Thank you, Kind Sir!

Hi, I have a related question, but it also involves the complication of a guarantee against a business loan. I ran a business that got into financial difficulty in 2008, and in effect ceased trading in the summer of that year. The bank claimed - and I cannot remember - signing a personal guarantee against the businesses' borrowing back in 2004; so I did all the requests of the banks with regards agreements, etc and never got anything significant back. There was a guarantee agreement they sent, but this document was unsigned, and no credit agreement was included. So I refused to pay personally for what I considered a business obligation that they couldn't prove. It's value is just shy of £14K. So, the bank put a default marker on my personal credit file; but in the August of 2010. This is some 2 years after the company ceased it's payments. It is obviously still blighting my credit file as it's the only black mark on an otherwise clean credit file. What are my options? Given the actions that gave rise to the potential call upon my guarantee (the failing business) are over six years old, is it statute barred? My issue, of course, is the two year gap between the business failing, and the bank entering the default upon my personal file. Any advice genuinely appreciated

Hi, I'm hoping someone can help. Please. I'll keep information vague so as to protect myself from any prying eyes - but keep the facts straight. A number of years ago, I had a business which took a loan in 2004 against which I stood as personal guarantor. The company got into difficulties in 2008, and eventually ended getting wound up. The value of the original loan was £30K, and at the time of winding up, approximately one quarter remained outstanding. Barclays began contacting me personally with regards my liability of guarantor in late 2009, so I made a CCA request of them to understand how they could enforce their claims against me. In essence, I was never really in receipt of anything from them. I wrote a number of times to them in ealy 2010, but pretty much everything was ignored. They subsequently defaulted me personally in late 2010, and when I complained about the default, the only information they have been able to give me is an unsigned 'offer of loan' letter to the business, dated back in 2004. It still sits as a defaulted account on my personal Experian report. A number of questions: 1) The last payment was made by the business in 2008; yet the personal default made against me some two years later. When does any liability become statute barred? I, of course, as an individual have never made any payments, nor acknowledged any debt to them. 2) How can they make inputs to my credit report, when no credit agreement exists bewteen them and I as an individual? Any suggestions for how I best proceed? I'd like to get my credit file cleared as soon as practiaclly possible, but don't want to spend excessive funds to achieve this. Thanks in advance of any wisdom coming my way - really, really appreciated

Any chance of any feedback on this one? I am being hassled. What a surprise, eh?

Can I just pick up on that last point, please? I have a situation whereby my overdraft with YB at the point in time they closed the account was in excess of £3,000, but the vast majority of this comprised charges over the previous 6-year term. I tried to claim this value back vii the courts and settle the difference, but after the hearing this now looks a non-option. Meanwhile, the YB and it's solicitors are chasing me hard for the entire £3k+ sum. Can I tell them that a good proportion is still contested and discuss the differential with them; if so, on what basis? Thanks in advance of any wise words

Hi, I will write to them for their complaints procedure. However, what do I do in the interim? The deadline for me paying them my arrears is 20th of this month, otherwise the Default Notice issued last month will be registered. However, it took them over 2 months to respond to my SAR, and in addition to that request a letter I wrote to them 6 weeks ago requesting repayment of PPI installments - which now I have a copy thanks to the belated SAR of the application form, I can tell what not a cited option, nor applicable to my circumstances - accounts for some 60% of the balance they show as outstanding. What are the best options when one geniunely believes the level of indebtedness shown is not representative of the level of debt; but you can't go to the FOS becauise the bank won't write back on a timely basis; let alone issue a Final Response. Just carry on paying, doesn't seem fair

