What should I specifically ask for on the SAR? Although HSBC have stated they have no information as they're not obliged to keep it and have quote the Limitations Act. The last payment to Apex was in 2011.

Sorry, am error in my post, 6years should read 6months.

Where do I start... There is a Current account in my name dating back to the very late 90's when I was a student. I had many accounts during university, taking advantage of the many overdraft facilities on offer at the various banks. Hand on heart, is this account mine? I honestly don't know. At one stage the debt of circa £3k was being managed by Apex Credit Management. I was young, naïve, conscious of credit reports as I was in the process of buying my first house, and so I relented and started a payment plan with Apex in say 2003 to 2008, the debt now stands at £2.6k. As I became a little more clued up, not as much as you all on here, I asked Apex to prove the debt was mine as they had bullied me in to paying. I sent off the £1 fee and nothing came back. The debt recovery was eventually stopped, and the account reverted back to HSBC. Earlier this year HSBC contacted me via letter and said the account was being dealt with by Lowells, then Hamptons (I think), and when I pressed for proof that the account was mine, HSBC quoted the 'statute of Limitations Act' saying they do not keep records beyond 6years, furthermore, my time to dispute the matter with the Financial Ombudsman had expired as their letter of this year was over 6mts old, coincidently, Lowells letter to me was the day after the 6month time limit had expired. Do I have to pay this debt? Will it show on my credit report? Any advice would be welcome.

I know, 'I fell for it, hook, line and sinker'. I told them pretty much everything I've said thus far, although they knew about the CCJ as they gave me those old details so I told them what had happened in 2004 and they said they would put any action on hold until I get back to them within 14days and they may take it back to the original creditor.

Hi, The Solicitors that have bought the debt is 'Drydensfairfax', and I spoke to them this past Saturday as the letter didn't say anything about a debt, it just requested that I contact them and to be honest I wasn't expecting it to be anything bad after all these years.

Hi, I have a £5.5k debt (loan) for which the creditor obtained a CCJ in 2002. In 2004 they attempted to enforce an 'Attachment of earnings' but as I was 'Self employed' it was dismissed by the Judge. I wrote to the creditor on 3 occasions in 2004, I still have the paperwork, offering weekly payments of £10, I even filled in one of their 'Income and Expenditure forms' but they never got back to me. Now 10years later they have sold the debt to a collection agency or Solicitors who are chasing payment. I know as a CCJ by the original Creditor was obtained the Debt is NOT 'statute barred' but where do I go from here? If they'd accepted the £10/month I offered back then I'd be close to paying it off by now. Everything I've read online says 'this is a grey area'.

Hi All, What does the following term mean? 'We will endeavour to begin supply of Informationfrom the agreement date, no later than 7 days thereafter.' In my opinion, and I'm told I'm wrong, the first part of the sentence is 'endeavour', and the second part of the sentence after the comma expressley states 'no later than 7 days'. My question is, which is it, endeavour or expressley stated? Please help clarify this. Kindest regards.

Oh; is the inducements a bad thing for me then?

No; their sales guy offered to give me his Linkedin connections.

Hi. Thanks for the response. The Claimant and provider/supplier is Emap T/A Glenigan. I did receive inducement (IMHO) and I had no bargaining power.

Many thanks for your response. The Claimants Standard terms of business, clause 5 states: In return for your payment of ourInvoice we will supply the Service. We will endeavour to begin supply of Informationfrom the agreement date, no later than 7 days thereafter. We will use ourreasonable endeavours to supply the Service to you at the frequency indicatedon the order form but time for delivery is not of the essence. We willendeavour to notify you where there is likely to be a delay. We reserve theright to change the format, frequency, presentation and content of the serviceand/or the Information without reference to you (but will only do so where weconsider such a change to be beneficial to you). You will not be entitled toupgrade the Service unless you pay a recalculated Subscription fee to takeaccount of the upgrade. We will use our reasonable endeavours to ensure thatthe Information is accurate at the time we obtain it, but cannot guarantee theaccuracy of any Information. We will endeavour to supply training within 30days of the agreement date, but cannot guarantee this. Failure to receive training,for whatever reason, does not constitute a right for you to terminate the subscription. My interpretation of the clause is that they could provide nothing for the entirety of the agreement and I could still not Terminate the agreement.

Hi, I went to court to have judgement set aside; the Judge has ordered me to file my defence by the 14th October (a week on Friday). I'm trying to argue that the Standard Contract Terms of the company I entered into contract with are Unfair. However, I was told by the Judge during the hearing that I had the ability to negotiate the contract; which I disagree with. The Claimant is owned by a multibillion pound private equity group, and me, the Defendant (Ltd company) is just me. Is the judge wrong? Can I argue this one? The Unfair Contract Terms Act 1977 section 3 states, Liability arising in contract.E+W+N.I (1)This section applies as between contracting parties where one of them deals as consumer or on the other’s written standard terms of business. (2)As against that party, the other cannot by reference to any contract term— (a)when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or (b)claim to be entitled— (i)to render a contractual performance substantially different from that which was reasonably expected of him, or (ii)in respect of the whole or any part of his contractual obligation, to render no performance at all, except in so far as (in any of the cases mentioned above in this subsection) the contract term satisfies the requirement of reasonableness. What do you think? Kind regards.

