Hi I would 100% back Bazooka Boo. Don't panic, they are very unlikely to turn up and if they did they have less rights than the dustmen. Do not ever talk to them on the phone. don't call them, don't answer their calls, if you accidentally answer put the phone down as soon as they identify themselves. Don't worry about being rude, they are much worse on the phone than you will be. Written communications only as you have time to consider what you want to say, can gather advice from this forum and they in turn have to leave a paper trail. Their request for an I&E statement is a total non starter. Only a court can ask for this and only after a court judgment has been obtained, and you are miles and miles away from this situation, so do not worry just yet. Keep posting up here with any developments. 1st Crud do at first appear to be a worry but once you understand what their true power is (which is very little) you can relax a bit.

I agree with Pinky69. Just wait for the next letter. However, never talk to them on the phone. If they call hang up. If they call again, leave them off hook for a while. If you accidentally speak to them, put the phone down as soon as you know it is them. It appears rude but is the height of courtesy in comparison to how they are likely to talk to you if things don't go their way.

Hi I just want to understand your situation: 1. Orange claim you had a mobile contract with them, though you know nothing about it. Have you at any time ever had a mobile phone from Orange? 2. You state the debt is from 2004. Would you know the exact date? 3. You sent a Subject Access Request to Arrow. When was this sent? Did you send it recorded or similar? Have you any proof of posting? 4. Bryan Carter got involved and started court proceedings? Did they issue a County Court Summons? If so I presume you sent a defence as you say you defended. 5. Did the case get to court? If so what was the date? 6. If the case did not get as far as a court presumably your defence or some other document prompted the judge to issue an order? Please clarify what happened. If it was a written order did it specifically say Bryan Carter had to comply with the SAR or was it Arrow that had to comply? 7. You say Bryan Carter has sent you a letter with a statement from Orange. Could you make a copy of it, remove personal details from the copy and post it up here? Does it have any of your personal details on it? 8. The statement is for a greater amount than Bryan Carter has asked for in their court claim. Are they now asking for more than the court claim? 9. You seem to be saying Bryan Carter are giving you ten days to pay or they will proceed with court action. However, you also say the court has instructed BC to comply with an order. I am just trying to understand who is controlling the pace of events. Is it BC or the court? 10. How much is the claim for excluding costs? Your answers to the above questions will help everybody on here to better understand your situation. My initial thoughts, not being familiar with either Bryan Carter or your paperwork is that if the judge has asked them to comply with your SAR and you have received nothing but the statement then BC (or Arrow) have not complied with the SAR as they would undoubtedly have to supply you with much more information such as customer care logs, and other material. Also, they have not supplied a copy of the original contract (though you probably have not asked for it either). I think once you have provided the answers above, there will be a lot more questions from myself and other CAGers so we understand your situation. As you have ten days there is no need for immediate panic. Wait for some other CAGers to come on here and offer advice before you do anything. Good Luck.

Hi Keep the envelope. It might have their Reigate return address on the back. Not sure how this helps you though. See what other CAGers say.

Hi Buzzard No phone calls. Not ever. Make copies of everything you have received, on the copies delete personal details, not forgetting little codes and bar codes that exist in the margins that can be used to identify you and get them posted up here. I am not an expert but going ONLY by your comments: 1st One: An application form is not necessarily an agreement, up to date T&C's do not apply to your original agreement as it is years old. You should be given the T&C's current at the time you took out the agreement. Could well be they have failed to comply with your request. 2nd One: An application form is not necessarily an agreement. May not have complied with your request. 3rd One: As far as I am aware there is no legislation specifically requiring your signature, so this is their problem. However, there is nothing in my view to stop you sending a recent utility bill with an accompanying UNSIGNED letter saying you wont provide a signature or communicate other than by written means but the bill should be sufficient to demonstrate your identity. Currently they have not complied with your request. Wait for more CAGers to come on here and amend my suggestions.

If it was me I would ignore them until such time as they send something serious, such as a CCJ summons which is most unlikely for this piffling amount.

As someone should have eloquently said about other half's; ignore, ignore, ignore some more!