Cheers, thanks. So, I'm guessing the fact they took over 60 day to provide the information (now arrived) does not mean that they placed the account into dispute? Now I have the information, I can see that there's a PPI plan in effect, even though this would have been against my wishes and circumstances at the time of application (2000), and indeed now; that there's no 'opt in' situation on the application, or mention of a phone call with 'an advisor' within the SAR that shows a PPI plan being applied. The PPI sums were from my card which was transferred to a loan in 2005 - quite a common ruse this from Egg as it nullifies any rubbish application forms they were previously holding as contracts. The outstaning balance on the loan is £7,800, but the balance of the PPI sums collected when applied with compound interest at 8% is £4,500. There are also a number of late charges that add to £250 or so. So, looking at the outstanding balance of £7,800, some 60% of the total sum is disputed PPI payments and charges. Given the above, I don't believe the balance showing as outstanding to them is a fair reflection of my level of indebtedness to them. What options do I now have open to me? If I recommence my monthly payments, I do so against a balance I rightfully dispute

Just bumping this one up to see if anyone can help on this final point. Thanks in advance

Thanks for the excellent response - greatly appreciated. So, the above is very clear with regards to CCA requests, but could I cite the above with regards to my SAR; given the CCA should be encompassed as part of the SAR process? Sorry to sound thick, and/or pedantic - just want to be correct on this one. Cheers

Hi, wouldn't the CCA request be wrapped up in the SAR request? Given the SAR request was dated 7th August, I informed them that their response was unacceptable on 23rd August, and wrote to them again 15th September telling them the account was in dispute - well over a month after my SAR request; isn't their default letter on week after the 'dispute' letter wrong, this being dated 22nd October? They have promised me the SAR will be satisfied on 7th October - 2 months after my request

Hi, thanks for the response. Given they haven't responded to my SAR, surely they placed the account into dispute, after which point I'm not obligated to pay them am I? Moreover, they shouldn't issue a default notice with regards to a clearly disputed account? Or am I being daft (highly possible) :-?

I had an Egg Card, which was converted to an Egg Loan some time ago. The bad news is that the loan was taken out about 3 years ago, and thus I've probably signed a new-style, water-tight agreement for that, whereas I probably didn't for my loan. However, I am minded that there was an unwanted PPI plan on my card, and charges too, which will have added to the value of the loan I was encouraged to take out. Accordingly, I believe the top line of the loan value does not represent the true level of my debt to Egg. I sent them a SAR, with my £10 on 7th August, 2008. They responded on 19th August with a list of charges for the Egg Card only - no agreements, statements, additional information. So, I wrote back on the 23rd, telling them their response was entitrely unacceptable and that the SAR was unfulfilled and in dispute, and listing information I still needed. To quote from my letter: 'I am in receipt of your correspondence dated 19th August, 2008; this being a response to my Subject Access Request (SAR) dated 7th August, 2008. However, it disappoints me to report that the response to date is wholly inadequate. The information provided only relates to my Egg Card, I can see no detail whatsoever relating to the Egg Loan. Accordingly, the SAR request is unfulfilled. I now require of you: 1) Copies of all documents (including a True Executed Copy of any Credit Agreements) which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information 2) Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me 3) Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data 4) Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations I would request that any data issued includes a statement of the ‘credit limit’ you assert applied to any credit account that was running at the time, as well as the prevailing interest rate. Credit Card Repayment Protector I am writing in relation to the above payment protection (PPI) policy which I wish to cancel with immediate effect, due to: - I was self-employed when the policy was applied to my account (and remain so to date), and thus I can only conclude I was not asked about this - I could not have been asked whether I already had any existing insurance or employer benefits that would cover my repayments as this was certainly the case Not only to I wish for the cover to be ceased with immediate effect, I also demand repayment of premiums claimed to date; which I have identified within the table provided herewith. Compounded from date of transaction with an 8% interest rate, this sum totals £#########. The FSA’s rules are very clear about what firms and advisers selling PPI should do at the time the insurance is sold; irrespective of whether the sale was ‘advised’ or ‘non-advised’. Most specifically, the adviser should have made me aware of any significant policy exclusions and checked whether any of these exclusions applied to my circumstances. This clearly and evidently did not happen in this case. Other Charges Other charges have been levied against my account for which I request reimbursement; such costs being cited on statements as ‘Unpaid DD Charges’ and ‘Late Charges’. I have listed these charges herewith; which, once compounded with interest as cited above sum £#### (£#### plus £####). Account Précis You are compelled to respond to a SAR within 12 days. The information relating to my Egg Card is sadly lacking, and that requested of my Egg Loan not present in any form. Accordingly, your actions have placed both accounts INTO DISPUTE. I hope you can forward the missing information as soon as is practically possible to remedy this fact. However, in the interim, please respect the disputed status your actions have placed both accounts into. I do not believe the size of the balance on my Egg Card, transferred to my Egg Loan is a true reflection of my indebtedness to you; given it is swollen by the inappropriate PPI plan, plus charges I have been able to identify with the limited information provided to date. I request this situation be addressed immediately. I am happy for this to take place my means of a reduction in the outstanding balances across my two accounts with you. Please be aware that this correspondence represents my ‘initial response’ to the limited information provided to date, and should not be consider as an exhaustive response. Further matters may arise as a function of receiving subsequent correspondence from you. I respectfully request an answer to this correspondence within 7 days; so that the disputed nature of the accounts can come to an end, which – I suggest – will suit both parties.' I heard nothing from them at all, and thus prodded them for response in a letter dated 15th September in which I stated: 'I make reference to my letter dated 23rd August, 2008; which followed on from the unacceptable response to my Subject Access Request dated 7th August, 2008. Within the most recent letter, I respectfully made a request an answer to that correspondence within 7 days; so that the disputed nature of the accounts could be satisfied. I am amazed that to date I have heard nothing at all, but would like it duly noted that I have made every effort to pursue this matter to a prompt conclusion.' The above letter must have prodded them into action as a week later on the 22nd September, they wrote again and said the information would be with me by October 7th. No problems, I'll wait I thought. Then, today, I get a default notice from them dated 23rd September, this being 47 days after my SAR request. This cannot be right, surely?

