Hi Parkwood, So sorry you have not had any response till now. I think this thread would be better off in the legal issues forum, so I've asked the site team to move it for you. Sorry but we'll need a little more info in order to help. Does this overdraft still show on your credit file? Obviously it's really important to find out the exact date this account was defaulted (which is earlier than when it appears on the credit file - that's just a rough guide and can be marked much later). Can you find any paperwork from that period..eg statements, a default notice or a demand for full payment? In order to get the full details you'll need to send a Subject Access Request to Halifax ASAP. If you look at my blog, linked below in my signature, it explains how to do this, and links you to a template letter. Hopefully if you can establish that it was Statute (not "statue" - just for reference) Barred before the claim was issued then I believe you can apply for the judgement to be set aside, using form N244. Once you're on the legal forum others should be along to help further kind regards, Elsa x

Hi Orange, What a nightmare for you! How much (roughly) is the demand for? With regard to Council Tax debts,I looked into this a while ago, and as far as I am aware once a liability order has been issued they never, technically, become Statute Barred. If they haven't issued a liability order by the expiration of 6 years then they cannot usually issue one. Presumably they would have to provide evidence that one was actually issued. Have you changed your home address since 1999? If you've been contactable since then their late pursuance does seem very vexatious. Re the Student...if you know the college/uni they attended, they should have records of a forwarding address. They may or may not be willing to provide it to you, but might be an idea to enquire in writing, giving the reason, then copy their response to the council, who would have the power to request the info if it was declined to you. Hope this helps a little, Elsa x

That's you in the brig, Brig! Exactly, CitizenB- a most appropriate stance which I think most judges would take. Is it the Foot Shooting season?

Interesting development, Newman. I'm quite honoured at being included, even if it is only in my role as "Succinct Monitor" . However, this does have a sinister side. The OFT have already slammed debt collection firms for using Social Media such as Facebook and Twitter. How would they view the practice of snooping on Consumer Help forums in order to gain an unfair advantage in court against those who have sought help in the only way they can afford. In view of the recent censure of 1st Credit by the OFT, I would have thought that caution in the way they deal with alleged debtors would be prudent. One wonders whether there are also Data Protection issues involved here, by virtue of the fact that they will be revealing your identity on this forum - where you clearly expect and have a right to anonymity - to the court. This is surely skirting very close to the issue of phone and email hacking and I hope that the honourable judge sees the bigger picture here and severely censures this inappropriate, intrusive and unfair breach of defendant privacy. Elsa x

Hi Angryape, Sorry for delayed response, you could really do with more help than me on here. (If you get stuck hit the !triangle and ask the site team for help) Might be an idea to pm Andyorch for help too. What did you ask for in the N244 and what was the time limit?

Hi Suggs, I'm tied up at the moment....I've put out an SOS to some good people who should hopefully be able to help you. Have you spotted any discrepancies in that recon agreement yet? Elsa x

Hi Angryape, To be certain, you need to check the communications log in your SAR. Does it note if/when a Default Notice was issued? Anything showing the first demand for full payment? Did they send a copy of the T&C's? If so check these too for what it says about default/termination process....

Presumably you mean the SAR request Suggs? Have they not responded to the part 18 request or CPR 31.14? Looks like the Stat Barred route is out, unfortunately. If it is the SAR you got, you need to look for the communications log, and check for whether they note that a Default Notice was issued. You also need to go over that reconstituted agreement they've sent you with a fine tooth comb. Check for anything that proves it wasn't the T&C's in force when you took out the agreement. Does it have the correct address for the time you took it out? Is the APR the same as on the first statements? Are any acts/statutes mentioned dated AFTER you took it out..etc etc... Elsa x

Don't worry, might be busy elsewhere, but the Succinct Monitor is still watching over you

Hi Dazza, I agree with Andy...send off a DSAR to the original company, just in case Link or anyone else start playing silly beggers now or in future. I imagine they are keeping a low profile now hoping you won't report them. It's up to you whether to prompt them for a response, but I wouldn't. Whilever they are the ones failing to respond, you have the moral high ground. Sleeping dogs....if they do try again (which I doubt) DSAR them too. Elsa x

