For how long? I've seen that they are very aggressive with regards to serving court claims. A CCJ isn't going to be ideal... but you reckon ignoring them is the best advice?

I'd rather not give the amount, I know debt collectors read all these forums. But I worked out the o/d fees and interest charged makes up a third of the balance. I've already complained about them phoning non stop but had no reply. Just the continued calls and texts all day long. Would a 'prove it' letter help? Just to buy me some more time? Ignoring them isn't working.

Hi, I've had a letter of assignment from Cabot for a overdraft which defaulted 2 years ago. It was an old student account turned graduate account that I stopped repaying when it went from interest free to £90/month. I'd just like to know what, if any, my options are? I calculated that about a third of the balance is made up of interest and charges. I disputed these with the FOS recently and they didn't uphold my case despite proof of them causing financial hardship. I can't make any payments atm because I'm out of work. Are Cabot likely to serve a CCJ claim on me quite quickly or do they hold off for a while? This won't be statute barred for another 3 and half years so I doubt they'll wait that long. Is ignoring them the best policy in the interim, or do I tell them I'm broke and unemployed, or just go on the defensive and start requesting all the documents etc? I'm aware overdrafts aren't covered under the CCA so they don't have to provide any agreement, is that right? What about the terms and conditions under the CCA 2006? Sorry, so many questions. I just don't know how best to approach this. Thanks

I'll try, not sure if you'll be able to reply

Keep us posted along the way. Initiating legal action is the most effective way to go now. The FOS are far too soft, inconsistent and incredibly slow. Go straight for the jugular!

There was a non-disclosure term in the settlement... can't you guess who it is though from the rhyme?!

The lender rhymes with... ermmm.... Layway Today

You probably also have a case against them for irresponsible lending of unaffordable loans. If you had other debts at the time and were using payday loans to pay off other debts, I'd put a claim in for your interest back. I think taking legal is best course of action. It's really not at all as daunting as it sounds. I would bypass the FOS and ICO altogether. If they don't respond by the SAR due date, do as BankFodder suggests and send them a letter before action. You can have two aspects to one claim as it falls under the same account... their breach of the DPA and irresponsible lending. These idiots will NOT want to be taken to court and will in all likelihood settle your claim in full before it's even submitted.

Hi Benny, Did you also send them a copy by email? It's not completely necessary but companies like this use registered offices which just forward mail to another location. Either way, it's time to start the litigation process, starting with your letter of intended legal action (Notice Before Action). This letter should be straight to the point. Ensure it is extremely clear what they need to do to prevent legal action, together with a brief explanation of why they are in the wrong (legally) and allow them exactly 14 days from the date on your letter. Inform them if they do not settle the matter satisfactorily, or respond within this time frame, you will submit your claim against them to the County Court via Moneyclaim online. All costs and fees will be added to the sum of compensation you are demanding plus 8% statutory interest from the date the credit entry should have been removed. I'd send it to their registered office again, but also send it to their contact email addresses. Title it accordingly with an added 'Immediate action required, do not ignore' to get their attention. See if they reply to that. If not, you can then go straight ahead with submitting the N1 claim form to the court.

Wrong! A CCJ cannot simply be enforced by a claimant after the order, even if it is made forthwith. They must apply for enforcement through the courts and pay the fee. This can only be done AFTER 30 days of the date of the order and non-payment. Your suggestion that enforcement can be taken as soon as a payment isn't made and in less than 30 days is utter nonsense. Yes appeals must be made within 21 days of an order, but that has nothing to do with payment timescales, enforcement, or the registration of a CCJ.

This is splitting hairs a bit. An CCJ is totally meaningless until 30 days has passed. It is just a placeholder. In effect, said CCJ is never going to be registered therefore it is null and void.

Part Admission doesn't automatically result in a CCJ. A CCJ isn't registered anywhere unless you fail to pay a judgement order within 30 days of the order date. Even then, it is the Claimant who has to apply to register the CCJ against you. If you have an order against you, you should receive a 'General Form of Judgement or Order' letter from the court. This letter is what matters and should tell you what exactly has been ordered, how much you have to pay, and the date it was ordered. Don't trust the court to send this promptly, better to phone them early if you haven't received it or query what the order, if any yet, is for. Also DO NOT trust the claimant if they say they have accepted a settlement. You require them to prove they have discontinued the claim if this is the case. Otherwise you could be in for a nasty surprise later on.

They haven't dissolved, that's just a trading name of the parent companies, Instant Cash Loans Limited and Dollar Financial Group.

There are various templates out there but's it's much better and probably easier to write your own. It's along the same lines of your formal complaint but more succinct. Cross that bridge if/when you come to it.

I would add that the account is statute barred and your complaint is not an admission of any liability to them. I'd also remove the part about the FOS and ICO, you can't take your complaint to the FOS after 14 days, you have to wait the full 8 weeks. You also can't do both at the same time. Just say, if this can't be resolved within 14 days, legal action will be considered as time is of a necessity. Then you're good to go I think. If you don't get the response you're after, then fire off the Notice of Intended Legal Action, which is straight to the point.