Sorry, should have been more clear. I requested a copy of my credit agreement back in March. I got no response, and thus wrote to Barclaycard at the end of April, telling them that their actions had placed the account into dispute – letters from here, all greatly appreciated. Without response, I wrote again in mid-May, enforcing the position I’d articulated in my April letter. I wrote again towards the end of May, after I’d received an unsigned application form, and unassociated terms. At this point, of course, I was citing all correspondence as account 'in dispute'. I received two letters from Barclaycard during June, both of which were standard letters, containing usual rubbish; one of which was entitled ‘final response’. The account was then placed into the hands of Mercers, whom I wrote to in mid-July immediately after hearing from them. Since, I’ve written 7 letters to Mercers – none of which have drawn a response. Below is an exert from a letter I sent mid-July after receiving yet another of their standard letters, or postcards: 'For the purposes of absolute clarity: please note that I am only prepared to communicate with you in writing. Moreover, should it be your intention to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.' Nevertheless, I heard from Power2Contact in early September, telling me that Mercers couldn’t contact me!?! I wrote back and drew their attention to the unanswered letters, and copied Mercers on this correspondence too. I also included the quotation above. I have since written to Barclaycard and Mercers again; the a Mercers letter threatened a home visit within 48 hours within a letter posted second class that took 3 days to get here!! Next thing, someone from Power2Contact is at my door. Now, I got rid of him easily enough, but I had people here and it was embarrassing. I have since reported all parties to the FOS, but from previous experience, then can be slow and toothless. Are there any other avenues I can explore? They have ignored every letter to date, and carry on Tonka Toy-style doing whatever they wish. Cheers, and sorry for babbling on!!

Hi, my Barclaycard has been in dispute for 3 months or so after the normal Application Form situation arose. I have told Barclaycard I'm prepared to recommence payments on my card once they subtract from the balance a number of PPI payments, plus charges. I will pay irrespective of the absence of an executed agreement. Anyway, they refused and passed the account onto Mercers; to whom I ahve written 5 times. As they incessently threaten 'doorstep collection' within 3 letters I have included the wording: ' For the purposes of absolute clarity: please note that I am only prepared to communicate with you in writing. Moreover, should it be your intention to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Should it be necessary, I will obtain an injunction.' Mercers involved an organisation called power2contact, who I also wrote to and advised the account was in dispute, my letters were being unanswered and advising the extract above. Imagine my surprise today when someone from power2contact came knocking at my door. I told him to leave as he was trespassing, but what options do I have given the above?