If you defend and lose you will get a ccj against you. However, if you settle it within 30 days it will not appear on your credit file. Therefore, if you can afford to pay it off it may be worth considering defending first to see if you win, and paying off only if you lose. Of course by defending you may find they will perform badly with their paperwork or pursuit of the case to such an extent they withdraw. Also, if you defend and lose you will also be liable for costs. So I think the potential outcomes are: 1. You pay. 2. You defend and they pull out. 3. You defend and they lose. 4. You defend and they win and you settle within 30 days without a CCJ on file. 5. You defend and they win and you do not settle within 30 days and the CCJ goes on file. 6. You defend, they win and you appeal. (Number 6 is there for completeness but is probably the most unlikely of the lot but you never know).

You should report this to your bank as fraud. They will investigate and in due course, refund the amounts that have been taken. Something similar happened to me a few years ago and I went into the branch and reported it as fraudulent transactions. It was Barclays and they behaved as though nothing like this had ever happened before, total dickwoods, but in the end I got my money back.

If it was me the offer should be one you can afford, should not take into account any charges you are disputing and should be conditional upon them freezing further charges and interest.

As was so eloquently put on another thread by someone else; ignore, ignore, ignore some more!

Just to be clear your original loan was £2000 and they are now claiming £8000?

Hi Liz01 Are you still banking with them? If you are try and get another account and move away totally. I am not sure if the CCA works in the case of an overdraft. Perhaps other CAGers will comment. You should look to challenge the charges where you can. This is more difficult now because of the Supreme Court Judgment. However, there are some people working on how to challenge charges. In the meantime you could consider writing a letter to them "informally challenging them". What you should do is basically tell the story of your overdraft, how it was set up, how it fell into delinquency and what the bank did to make it worse. Tell the story in normal language and ask for your charges back. When/if this fails that letter can be the basis for a complaint to the banking ombudsman. This approach may win you some points with the ombudsman but even if he does not decide in your favour it does not prevent you from taking some legal action afterwards, if the advice at that time indicates you have a chance. Assuming you admit some of the amount (say some or all of the original overdraft) you can offer a repayment plan at the same time and start paying it. Do not let them impose a repayment plan on you. You are uniquely able to determine what you can afford based upon your own circumstances so make that determination, offer it and stick to it. Wait for some other CAGers to post to see if they can improve my advice.

Hi I am by no means an expert, especially when it comes to banking law so wait until some other CAGers come on here. However, I would think that if you signed an overdraft guarantee (directors guarantee) you would be liable to pay the overdraft on demand. If you cannot pay it in one lump sum you can offer them a repayment plan. If you do this should be a plan you determine for yourself, not one they impose upon you. Start paying it as soon as you can. They have two choices at that point. They can accept the plan or take you to court to get a CCJ. If they do the latter and win you can then make the judge aware of your financial circumstances and show that you have offered a payment plan and you are paying it. I would think the judge would then set the repayments in line with or close to your plan, and possibly give the opposing side a kicking for wasting everybody's time. ONLY if you fail to pay the CCJ or maintain an agreed payment plan can the bank then apply for a charging order on your home. Assuming my scenario is right they cannot get a charging order until 1. they have secured a CCJ and 2. you have failed to make payments that the court has set then Lloyds TSB are a bunch of b......s for even talking about charging orders at this point. Given that they are I would demand they produce all the paperwork relating to the overdraft first to substantiate their claim. I would also consider reviewing the entire account to see if you can challenge any of the charges, if there were any. I know this has become harder now but it is not off the table. As I said at the top, wait for other CAGers to comment as they may correct me or amplify some of my comments. By the way was it just yourself that signed a directors guarantee or did any fellow directors also sign.

I would also SAR Capital One just in case you turn up anything that may be to your advantage. Also, dig out any old paperwork you have to see if you have been issued with default notice and termination notice. These could have faults that help your defence. Also, send by recorded delivery any correspondence you send. Also, don't sign anything. Have you got proof you sent the s77/s78 request?

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Hi and welcome to the world of bottom feeding debt collectors. Not withstanding what you may or may not owe you are under no obligation to speak to these people by phone. Further, it is strongly advised by most on this site that you should never speak to debt collectors on the phone. Follow these rules for a happier life: 1. Do not speak to them ever. 2. If they phone immediately put the phone down without speaking. (This may seem to be counter to the usual social rules of being polite etc but be assured they threw that bath water out many years ago, and you need not fear to offend them). 3. If they call back, leave the phone off the hook. 4. Keep a written log of calls; dates, times number from which the call came. Might come in useful if you need to make a harassment complaint. 5. Written communications only. This should be your field of battle. You have time to get advice, consider your response and get a full audit trail of what is sent and received. They don't like this precisely because you get advice, give considered responses and hold them accountable for what they write! 6. In due course they will write to you. At that point you will find out what they want. By the way the letter is not likely to be very nice and will threaten all kind of nonsense. This has been calculated to scare you. Don't let it. (I have a very large collection of these letters which I treat as a sort of stamp collection!). Just post back on here when you get it and you will get good advice as to what to do. 7. Keep all correspondence you receive including the envelopes which you should staple to the letters (date of posting/method of posting may be important sometimes). Here is a good website: Phone Call Comments If you put the telephone number in the search box you will often find out who it is. I did in this case but got nothing back. I phoned it and the area code is wrong so I think you have typed the number incorrectly. I think the correct area code is 01268. I tried this and got nothing so I rang it and got a strange message about an invalid account number.

