Sounds like a sensible approach. I think I'll follow that approach, unless I receive any claim forms. Thanks for the advice.

I just thought with it now being statute barred, they may stop chasing it. Also to avoid any potential legal action. So do you suggest I should just continue to ignore any DCA's? I have several accounts that have all now gone beyond 6 years of acknowledgment. So I'd be taking the same approach with them too.

dx100uk - The account in question is actually a credit card account, which now seems to be owned by 1st Credit as they are named on my credit report. I did receive a Default Notice from Halifax in May 2009 which I believe was served incorrectly. This was not followed up by an official termination of the agreement, but a letter shortly after did state that the agreement would be terminated. Bankfodder - I agree the last unpaid date (Dec 2009) should be when the 6 year period commenced. Thanks guys.

I have recently replied in writing to a payment request from 1st Credit on a Halifax account that has been in dispute since December 2008. The last payment that was made on this account was November 2008. I therefore sent the statute barred letter from the letter template section of this site. I have just received a repsonse letter from 1st Credit which reads as follows... Dear Mr ...... ...We understand you consider the above account to be statute barred under section 5 of the Limitation Act 1980. An action founded on a simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. The 'cause of action' that resulted in future payments becoming due and payable on the abovementioned account was the date of the default notice which gave notice for the arrears to be made prior to a specified date. As payment was not received a default was register on your clients credit file on the 29th June 2009 for the account. therefore the six years commences from the date the default was registered. We therefore do not consider the account is statute barred and look forward to receing you proposal for settling the outstanding amount.- ----------------------------------I am fairly confident that the last payment date is used rather than the default date on a credit file. Can anyone confirm that this is the case and an appropriate response? If any response is required at all. Thank you in advance!

Thanks for confirming that DX, I thought that was the case. I needed to be sure though.

Thanks, yes I understand the original Defaults drop of after 6 years, but my credit file is being updated every month. Do these drop of after the the 6 years elapses as well? Every month shows a "D" for Default at the moment. I'm worried they will stay on for a further 6 years after they stop updating my file, if they actually do stop! If it all disapears after the after the original 6 years is up I'll be happy.

Hi, Can anyone give me some advice please? I have a number of accounts that have been in dispute for 5 years now and will become statue barred by this time next year. The problem is all the companies (banks/DCA's) have continued to add defaults to my credit report every single month! Some have not provided CCA's and other have served faulty Default Notices. Hopefully I'll make it through the next year without any court action. In my original Account Dispute letters I stated they must not add defaults. Are they allowed to continue to add these defaults forever? I hadn't realised this was going on until I thoroughly checked my Credit File recently. I really need these to be stopped and removed, otherwise I will never be able to get a mortgage in the future. Thanks in advance for any help with this.

Sorry, should have asked if by selling the account MBNA have terminated without proper DN, therefore the account is now unenforceable?

I see! Yes you are correct, I've just noticed the new DCA on my Credit Report! Arrow Global Ltd now own it and updated my file in Feb 12. Does this change any with the Default Notice and Termination situation?

Its been a while since I last posted as I have not needed much advice or support over the 18 months. I get the occasional threatening letter but seen it all before. However I was very suprised when I checked my Credit File today and found that MBNA updated my credit file with my account as being Settled in Jan 2012. My file now shows a Default / Delinquant Balance of the original defaulted, approx £4.5k. The current balance shows as £0.00 (ZERO!). All missed payments have also been removed, with exception of one defualt on July 2009! This is very strange! Has anyone else witness this? Have they wrote it off!?

Thanks BankFodder, I'll respond accordingly. I had better do it online as the 14 days is almost up!