I am sending a copy of my passport to MNBA tomorrow as part of an SAR. The signature is tiny; however, better safe than sorry, is it best to blank it with a marker? Or would this only give them another excuse to delay?

I think we need comment and wisdom from 'the clever ones' on this one! Certainly a number of potentially interesting angles

That statement was a quote from belovedm8's letter, not mine. I wish I'd been sent something so daft in print!

This is what I got from them: 'Section 11a of our terms and conditions states, 'we may decide to change any of the terms of this agreement, including interest rates, fees and charges, or introduce new terms. If the change benefits you, we will do this immediately and tell you about it within 30 days. Otherwise, we will tell you at least 14 days before any increase in interest rates and at least 30 days before any other change'. Details of our cost structure are confidential to our business and we do not disclose them. We do, however, make it clear in our agreements what our policies are concerning making changes to the agreement; you have agreed to these terms when opening the account. I confirm we sent a letter to you in ###### to inform you that with effect from ###### we would be revising your standard rate to 29.9% APR (variable). A further letter was sent in ###### to inform you that with effect from ###### we would be revising your standard interest rate to 34.9% APR (variable). I have enclosed copies of these letters for your information. I regret I am unable to reduce the interest rate, as this is currently the most competitive rate that we are able to apply to your account.' Any ideas where I can go? I've already got them on the agreement itself, which is manifestly an application form, and the terms and conditions, which are, of course, unconnected in any way with the application. Any angles on the APR thing? The more of a pain in the #### the better!!

I love this thread. I've a long-standing issue with Barclaycard and Mercers that's a carbon-copy of this. I can't get Mercers to commit anything in writing, and they're yet to reply to 4 letters dating back to July of this year. Unlike many on here, I answer the phone every time they call, and ask them where my replies are. They hate having demands thrown at them as soon as I answer the phone. Today, I heard from a bunch called 'Power2Contact', who's letter boasts they have been contracted by Mercers to find me as they are 'a specialist customer contact company with many years experience in contacting hard to locate parties, to act on its behalf in relation to accounts such as yours where it has lost contact with cardholders’. !?!? Given their boast, I wrote back asking them if they could use their powers to find the elusive creature of someone at Mercers who'll actually write back to me. I don't expect a response. I also took the opportunity to skin them alive with all the tricks I've learned on here. Subscribing for the next installment.

Hi, bit of an unusual one here - for me anyway. I had three business accounts with Barclays, which had a 'group' overdraft facility. I then set up another business, which was unconnected with the group facility above, with a different shareholding, etc. albeit run out of the same offices Over time, our Barclays Relationship Manager would move money from the new account into the 'group facility' when there was an excess showing on the group facility. Such movement of funds were without permission. Would I be correct in assuming that such transactions are unlawful, and the money should be given back? Second point, if this were the case and a refund was appropirate; could I insist the money be paid into a third party account (I have an account with NatWest) rather than back into a Barclay's account? Any wise words gratefully received. Cheers

