Thanks. She doesn't remember ever receiving anything in relation to this debt whilst they were taking money out (and neither do I) so I think a SAR should be the next step.

We've been getting letters from Debt Managers (Services) Ltd. This relates to an old debt my wife had with Capital One which currently stands at £1691.05. She had been paying just £5 per month via direct debit but cancelled it in May because she thought it had been paid off. She'd received no statement from Capquest so had no idea where she stood with the debt. I don't think she realised just how big her credit card debt had been. I know that the debt itself is more than 6 years old now but as she had been paying it off I'm not sure where the law stands on it.

I don't have a mortgage. I don't have any credit cards. Hell, I don't even have a personal bank account these days. ;-)

Don't think so. Been a few years since I've been on here, I think. I wasn't sure if it was statute barred or not so thanks for clearing that up.

Thanks for the quick response. I can't remember if they did remove the charges some time later (I know Barclaycard did - again, this site). I remember getting all my statements from them. As the debt has been passed on to Robinson Way and Buchanan Clark & Wells, would Capital One still have all the records of our accounts with them? Who would I send the SAR to? @dx10uk - Um ... what's a CRA?

A few years ago we got into some debt ptoblems - and yes, I blame the wife. Things have improved since then, and thanks to this site managed to get a £2,500 Littlewoods debt wiped out some time ago. There are still a few credit card debts following us around. At the moment we have two from Capital One. One is my wife's old card and the other is mine. The reason we got into problems was because of the charges they were levying at the time. If you were just a day late, they'd charge £20 late payment fee and if that pushed you over the limit, they'd add another £20 on top of that! So it got to the point where we couldn't get the balance below the limit, so the charges kept mounting up. It was a little like being in the grip of a loan shark. We had similar issues with Barclaycard but that's a matter for another thread. I was wondering if there was anything I could do about these two Capital One debts. They total just a smidge over £1000. They are years old. My guess would be about 6-7.

I came across this thread by accident. I've encountered the same problems as the OP described 4 years ago. I've long suspected that SLC were deliberately losing deferment forms. I could virtually guarantee that each year at least one deferment form will go 'missing in the post'. One year, three went walkabout, landing me with arrears. So this year I decided to take my time. Should have sent it back at the start of the year. Of course my arrears will go up but they'll only get what I can afford anyway. Think I might return it this week.

What are the chances of getting a blue badge on lower rate mobility? My wife's on mid-rate care and low-rate mobility at the moment, although having delved deeper into the legislation it looks as though she may qualify for higher rate in both. Unfortunately her DLA doesn't expire until next year and I'm wondering whether to go ahead and make a fresh application now. I had written a full explanation of her condition but damned computer timed out and I lost it. Typical. The basic problem is that because of potential mobility problems caused by her non-epileptic seizures, as well as her potential risk to others (and indeed her risk from others), we need to be able to park our car wherever we can do so safely in case of emergency. We moved into the centre of a small town back in March and since then we've had two parking tickets for parking outside our own house. There are parking bays all along the street with restricted parking for visitors. I am not aware of any residential parking permits for this street. There is a free car park some yards away but that's usually full during the day. There's another pay and display car park at the far end of the street which is usually empty. Quite honestly, the parking arrangements in this street (which has probably no more than 6 shops - mostly it's pubs, a couple of banks and takeaways) is cock-eyed. We paid the last fine because we couldn't be bothered doing anything about it. They've no chance of getting this one paid. So I suppose they have a choice. Give us a Blue Badge despite my wife being on low-rate mobility or find us an alternative accommodation (we are on the council list) as this house is therefore unsuitable.

Thanks.

I've been having a ding-dong battle with Robinson Way for some time over a Cap One account. We moved house in August and thought we'd seen the last of them. Soon after we moved they contacted us by mobile and I told them in no uncertain terms that they would not be getting our new phone number or address. They'd upset me off some time earlier so I'm in no mood to deal with them. However, they continued to try getting through on the mobile. Recently, however, they tracked down our new address and so we're back to square one. I can't remember if I've ever tried to get a CCA off them. Where is the template on this site so I can issue a request for one? Thanks.

