Thanks dx100uk . I've amended & printed off the letter & will get this sent off tomorrow. I'll also file acknowledgement of service today. I've been trying to do some research about statue barred & wondered how does this apply to overdrafts?

I'll start at the beginning because this is a complicated one! 1. Opened up a joint account with husband at HSBC. 2. A few months later in July 2006, we applied for an overdraft, this was granted. 3. Autumn 2007, we opened up an account with LLoyds TSB & they transferred the O/D. 4. In the last 6 months I've started to get letters from Raven/MKDP asking me to pay back £1709.01. I sent letter back disputing this, even did a CCA request, which I now know was pointless. What I have had back is some historic statements dating back to 06/Nov/2007 with a balance of £1201 O/D. This account then has lots of fees/charges added to it until 09/Jan/2009 when the balance is now £1709.01. 5. Had notice this morning that a claim has been filed at Northampton County Court. 6. I called MKDP to ask if I could ask to make a SAR, was told I couldn't do this!! I don't know what to do for the best now, as far as I'm concerned the balance was transferd over to Lloyds TSB & the O/D was £1201. Any help would be much appreciated!

Thanks for the replies, I've gone through my paperwork from Lowells & found a statement from Shop Direct that states that the account was opened 20/03/2007. Pojo

Ok, thanks for that, I've got a library letter so I'll patch your bit to it & send them. I just dont get what they thought they were doing sending the 2010 agreement.

The signed agreements that I requested are what I received back from Lowells and then scanned & posted above. According to the covering letter they don't need to send me a copy of my actual agreement, this is after saying in the previous letter that the account is closed. Why they've sent 2 different unsigned agreement I don't know!!

Hi, Sorry for the confusion. The account that I posted the 'agreements' for was opened in early 2007. I noticed the dates as well not sure what the heck they are about as the address on the first scan I had not long moved in to when the account was opened. Thanks, Pojo

Ok, This is the 2nd CCA that I was sent, its in 3 parts! Scan0001.pdf Scan0003.pdf Scan0002.pdf

Ok I've just scanned the first CCA that they sent, it's in 2 parts. I'll post the 2nd CCA in a minute. Pojo

I can give it a go! Is it just the letter that you want me to post up or the agreement as well? Thanks again for the help, Pojo

Hi, As best as I can remember it was from early to mid 2007, it was for £1,609. Any advice would be gratefully received as I'm a bit confused as to what I should do now. Thanks, Pojo

Hi again, I received a letter (dated 18/10/11) from Lowell's saying: 'We refer to your recent request for a copy of the original credit agreement for this account'. Wrong, I requested on the CCA on 22/12/08 & they defaulted on this 15/01/09, I informed them of this in my last letter to them in August. 'After liasing with Shop Direct in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you. We are closing your account At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Shop Direct'. Then I received a letter a few days later (dated 21/10/11) basically saying that they are in receipt of my recent CCA request & that Shop Direct have provided them with a 'reconstituted copy of the agreement' which they confirm that I would have signed. They say that they are not obliged to send me a true signed copy & welcome my response in 7 days blah blah blah. I'm confused as to what I should do now, as I understood that this should have been provided back in 2008? Many thanks, Pojo

Hi its me again! Ok, this morning I've received a letter from Lowells with a copy of the statement that I requested (I didn't request a statement, I informed them that Shop Direct failed to provide me with my signed CCA request) they're now huffing for the full amount & neither they nor Shop Direct are aware of a reason why I shouldn't pay etc. Should I reply to them or ignore them? I don't really know what to do next, so any advice would be appreciated! Pojo x

I think you'll just have to put what you need down & hope for the best! Like the PP said some people live off microwave meals so they wouldn't need a cooker!

I was worried I was coming across as greedy, but we are a family of 5 in a vulnerable position with our youngest son who has a disability so I asked for everything we needed which amounted to about £2,500 & we got half of that. A fridge & cooker were classed as a necessity not sure if they are for everyone!

We recently applied for one as we were moving into a new property from a homeless situation & needed everything. It can take up to 4 weeks to process & they refused us ours (according to them we didn't fit their criteria) so we were advised to got to CAB who appealed it on our behalf (according to CAB, it's their policy to turn as many down as possible at the moment, so that you go for a social/crisis loan & pay it back), the CAB appealed it again & it went to an Independent Panel & they gave us more money. Put down all that you need, I provided costs for new & 2nd hand. Remember if you don't ask, you don't get!! Good Luck

More good news, they've agreed to pay the money into our rent account!! Thanks for all the advice received!

Update. The council have agreed that we can pay £2.50 a week which is good news for us. We've complained about the way this has been dealt with & have requested that they sort out the shortfall!!