Hi, I can curently post the form itself but can post the particulars of the claim and any other details required. The issue date is 20th May 2011 from Northampton County Court. Claimant: TD Waterhouse Investor Defendent: Mr X Particulars of Claim: At all material times the Claimant was a member of the London Stock Exchange, offering execution only stockbroker services and the Defendent was a client of the Claimant. The defendant opened an account with the claimant, numbered ***** and agreed to be bound by the claimants terms and conditions of contract. Following instructions the claimant carried out transactions from 25.05.10 to 22.07.10 on the defendants account, in accordance with the claimants terms and conditions of contract. The Claimant charges debit interest at the bank of England Base rate plus 15% on the full amount in accordance with the claimants terms and conditions until date of issue or payment received in full. Overdue balance of £379.74 Interest thereon of £92.55 Collection costs of £40 And the claimant claims £512.29 END. There is then a court fee of £60

I have recieved a N1CPC claim form from TD Waterhouse as I owed them around £400 after falling into arrears on a share dealing account which offers the use of a credit facility. Although I have ignored a few letters asking for settlement I have always intended on paying the monies back. I wish I had offered to pay so much per month before they issued me with a court claim. Mainly as they have adeed a furhter £200 on the total amount for interest 15% above the BOE base rate, collection costs and court fee's. My question is...do I answer the claim and just pay up as and when I can or are these extra charges unfair? A 50% increase seem excessive to me???

Thanks , I was really worried until you cleared that up for me.

Thanks, If I was to go back I would have just bit the bullet and filed for bankcruptcy. However I feel more comfortable with the path I have chosen now I have got through the first year of constant hassle of threats. I have learnt to take them with a pinch of salt and respond to them in writing only when I feel it necessary. You say they have not actioned the SD in time, what is this timeframe they have to stick to? Is it worth writing to them to dispute the debt and update them on my current address? or just sit tight and see what their next step is? Thanks again.

No I rent, I have opted to try and avoid bankruptcy for 2.5 years.

I don't believe this! I moved house a year ago and have just been forwarded some old post. In amongst it was a statutory demand under sec 268(1)(a) of the Insolvency Act, which is from capquest dated 28th Feb 2011. Obviously I have not responded as I was completely unaware of this until now.Another letter from capquest dated 28th March 2011 confirmed that I have not made a response, they state they now have no alternative but to instruct their feild angents resovlecall to attend the address (old adress) and personally serve the statutory demand for bankruptcy!!!Can somebody please help me with what action I need to take with this? Thankyou in advance.

After reading up on Default Noices again I believe that Tesco Terminated the agreement on the back of an ineffective Default Notice. I think I'll add that as well, surely that add to my arguement to set aside.

Thanks for your input freethemice. The reason I am trying to get this set aside is simply to remove the CCJ and the powers it enables Tesco/BC to take against me. I was not expecting a full trial! is this likely to happen? I am preparred to risk £75 to remove the CCJ, then deal with any future action as it arises.

Thanks Sobreity....Bryan Carter's knew my new address as they had sent letters to my new address proir to commencing court action and sending court papers to my old address.

I am going through a similar situation, albeit slightly further down the line. I moved house and did not recieve the papers and I was issued a CCJ by default and am about to try and get it set-aside. link below if it is of any interest. http://www.consumeractiongroup.co.uk/forum/showthread.php?189210-CCJ-received-Tesco-Credit-Card-CCA-Enforcable/page2

Thanks PT. with regards tp Q10; should I simply explain that I was living at different address and that I believe the amount claimed to be wrong? or do I also need to provide any evidence at this point?

Thanks again cerberusalert. Could anyone please help me with my N244 Form as explained in post 27.

OK, Thanks Cerberusalert. I'll wait and see what happens next.

I have just received the Judgement Papers from Northampton CC, whish were forwarded to me from my old address. I am currently trying to fill out a N244 Form to try and get this set aside. In section 3 I have wrote the following: I ************** intend to apply for an order (a draft of which is attached) that The Default Judgment entered against me be set aside and a re-hearing ordered. because The claim form did not come to my attention because the claim papers were sent to my old address, when the claiment knew I had moved house and had a new address. At the time when the claim was made I was also away on holiday. As well as this I also believe the amount claimed is significantly wrong as it includes illegal charges and interest added is not as stated in the Consumer Credit Agreement. and in section I am asked to, 10. What information will you be relying on, in support of your application? Do I need to provide proof of my current address (bill or tenacy agreement) and past letter from Bryan Carters to my current address? Do I need to provide anything else?