Hi All, (this is a business to business dispute) Is anyone aware of any case law where the defendant (my company) signed a contract with another company (claimant), but has never received any benefit or services from the Claimant yet the claimant now wants the full contract value? Hope that makes sense. Any advice greatly appreciated.

Hi, Before you read, please be aware that I'm writing with regards to a Limited company to Limited company dispute. If you would like to know the whole story, then please feel free to read my only other two posts in the last few days. From my experience today, it seems you cannot go to just any court in the land to set a judgement aside and/or stay of writ without first having the case transferred from the issuing court; in my case it was Northampton County Court Bulk Centre. As I was told a few hours ago, it is at the local courts discretion to phone Northampton Bulk centre and ask for the case to be transferred to them so that a judgement or writ of stay can be dealt with at the local court. Given the current financial strain on Local councils, and it being a Friday afternoon, my local county court told me to speak with Northampton Bulk Centre as they could not deal with it and they promply produced a print out from a 'gov.uk' website that said something about a 'stay of writ' being dealt with at the issuing court. Anyway, I got home and straight on the phone to Northampton. They explained that I had to fill out form N244 twice (£80 x2), one to set the judgement aside and another because the Writ of Fi Fa was issued by the High Court which incidently can be issued to a Directors personal address. I must say that Northampton Bulk Centre whose help teams I've spoken with 3 times now are quite helpful, and apparently I was on a Priority list (thankfully), so I paid them over the phone, emailed them the two forms, and was told that whilst my forms are being processed, Marston Group, the HCEO cannot enforce the Writ of Fi Fa (i.e. cannot turn up at my house to take things away), and that their system automatically notifies them of this. As much as I'm grateful to Northampton Bulk Centre help desk, I'll still be phoning them on Monday to ask for an update. Also, because its a company to company dispute, the local court to which it will be referred to must be the Claimants and not mine.

Many thanks again.

Many thanks so far Ploddertom. Assuming I get the judgement set aside and the 'stay'; what next? I posted all the details of the case on the forum the other day, and the consensus was that the case is a little complicated, and one that I may not win. Is it a simple case of closing the company, and all my problems go away?

Many thanks for this..........I was planning a trip to Northampton County Court; I didn't realise you can do it anywhere?

Well, I've got to do two of them. One is to 'set the judgement aside', and another is to 'stay the writ'.

I'm filling out N244 as we speak (or type), but will it be executed in time? If I post it special delivery tomorrow, it will get there on Saturday, and then how long before Nortampton County Court (Bulk Centre) turn it around?

Hi, I've received a letter advising of a visit to 'seize and remove' to enforce a Writ of Fi Fa (not sure what that means) on the 10th August 2011, next Wednesday; the total debt thus far is £1,786.55 (started off at £1180.00). Without going into the detail, I never received the original court papers and a judgement was made without my knowledge. I've yet to see the court paperwork and have asked the Courts to send me copies again at a different address to be sure that I get them. In the meantime, it seems my limited company BUSINESS debt has been judged against my domestic private address albeit in my business name and now I'm being threatened in quite strong language with 'officers and removal contractors' and that I will be responsible for the costs. Its a business I was closing down anyway, and this debt is for a subscription service which I was 'suckered' into; but I don't have the funds or time to fight it, and as I said, its a business I want to close down anyway. How do I keep them off my private domestic premises? There are no business assets at my address, and I have already written to them telling them that. Is there something more legal that I can use, which will make it impossible for them to come to my home address?

Ok. I'll give the courts a call tomorrow and see what they can do.

Hi Matt63, Thanks for getting back to me. I think you've made up my mind. I suppose I was looking for some confidence from someone as to whether I had a case or not, and as you say its 'reasonably complicated'. Dissolve the company it is then. What do I need to do bearing in mind its my personal address they've got so far on the court paperwork as I don't want a CCJ or anything else attached to my personal address. Any advice would be appreciated.

Its in the company name in both instances.

