came into place in 2008 IS REGULATED UNDER THE LATEST CCA VERSION. That's what the OFT says anyway. It might take a test case but it looks pretty clean cut to me as a non-legal (but with expertise in other areas of law). Only applies to unsecured loans however. I have links but I'm not allowed to post them yet!

Can you get a letter from either her GP or Mental Health Practitioner to say that if she is found to be capable of Work Related Activities then that would pose a significant risk of serious harm to herself or others. Detail any episodes or risk of violence, self harm, suicide, thoughts or suicide et.c. It may not help at the early stages but if it's on her file when it goes to tribunal they will be very interested to know why she was not in the Support Group.

Ah, obviously I'm glad you're getting the refunds but the main problem is those of us with over £25k loans who were told it was CCA approved but isn't. Myself, I borrowed £12.5k BUT on the loan application they put "up to £30k" which screwed me over. I genuinely don't know how much I borrowed as they moved so much finances around during the house purchase I lost track!

Pecky1, allthebestintentions and ceiralennon - Were your loans for £25k or over?

Interesting that the NRAM website emphasises that it's only for customers whose maximum borrowing agreement was for £25k and thus regulated by CCA 1974. My loan on the Together Mortgage states it was for 'up to' £30k but still regulated under CCA 1974 (this was from 02 June 2005). I have no idea how much was actually borrowed as they did a load of financial trickery that I didn't, and still don't, understand, like retaining amounts against certain improvements and also not actually giving me the full amount of the secured mortgage! Wonder if I get a letter....