What type of account is it that is being claimed as owing by the claimant? Who is the claimant?

Obviously complain that they have hit you with charges for being overdrawn for 8 minutes. Also give the bank the letter below (amend as required). While the bank couldn't care less is you starve, they can not take money that you need for utilities such as gas, electricity and water.

I think the first thing yout daughter needs to do is open another account with someone else. She can either open a basic bank account quite quickly (it takes about a week generally) or she can open a post office account to get her benefits paid into. If she can't open these before her next benefit payment then she needs to explain the situation to the DWP and they can arrange for payment to be made by giro as a one off. Once she has done that she then needs to start the process of reclaiming the charges. Does she currently have enough money until her next benefit payment for things like electricity and gas? Who has contacted you for information ratbag1970 and what information have they requested?

As the loan had been paid off they don't actually have to supply a copy of the agreement under a CCA request. As Alphageek states, you really need to send a SAR in your circumstances.

Well the first thing that strikes me is the 12 quid charge. In 2001 the charge wouldn't have been this amount. Catalogues, store cards and credit cards only reduced their charges to this level after the OFT made it's decision about charges and the fact that they wouldn't automatically consider a charge of 12 pounds as unfair. So what they have supplied you is not only unenforceable (because it's not executed by you), it would also appear to be complete conjecture on their behalf. I would make a complaint to TS and the OFT on those grounds.

Yes it would. Without seeing the document they have provided, it does sound very much as though you should be considering a complaint to Trading Standards and the OFT.

Have you considered making a complaint to the Local Government Ombudsman about your council not accepting payments? Local Government Ombudsman 23 Walker Street EDINBURGH EH3 7HX Telephone: 0131 225 5300 Fax: 0131 225 9495

The Civil Procedure Rules do not apply to Scotland. They only apply to England/Wales. It is the case that they can supply you with a true copy without signatures. However it must be a true copy and not purely conjecture. Without a copy of the original agreement it would be difficult for them to show that it is not purely conjecture. Also to enforce the agreement they would need to provide one that contains all the necessary prescribed terms and bears your signature. What exactly have they sent you?

TBH Citizens Advice are unlikely to be a lot of use in this matter. What you need is qualified legal advice.

Surely you mean the best fertiliser. Which would be the DCA as they are full of...

I would also suggest that you have a read of Monty's thread volvo. It should hopefully help you quite a bit in understanding the process and the style of defence you should be lodging. http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/138263-threat-legal-action-brechin.html

Legal aid falls into two categories. The first of these is advice, the second is representation. The criteria for qualifying for free advice is lower than that of being represented, so even if you don't entirely meet the criteria for legal aid you may be able to get some free advice from a solicitor. This is typical of MBNA. They are very aggressive in their approach. This after all is the company who believe that UK law does not apply to them as they are American owned

Skycab you need to start a thread of your own in order to receive the appropriate help and advice. You probably won't get a lot of attention by posting at the end of an old thread.

So having stated your intention to defend, when do you need to get your initial defence in by? Also are you in a position whereby you would qualify for any sort of legal aid? I ask this because ordinary cause actions are difficult to defend as a party litigant and if you are going to do so you will require to do a lot of reading.

I don't think the increases in limits were really very much to with bank charges claims but more a range of measures that have been brought in over the last year or so to update the scottish civil procedures in general as previously it was about 20 years since any major changes had been made to them. In an ideal world they would be expected to produce the original, however in practice judges are often willing to accept photocopies. Regarding keeping signatures from previous letters - often banks don't keep previous letters. I would also add that there only seem to be a few occurances where this has happened and it is far more likely to happen if you are dealing with a DCA than the actual creditor. Well that's what CAG is for, to give you a hand when you are tackling them

And what are the details of claim against you (this would be stated in the initial writ)?

If you are asking for a copy of the credit agreement as part of the SAR it is only prudent not to sign the SAR as it is very easy to just scan and paste a signature onto another document. There have been instances where it has been alleged that this has happened in the past when letters have been signed. In one instance the person had suffered an injury after the account had been taken out which meant they now used their other hand to write with (obviously this changed their handwriting and signature). After signing a letter when requesting a copy of the credit agreement a credit agreement was produced bearing their new considerably altered signature.

It changed to 3K in January 2008. 5K.

Do you mean they have charged you for defaulting you? If so you should claim this charge back as well. Sorry I don't understand what you mean. Are you trying to get the defaults removed as part of your charges claim?

Roughly how much is the claim against you for? Don't give an exact figure. What are the details of claim against you?

Yes. Their shouldn't be too much of a problem in them removing it as it's in their interests to do so.

As 42man states, please do write to Barclays chairman. You should outline the amount of time and expense you have gone to to get their mistake resolved as well as the anxiety and distress this matter has caused you e.g. not have money for employees wages, being passed from pillar to post, the rudeness and arrogance of their customer service staff, etc. At the very least they should offer you some sort of financial compensation, not to mention an apology. Send any correspondence recorded delivery.

Just for your info: You do not have to pay more money than the amount ordered by the court and set out in the instalment order. If a creditor wishes to vary the amount then Order 22 of the County Court Rules provides that a judgment creditor may apply to the district judge on notice for an order that the money if payable in one sum, be paid at an earlier date than that by which it is due. Or, if the money is payable by instalments, that it be paid in one sum or by larger instalments. Any such application must be made in writing stating the proposed terms and the grounds on which it is made. Also they would have had to serve a copy of the notice on you so that you could attend court and give your side.

RBS are slow at everything. I had a battle with them a while ago, mainly because once it got passed to collection they were so unreasonable. Due to their greed in not accepting my initial proposals they ended up having to accept my final proposal. My final proposal was for them to write the 10K off and discharge my liability for it.

Once a debt becomes statute barred you are under no obligation to pay it and, while a debt collection agency can ask you to pay it, once you have confirmed you won't be then that should be an end to the matter. If a DCA continue to ask for payment then that is harassment and they are breaking the law. If you don't write to them and confirm that you won't be paying then they will just continue to write letters and phone. Doing nothing is not really an option. This really is nothing to be concerned about. It is for them to prove that the account is not time barred and that they have a legal right to collect. Obviously they won't be able to do this. You do not have to prove anything and in writing to them you are in no way acknowledging that a debt exists, only that any debt would be time barred.