Matt63 - The subscription is/was with Emap trading as Glenigan; they're afairly big company with a monopoly on construction leads. So you login to theirwebsite and search for construction leads, and you can filter by location,project type, value, status (planning, tender, construction, post contract,etc). Between the 28.02.11 and 24.03.11 I had voiced my concerns to Glenigan thatI didn't believe there product was right for us. I kept getting told to 'seehow it goes and then we'll see what we can do'. By 24.03.11 I simply said 'enough is enough' I want to cancel. On the 25.03.11 I was told, ‘we don't offer cancellations and you're tied intill 27.02.12’. I questioned why I had been told on several occasions to, 'seehow it goes and then we'll see what we can do', I was fobbed off with somethingabout it helping them to understand their marketing usage factors; sounds likerubbish to me. After this, I left several messages for one particularindividual to call me back, and they never did. After going on to their commercial website (not the construction leads one),I rang a few different numbers and spoke with someone who said they understoodthe situation and consider it cancelled; the kicker is that I could not for thelife of me remember the name of the person I spoke with. Equally, I had hopedthey would have noted something on their systems, and afterall, everytime youspeak with them, you get the whole 'this conversation is being recorded'rubbish. Anyway, I wrote to them, sometime between the 28.03.11 and 01.04.11and confirmed my conversation and that the subscription was cancelled, and asagreed, they would keep the 20% I had paid up front. Again, unfortunately I don’thave a copy of this letter as a few days later I cleared out my office, and inthe transition, some things were lost and/or never scanned in. But they do sortof acknowledge my letter in their next emails (see below). On 06.04.11 I received an email from the individual I hadleft several messages for, and they just reiterated that the agreement couldnot be cancelled and that their invoice was now payable in full as I hadcancelled the Direct debit. I immediately responded and said, ‘Thanks for responding to my email dated 25thMarch, fortunately things have moved on since, and this matter has already beenresolved. A formal letter confirming my last conversation with Glenigan/Emaphas already been sent to you. As for your comments regarding marketing andusage strategy, whatever that means, I disagree entirely and perhaps you needto recheck again with your account management team or listen to the phoneconversations’. Later in the afternoon of 06.04.11, I received anemail from that same individual stating, ‘Please can you confirm who you spoke to regardingthis as we have no record of a telephone conversation with your company since24 March 2011?’. On 08.04.11, I received another email from theindividual,‘We have no record of you speaking to a member ofGlenigan’s staff since your conversion with Diane on 24 March 2011. During yourconversation with Diane, she reiterated that Glenigan operates 12 monthcontract periods that cannot be cancelled prior to the end date.’. I have attached a copy of your signed orderform and our Terms & Conditions, both of which state that the contract yousigned is for a 12 month period. Therefore, invoice 225099 is due for paymentin full and failure to do so will result in your account being passed to a 3rdParty Recovery agent. However, should you wish to arrange payment of thisinvoice please contact us on 0800 015 3393 (option 3, 5).’. From this point I stopped communicating with themcompletely as it was lie after lie, even if I had the money, there was no way Iwas going use their service. This person Diane had never said to me thatGlenigan operates a 12month contract period. I know that the contract period is12months, but Diane had never said that to me, but that wasn’t the point, thepoint was that it was another lie, to go along side their rubbish about ‘marketingand usage strategy’, not to mention that in my opinion they hounded me to signthe contract and then when I raised concerns, they fobbed me off, didn’t returnmy calls, and then lied about this Diane allegedly saying to me that thecontract period was 12months. From this point there was no way back for therelationship; ‘untenable’ I believe is the word. Furthermore, the website requires the individual tohave a certain amount of training over the internet where they remote access/ghostyour computer and talk you through it, and this was only half completed, so it’snot as if I could have used their construction leads website properly anyway. After this, during May maybe, I received a fewcalls from their lawyers. These I didn’t respond to, although I did send aletter on receipt of their entire invoice stating that the business was nottrading and couldn’t afford an administrator and had no assets, and they were welcometo issue a winding up........etc’. The next I heard was this Enforcementofficer on my doorstep; and now I’m on this forum seeking help. So thats mystory! By the way, thank you for your responses so far. I was going to close the business anyway, but I’m now in a quandary, caught between a rockand a hard place, as I don’t want this Glenigan/Emap tarnishing my name inanyway. I know its the business name and not me personally, but I am thedirector. Am I taking it too personally, and should I just walk away from thebattle and close the company. The otherthing is, I wouldn’t want to lose, and then owe more, but then again, have Igot a good case? With regards to filling out the N244 twice, this iswhat I was told by the Courts helpdesk via email; ‘If you think that a Judgment has been entered againstthe company incorrectly and you would like to remove it you can apply to setthe Judgment aside using the N244 'Application Notice'. As the Claimant hasissued a Writ of Fi Fa to enforce the Judgment you will also need to apply to'stay the writ' on an additional N244’. Toddle2u – thanks for theinfo, but isn’t there something about being unable to close a company if you’rein a legal dispute? Thanks again and apologies for the long response (1100+ words I believe)!

The total subscribtion amount for 12months was £1332 (£1110+20%VAT), commencing 28th Feb 2011. I had to pay 20% up front, and so I paid £266.40 (incl VAT). By the 26th March I said I wanted to cancel the subscribtion and they said they don't offer cancellation, and having read through the T&C's there is no cancellation clause. I did send them an email stating that I wanted to cancel. The judgement debt is for £1140.25, judgement costs £167, execution costs £111.75, interest £11.46, officers fees £350.45, making the total levy £1780.91 as at 25.07.2011 . They got my home address presumably off companies house. One other thing, the courts have told me to fill out the N244 twice, so thats £80 plus another £80.