Can someone please direct me to an online copy of the full judgement? I'd like to read it for myself. One of the things I learned from studying law was always ignore what's being said in other publications (I've come across errors in major legal publications) and especially what people, including lawyers (who tend to base their 'advice' on these errors), tell you. There's been so much misinformation and confused/confusing information given out about this case that it might be worth me reading it myself before deciding what to do next.

It wasn't totally unexpected, if you have any grasp of this country's legal system. Note ... I said legal system, not the law. One of the common denominators when it comes to any litigation, whether it be criminal or civil, is the 'flood gates' argument that always seems to be at the back of a judge's mind. It filters its way through the system down to the Magistrates' Clerks and 'legal advisors' in civil courthouses. If there's any risk that the court system will be inundated with cases then the judges will find often inventive ways of preventing it from happening. That's precisely what's happened here and I, for one, expected it for that single reason. Of course, the arrogant and the just plain stupid have already come out in force since the ruling. For instance, the words of the Banks' mouthpiece: Angela Knight, from the BBA, was asked whether they would continue to make unauthorised overdraft charges. "The banks are mindful of their customers, they know the concerns of those who have paid the unauthorised overdraft fees and those who have not," she said. "Individuals can avoid any charge by putting their overdraft arrangements in place first." Really? Perhaps she'd like to explain that to my wife. She's been with Natwest now for about 5 - 6 years and is STILL on their basic STEP account despite requests to be upgraded and she's actually looking after that account fairly well. We've also been experiencing quite a few problems with that account where the way the banking system works (which is never explained to customers) has caused us big problems in the last few weeks. Until a couple of weeks ago we had no idea, for instance, that when a payment is made via debit card the money isn't automatically paid to the business requesting payment. It's held upon authorisation by the bank for up to 48 hours (it disappears from your account during that time and shows on your statement as a withdrawal) and is only paid to the business upon a further request for the money. If the request isn't made in time, it magically reappears back in your bank account. However, instead of your online banking statement showing that the money's been repaid into your account by the bank and the reason for it, the original entry wrongly showing that the money's been paid out disappears. If the business then makes the request the money's taken back out of your account and paid to them. It's a complete mess!! Great way of helping people think they've got more money in their bank accounts than they have ... and a great way of making sure you get more cash in 'unauthorised overdraft fees'. I've been in dispute with Natwest for 2 years. I say they owe me more than £700 in charges, they say I owe them more than £400 in charges. Since my last communication with them, however, we've moved house so I'll leave it at that.

It's going to take some doing with some of the others, though. Natwest are being particularly uncooperative at the minute. They've confirmed with Experian that I apparently owe then more than £400 (of course ignoring the fact that they owe me close to £700) and that it's all charges. Experian won't take the default off without Natwest's consent.

Just had my first result. As mentioned in one of my previous posts I had asked Littlewoods/Great Universal for copies of my credit agreement. They only supplied generic agreements. I wasn't sure what to do about it since, although the Littlewoods account was mine, I had never had a Great Universal account. Anyway, just checked my Experian report again and both defaults on these accounts have been taken off. Now, I've just got another four defaults and a CCJ to try and do something about.

A few weeks ago I notified Mercers that I was placing my Barclaycard account in dispute while I waited for copies of my card statements. I informed them that any further calls on the matter would constitute harassment until the matter was resolved. I received a letter from Barclaycard obviously disputing that Mercers' calls constituted harassment and received a leaflet about the OFT. The calls have continued but I have refused to answer them. I finally received my statements a couple of days ago. My credit limit on the card was £600. The amount Mercers are asking to be repaid is close to £1100. When I went through the statements, I discovered that there was £760 in charges ... plus whatever additional interest was placed on the account because of them. There were several occasions when they did the same as Capital One and applied £40 in charges per month! What's the next step in dealing with Barclaycard? As far as I'm concerned I owe them nothing more.

Thanks. Luckily I am an incessant reader.

I have a CCJ I want removed. Despite it being filed over two years ago, nobody has ever chased me up for any money. I only came across it when I opened a creditexpert account with Experian. I suspect I know who made the claim but they haven't chased me up for the debt since 2006. I also don't recall ever receiving a summons for it, which I understand could be a reason for having the CCJ set aside. My problem is filling in the court form. Has anyone here ever made such an application to the court for having a CCJ set aside? If so, I would appreciate some assistance with the form.