Well done on your initiative Dom Just make sure that they set it out in writing for you, specifically stating that it is in Full and Final settlement and neither they or anyone else will pursue you for the balance. It will be marked as partial settlement on your credit file however. It would help make it more legally binding if a third party makes out the cheque. Elsa x

Hi Cumblechook..just bobbing my head round door to say "Hi"...doesn't sound as if the letter from SLC requires/merits a response, unless you want to write back and point out that they have still failed to answer your question of (date...copy enclosed) as to the meaning/source of those payments which you are adamant were not made by yourself. As above, a complaint with a case ref number would be a good idea if Link get sniffy again. As my signature, not got much time but just wanted to check you're OK... Elsa x

Definitely ignore. Report back if they send anything in writing. Sometimes the SB date can be a grey area so sit tight as long as possible

Wow. "Bureau Administrator". Well considering a bureau is a desk, he must be in charge of where the desks go and giving them a quick polish with Mr Sheen. You've got to love their self important titles...designed to make you think they're reeeeaaaalllyy scary and important. Bovine Excrement Facilitator and Distributor more like. Ignore

Furthermore, on rereading this morning, given a similar ruling by the FOS in your own case, Natwest would have to return the money from the joint account to the card...the card which has no agreement...

Just done a little research after giving the builders a cup of tea to shut them up... With regard to the right of set off of a sole debt from a joint account...the Financial Ombudsman would have something to say about this. To quote from a complaint in this respect: As mentioned above, I really think you need to involve FOS in this. Certainly I think their rulings on similar issues would help if referenced in defence. I also believe they can only set off against a CREDIT balance, not an overdraft, but not sure on that, but you might like to research that further. Might depend whether the set off took the account over an arranged OD limit. Here's the link to the FOS page onright of set off. http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm Elsa x

Hi, Sorry, only just had chance to have a look at this thread. Dear me, what a set of idiots Natwest are, this is such a mess!! I'm concerned at the legality of transferring the Chargecard debt to the overdraft without you specifically agreeing to it, although as it's a special type of current account lined to the card is that specifically "allowed" in the T&C's? If so one wonders whether it can be argued as an unfair term. Normally I don't think it would be permissable unless there's a credit balance on the current account. Maybe query this with the Financial Ombudsman? The first image in the uploads relating to the overdraft isn't a Default Notice issued under section 87, it's simply formal notice that they will add a default to your credit file. The second image relating to the loan is a DN, and is compliant as far as I can see except for the priceless fact that it was issued AFTER the claim. I'll be interested to see Andy's comments. My own gut reaction is to go for a strike out for non disclosure and issuance of procedings without a DN, and immediately make a complaint to the FOS about the balance transfer to an overdraft. Elsa xx

Hi Palemm, Sorry hon I don't have two seconds to rub together at the moment due to work but if you could paste up exactly what you put in the CPR 31.14 and exactly what they put in response verbatim it will help us to formulate the response. Idiots are confusing 31.14 with a CCA request. kind regards, Elsa x

I'd send the SAR anyway...

Send it to whover is named on the claim form for documents. Fax would be OK, but not email. Recorded or Special delivery if by post, essential to have proof of delivery.

Hi Nicky, No need to feel ashamed and embarrassed, it can happen to the best of us!! Sounds as if this debt would be statute barred if you've not made any payment for more than 6 years (5 in Scotland), which is an absolute defence. Start your own thread in the legal forum, then put a link in here so we can find you. Elsa xx

There's also a part 18 example in there (for information, not docs) I'd send that too, asking the date of last payment.

When you do the CPR 31.14 it includes a request for a time extension... Have a read through the enclosed pdf of the best bits from the legal threads, there's a 31.14 template in there...amend to suit pt-legal issues-compilation.pdf

Anyways, you need to tick defend all. You also need to send a SAR immediately to TSB to establish the last transaction on the account. (Link to SAR template in my blog linked below) and a CPR 31.14 for the default notice the Notice of Assignment and (the fun part!) a copy of the "credit agreement" Elsa x