Surely this means that all they can do is send their soppy letters?

Ok, have just received a polite letter from Lowells advising me that my account has now been put on hold while they contact Shop Direct (Littlewoods) for more information. Is this them making the first step to back off re this account (its my biggest debt £1609.34)?

Hi, We received to the I&E form from the council, filled it in & we have £10 a month spare to pay them, so hopefully they will use common sense & go with that. Thanks for the replies

Thanks for I&E form. The HB is paid directly to the Homeless team at the council (HOST) so we have never seen any money, this is why it's p'd me off so much!!

The over payment came about in 2007, I queried it at the time as we didn't agree with the amount, but were told if we didn't pay it back the a L/O would be issued & bailiffs sent to recover the monies (I was very naive about bailiffs/DCA's then so I set up a S/O to pay it back) I just wish they would listen to us, but we should get the expenditure form tomorrow so they'll see that we don't have a pot to **** in

Hi thanks for the replies, the £10.20 a week hasn't been taken out of my account, its been deducted from the Housing Benefit, which has left us having to pay this to HOST, we are now in arrears for our rent. If we had been notified in May correctly then we would have requested a lower amount & cancelled the S/O & we would have paid the agreed amount & would now not be in debt (the amount is £112, not a lot to some, but if we hadn't have phoned today & asked questions it would have mounted up as the left hand doesn't know what the right hand is doing). Sorry for the rant, I'm just really cross & upset that this has happened just as we were begining to find our feet financially & this happens

Earlier today we received a letter from Housing Benefits/Overpayments department of our local council informing us that £10.20 was being deducted on a weekly basis from our housing benefit to pay back monies owed due to an alleged over payment from 2007. After being informed of these overpayments we made an agreement with the overpayments department to pay these monies back directly from our bank account at a rate of £10 a month via Standing Order, which we have continued to do until today. Earlier this year we discovered that our son had a serious disability which required us to move from a working situation abroad back to this area, putting us into a unavoidable homeless situation, we were deemed quite rightly to be unintentionally homeless & have since then been housed by the HOST (homeless) department in the Council and are in receipt of full housing benefit. The letter we received this afternoon, informed us that since May this year, £10.20 a week has been deducted from our Housing Benefit along side the £10 a month we were already paying through a Standing Order through our bank account. This immediately rang alarm bells & I immediately contacted your Overpayments department, speaking with a lady who did inform me a previous letter had been sent out on the 11/05/11 (which we never received) informing us of the Council's decision to deduct the extra £40.80 per month from our Housing Benefit, at this point it is worth noting that had I received this letter, firstly I would have responded in the same manner as I have today, secondly I would have applied for the deducted amount to be reduced from £40.80 a month to the original affordable £10 we were already paying & thirdly I would have cancelled the £10 being claimed through my bank account, I repeat, I never received any mail relative to this situation until the letter I received today arrived. The lady at the very least was helpful & has arranged to have the £40 drawn from my bank account since this decision repaid. This still leaves my family & I in the precarious position of at this time, being £112 in arrears on our rent, this will continue to increase until an appeal to have £40.80 deducted from our benefit reduced to the original deduction of £10 a month. After speaking with the lady for a second time regarding the above, she approached her superior to see what assistance could be granted in the circumstances, I then spoke with the superior, who's only response was to inform me that because the original debt was outstanding since 2007, nothing could be done & it was my responsibility. I on two occasions pointed out to her, that we had taken responsibility for this debt & had been paying the debt back on a monthly basis for some considerable time and because we were now on benefits (a much more precarious financial situation) it was beyond me why the payments were so dramatically increased without even informing us, putting a family already in hardship in a much worse position. Her responses were robotic to say the least pointing out again that we were informed by letter on 11/05/11, a letter we never received. I've sent a letter to appeal the decision, but would like to know if anyone can offer any advice??

Hi, I'm currently with the help of CAG dealing with debts. This afternoon I had a phone call from Tom from Fresh Start who said he had been passed my number by a 3rd party, I tried to ask who the 3rd party was & the cheeky sod asked if I had any debts I was struggling to pay? I replied that I did have debts but wasn't struggling to pay them as the accounts were being disputed!! This completely threw him, so I politely said goodbye. 3hours later I get a call from another Tom from Fresh Start on my old mobile number, saying he's not a loan company & again asked if I had any debts, I said Oi!! I've spoken to you earlier & I'm quite happy dealing with things on my own, I tried to say goodbye again & could hear him shouting down the phone if I was paying my debts!!! I'm now very bemused as to who Fresh Start are?