Yes, the 'in dispute' template you kindly provided. My gut feeling on the provisions of the CCA that we're working with is that it's intended, in part at least, to force creditors to prove that the account belongs to the person disputing the account and to prevent the situation I have with the Great Universal account (i.e. not mine). Therefore notwithstanding that it isn't my account, my feeling is that the 'in dispute' letter should be used for that as well as the Littlewoods account. Am I right? Or wrong as usual?

Looking at what I received from Littlewoods, it's the actual terms and conditions under which the account was opened. You can't open an account unless you have been given the full terms and conditions ... it would be like buying a car on HP blindfolded ... you could be buying a wreck but not know. The document you've got only has your application details. You need the terms as well.

I'm getting around to writing the letters to Littlewoods/Great Universal. Unfortunately I'm in two minds as to how to approach it. Should I send a copy of the template letter to each, or send the template to Littlewoods and inform them of their error in the letter to Great Universal? As they're both the same company with the same accounts department, what might happen if it goes to court, notwithstanding the fact that they can't supply the relevant CCAs? Would it seem like I'm agreeing that I had an account with Littlewoods but not with Great Universal and, as such, I am liable to pay the amount claimed by Littlewoods? It's a tricky one.

The address I used was: Credit Account Management PO Box 650 Weybridge KT13 3EN I took this from my creditexpert report. The address on the letter I received from Littlewoods was: Littlewoods Innovation House Park Lane Liverpool L71 1LR

A few weeks ago my partner received a letter from HFO demanding payment of a Three account. They were also phoning and, to be honest, they are some of the worst people we've ever dealt with - real low lifes (sorry Moorcroft, found someone even worse than you). I sent them an email asking for a CCA since she was disputing the whole thing - she was convinced that she'd paid it. She had a letter from Wescot proving that she had paid up a Three account. When we looked further into it, it seems that she had another Three account that she forgot about. Anyway, we tried to find out who might hold the CCA and it turns out to be a company called Celltalk ... who appear to have gone bust some time ago. At the same time as requesting the CCA we made it clear that we would not accept phone calls and any more would constitute harassment. We received an email back assuring us that there would be no more. However, they have persisted to phone her at home and on her mobile. What can we do about these idiots? Has anyone here actually taken a debt company to court for harassment?

The Great Universal account isn't mine. Never had a Great Universal account. The Littlewoods account is 8 years old. Not sure if I opened it online or not. I suspect I might have.

I've got two mail order accounts on my credit file. I wrote requesting a CCA for both. What prompted it was the fact that one of the accounts, with Great Universal, isn't mine. There is a very similar address in the area and I've already had one Fraud entry corrected by Experian as it belonged to the other address. Their debt collectors were informed of this some time ago and they stopped chasing me for it. However, the entry and defaults on my file continue to be updated for this account. The other one, with Littlewoods, is a much larger account (£2300). However, I've also requested a copy of the CCA for this account. At the time we were using the account we were doing well with it and as a result they kept on increasing the credit limit. Unfortunately my other half also had access to the account and she doesn't have much self control when it comes to shopping. It got to the point where I could see problems ahead and during one phone call with them, I asked them to reduce the credit limit. The woman on the phone refused and practically laughed at me saying "well, just don't spend it." Great advice. They've sent me the credit agreements but they're unsigned and not the originals. They're just generic. Having said that, I have noticed the first entry on the agreement: "Credit Limit - We will periodically fix the credit limit and notify you of it." I never received any notifications to my knowledge. The first we ever knew of any change to the limit was when a statement arrived or when we logged on to my online account. I have never made a payment to the Great Universal account but apparently have made a payment of £13 to the Littlewoods account in the last 12 months. Where do I stand with getting these two accounts wiped out? Thanks.

I was just wondering. Given that Natwest (along with other banks) charge £38 a time for a returned unpaid item, often pushing accounts into an overdraft position, would a valid credit agreement be required before an 'unauthorised overdraft' is enforceable?