Watching and subscribing here with interest. My situation with MBNA is as per many. I have a circa. £11.5K balance, of which some £5K is a PPI plan. I am currently working through charges; be them late payment or over-limit charges, but I think these will add to some £2K. I have S.A.R - (Subject Access Request)'d them, some months ago and they came back with a laughable application form. Which interestingly - back in 1999 - selected a clear NO for PPI as I was, and remain self-employed. I wrote back to them and told them this wasn't a true agreement, and mainfestly an application form and telling them what else I needed. I am waiting to hear back from them now. However, MBNA appear to be 'players', and they appear to use three weapons - at least with regards to my account. Firstly, the PPI joker, then systematically reducing the credit limit, whilist at the same time escalating the APR. What I can see on my account is the credit limit being reduced; the PPI plan which I didn't want taking the account over the new credit limit, at which point and additional charge is levied for exceeding the account limit. Then what I can afford to pay doesn't scratch the surface, the account remains over it's new - even lower limit - and thus the the 'over-limit' charge is applied, plus an even greater PPI slice as this is a function of the balance. It's a vicious circle which prevents people from getting out of debt. Clearly. Their last (2nd stab) at satisfying my SAR still wasn't good enough; so I'm writing again to ask them to advise what APR and credit limit prevailed at any point in my account's life. By getting them to provide the above, I hope to demonstrate clearly the trend above. What's the thoughts of the clever fo9lk on here with regards to the above and proving the following?? Clause 19: Unfair relationships between creditors and debtors 46. Clause 19 inserts a new section 140A after section 140 of the 1974 Act. Section 140A(1) enables a court to make an order under the new section 140B, inserted into the 1974 Act by clause 20 (see below) if it finds that the relationship between the creditor and the debtor arising out of a credit agreement, or that agreement taken with any related agreement, is unfair to the debtor. A relationship may be unfair to the debtor because of one or more of the following: any of the terms of the agreement or the related agreement; the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement; any other thing done (or not done) by, or on behalf of, the creditor (whether occurring before or after the making of the agreement or any related agreement). 47. The court may take into account all matters it thinks relevant (including matters relevant to the debtor and to the creditor) in determining whether a relationship is unfair. This may include anything done or not done on behalf of or in relation to the creditor's associates or former associates (as defined by section 184 of the 1974 Act). 48. Section 140A does not apply to agreements that are exempt under section 16(6C) of the 1974 Act. Section 16(6C) exempts consumer credit agreements secured on land that are regulated by FSA under FSMA. Clause 20: Powers of the court in relation to unfair relationships 49. Clause 20 inserts a new section 140B after the new section 140A (inserted into the 1974 Act by clause 19). Section 140B sets out the types of orders that a court may make in relation to any determination that a relationship between a creditor and a debtor is unfair. I am thinking that a compound of the PPI plan, plus late payment fees and over-limit fees, plus the profiteering on APR must be worth over £10K of what I currently owe. Given they've only got an application form to try and enforce their £1.5K balance; maybe they'll settle for a small sum. However, I'm happy to go to court to prove some, or all of the above. Thoughts please

Any progress on this one? I noted it with interest, but am worried that the situation relating to reclaiming 'unfair charges' from business accounts was now all but impossible. See link: My business bank charges reclaim hell | This is Money

I had a loan for a car with Lombard North Central plc. It's a personal loan, not linked to the car 'per se', so that can't be seized. Got to the end of the loan, but stuttered to do so. Anyway, at the end there was a £10K 'balloon'. I offered to pay the balloon with 4 cheques. The first cashed okay, but the second two bounced. Now Lombards have sent the remaining cheque back, along with the two which bounced and served me with a 'Notice of Enforcement'. It states: 'We intend to enforce our rights under your agreement because of your failure to pay arrears about which we have already written to you. The unpaid balance due under your agreement are as at the last payment date is shown above. Interest continues to be charged in accordance with the terms of your agreement. If the unpaid balance and interest are not paid at once, we will take proceedings against you without further notice, for the recovery of all monies due to us under your agreement .' Last week, I sent an S.A.R - (Subject Access Request) to see an original copy of the agreement, charges, if there's a PPI plan, etc. But what are their / my options in the interim? Any other thoughts or comments. Everything is gratefully received. Thanks

Cheers and thanks. Any ideas as to what I should send to 'the solicitors' as I am going through this process?

Can you guys have a look at the following letters please? They run as follows (and I hope the links work): 1) A copy of my original agreement with Amex; which I see only as an Application Form, not an executed agreement 2) A copy of a letter from Amex which I received when I wrote to them to tell them I did not think it was an executed agreement 3) A letter from Newmans DCA (acting on behalf of Amex), towing the same party line 4) A letter from Goldergers Solicitors (in turn now working on behalf of Newmans), the contents of which are self-explanatory. Now, what the hell do I do??!!?? Again, all assistance is greatly , greatly appreciated. Thanks. Now, the links: