right i have taken the subject access letter and CCA letter and will get my mum to send them off this week recorded. I will let you know how she gets on. Thank you all so so much! thank you for the letters stercus! what does she do if she doesnt hear anything after 12+2 working days for CCA letter? or 40 days for subject access? thanks ;0) xxx

wow thank you all so much for your responses! it is all very confusing, you guys get confused too! Unfortunately my mum cannot confirm whether there has been a clear 6 year period without payment. My mum has said that my brother only had the moped for a few months before it was stolen and he did make the monthly payments. However, when the moped was stolen and the insurance refused to pay out for it, my brother also refused to pay. As far as my mum is aware he didnt make any more payments until about 3 years ago. (the insurance was invalidated as he hadnt owned the moped long enough, probably a different issue in itself!) my mum said about 3 years ago they started chasing him again but she said even he cant remember whether he paid anything (brother a bit of a fibber, so cannot get to the truth). since my brother refused they have harrassed my mum. she has agreed to pay them £10 per month by cheque (i will advise her to stop doing it that way, how should she pay if she does?). my brother is supposed to give my mum the mioney each month but doesnt (sweatty tenner!!) but because they harrassed her so much and threatened her she felt she had not other choice than to pay. thank you again for help!! can my mum request a sort of statement from then breaking down all payments made, charges and interest? even though it is in my brothers name? should she try the SB letter anyway? what is the letter known as to send to them to confirm they have the original paperwork? (lastly, would they really copy her signature???) thats shocking!

hi yet another newbie... i have read most replies on this thread and it ace the information and advise people are providing! but mine may be a bit different and I was wondering if someone can shed some light on this to help my poor mum! my mum took signed to be guarantor for my brother for moped finanace with black horse when he was 16 (nearly 12 years ago!). after time the moped was stolen and altho my daft brother had insurancde it didnt cover him (some clause but i dont have full details and it was about 10 years ago now. by the by, since then my stupid brother has been backwards and fowards with his payments, paying them, not paying them, back paying what he owed and he eventually stopped (not for 6 years tho!). now, our of the blue, my mum is now being pestered for the money. Horrible phone calls, threatening letters saying they will take her to court. She has told my brother about this and he still isnt going to pay (other issues as well, but he well out of order). my mum has now set up a payment scheme to pay them £10 per month by cheque and has advised she is no longer going to speak to them via the telephone coz of their attitudes so they do contact my mum by letter now. is there anything that my mum can do to deal with this? she doesnt have much of a relationship with my brother anymore and does not want to be paying this debt for him when he earns more than enough!. any advice would be very much appreciated!! katie ;0)