With regard to the ex girlfriend you could perhaps write her a business-like letter just stating the facts and pointing out it is your mutual interests to work together. In that regard you could work together through the CAG so as to keep contact to the minimum necessary.

Hi 1. the girlfriend I would think it might be a good idea to contact your ex to see what she has done, if anything, and find out what correspondence she has received. You should also tell her you are on this site and to watch your thread so that you can both be advised together since you are both potentially liable for the debt. I tmight be an idea for her to join the site and sub your thread so she is kept up to date with posts. Perhaps you could also ask her if she will give you copies of any correspondence she has ever sent or received with regard to this debt and you should offer her the same. Also ask her at this stage NOT to talk to any DCA, or to acknowledge the debt in any way. 2. Statute Barred? It sounds like it could be statute barred but I am not an expert. As I understand it if you have not made a payment for six years (five in Scotland) or otherwise acknowledged the debt then in most, but not all, cases it is statute barred. What I think this means is that whilst you still owe the money the creditor has no legal means of enforcing the debt. (However, PLEASE WAIT for some other CAGers to come on and add their views). Please advise: If you are in England or Scotland. What court documents you have received I.E. repossession orders, CCJ's etc and their dates. Don't post it up at this stage, just state what you have and the dates. Hopefully others will come on here with more specific advice. 3. The DCA I have not heard of Henderson Booth & Snell but there are a lot of life forms in the pond! I would personally not reply at all. I would certainly not make them an offer and I would never submit an I&E to them or anybody other than a court if it ordered me to do so. An I&E gives them loads of information about you and allows them to identify weaknesses in your situation that they can exploit. Never talk to them. Not ever. If they ring put the phone down. If they call back leaved the phone off hook. All comms to be written. One other thing; it might be good idea to check your credit record with the three main agencies to see if you have any defaults showing with regard to this debt. Good Luck

Absolutely brilliant news. If you have a promotion already you are doing very well indeed. If this comes up answer honestly and I am sure you will be all right. I am so pleased it is going well for you.

Hi Just wondered how you have been getting on? Hope everything is OK.

Hi You must manage these people, not the other way around. That means: 1. Don't talk to them on the phone not ever. If they ring hang up. If they ring again, leave it off hook for a while. 2. Written communications only. Keep all correspondence and the envelopes they come in as the date of posting/type of delivery may be useful later on. 3. Never sign anything. In short, I also agree with themagician and emandcole.

Here is their wording in the T&c's with respect to suspect transactions: 6. REPORTING TRANSACTION DISPUTES 6.1 For information on reporting transaction disputes see the website. 6.2 If you believe that any of the transactions on your Account were unauthorised or incorrectly posted to your Account, you must notify us as soon as you become aware but not later than 13 months of the date of the debit. If the transaction in dispute is one where the exact amount of the transaction was unknown at the time of authorisation (e.g. car hire) the dispute must be advised to us within 8 weeks of the date of the debit after which your right to challenge a payment will expire. In all instances we will attempt to assist you with any qualifying dispute under the MasterCard scheme regulations. 6.3 Unless we have reason to suspect fraud, or deliberate or grossly negligent behaviour on your part we will refund the amount of the transaction within 10 business days until our investigation is complete. If a refund is made in respect of a transaction that later turns out to be genuine we will re-deduct the amount of the transaction from your Account plus we will charge you a fee of £20.00. 6.4 If our investigations show that there have been unauthorised or incorrectly executed transactions on your account and so long as your claim is made within the time limits specified in 6.2 you will not be liable for these sums.

hi Accesspwd I know what a pre paid credit card is. I was just asking who the provider was/what the brand is as I would like to go on line and look at their t&c's

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