After the recent changes to unauthorised overdraft fees/charges, i believe every effort should be made to force the banks into repaying the money they have squeezed out of their customers, especially Lloyds. The fees/charges were disgraceful, £10 a day for a maximum of 8 days and then the interest on top, also a charge for being overdrawn was applied, basically there were months i received almost £90 in charges for being merely £20 overdrawn, it's downright disgusting that these banks have been allowed to get away with this for so long. I tried on a few occasions to arrange an overdraft but was refused, yet Lloyds were quite willing to allow me to go overdrawn without authorisation and squeeze out these fees from me. They are honestly a disgrace, and should be made to payback what they have taken, i would love for this to go the same way PPI did, so the FCA needs to make this happen.

New overdraft alerts as CMA banking rules come into force READ MORE HERE: https://www.gov.uk/government/news/new-overdraft-alerts-as-cma-banking-rules-come-into-force

Hi I had a current account with Lloyds, opened 2002. I stopped servicing this account in 2015, with an overdraft of £1,900. The account was assigned to Cabot 9 months ago. When I was notified of this assignment I wrote to Cabot to verify that they had the rights of the account and were in a position to request payment. I requested from Cabot copies of the original agreement I would have signed when it was set up, the terms and conditions, a full statement of the account, the notice of assignment and the default notice. After a long wait they have written back stating: "we contacted Lloyds for further information. Unfortunately, they have been unable to provide a copy of the agreement as when your account was opened, they were not obligated to retain this information" they include a few statements from 2014 to present there was no default notice they included a copy of the assignment notice Without the original agreement and terms how am I able to proceed , I would like to determine the charges applied etc and understand the terms Can I request the statements from day one of the account, or should I SAR Lloyds? I don't recall receiving a default notice, so I would like to see a copy of this too. What is the best form of reply here? Cabot end their letter: "I believe the evidence provided verifies the outstanding balance. " does it? Thanks

Hi All, Thank's for taking the time to read this. I know there's tons of information out there regarding such matters - and after much research, I think have a pretty good grasp of what needs to follow, but I'd really appreciate your advise or any input you have! The low down: 2012, low point in my life, lots of debt (I know, I've had my spanking). I have a perfect history for over 5 years now - so it's essential I avoid a CCJ at any cost! The debt was a current account / overdraft. It was defaulted in late 2012, on my credit report, it's showing settled with the bank in mid 2015, and the debt now falls under a new section under the name Lowell, with a default status as the same 2012 date. I have not made any contact, nor payments before the default was even issued. Ok, so first of all the claim form: ------------------------------------------------ Name of Claimant: Lowell Portfolio Date of Issue: 18/12/2017 Address for Sending Docs & payments: Lowell Solicitors PO Box Particulars of Claim: Author Document Debt assigned on XX/XX/15 by XXXXXXX Banking Group, and the claimant claims: 1. XXXX 2. Statutory interest pursuant to section 69 of the county courts act (1984) at a rate of 8.000%...... etc Ref: xxxxxxxxxxxxx ------------------------------------------------------------- I've purposely masked dates and figures, but if I've gone too far, let me know, and I'll fill in some of the blanks. Point 1 - is just a single figure, of lets say 3500. Point 2, Mentions the "banking group", but not the actual bank I was with, which is under a completely different name. That's it, nothing more. As you can see, they have been incredibly vague with the POC - this makes me think they know very little about the debt, and it's just a long shot on their part. Ok, so - generally, my plan of action is: 1) Sign into MCO and acknowledge (DONE) 2) Send A CPR 31.14,current account version (I'm not sure they even know it's a current account!) to Lowell solicitors PO Box 3) With the information I receive back - write up a defence. 4) If nothing is received back - Write up my defence, which will include failure to provide info specific to CPR and argue their claim is far too vague. I'm having trouble with the 31.14 - as in examples, you request the documents that are relevant / specified in the POC. But there's no mention of any, no agreements, letters, warning, default notices etc etc - it's so vague, I'm not exactly sure what I should be asking for! I would be so grateful for any advice/input on this! I also apologise as this turned into more waffle than I anticipated! Thank you! P

Hi, Hoping someone might know where I stand on this but I have a feeling I won't have a leg to stand on. Here goes my situation, Discovered today my account was over its overdraft by £471. In a complete panic I rushed to the bank to get a statement only to discover over 100 transactions from Amazon in the last 2 days. Turned out my 13 year old son had used my card and proceeded to use it for in app purchases. I have phoned hsbc to see how I stand on this they state that unless I get the police involved there is nothing they can do (which obviously I don't want to do as he has never done anything like this before and I really don't think he realised how much he had spent) that is fair enough I asked how they allowed my account to go so far over my overdraft, which is £1000, and continue to allow more and more transactions to go out. The reply I got you have to involve the police if you want it sorted. What annoys me most is that a few months ago I tried to make a transaction which would have taken me over my overdraft by about £15 (unwittingly) but was declined how or why on earth did they allow it to reach that limit and sting me with charges which they refuse to withdraw. I have a pretty poor credit rating so it would be considered irresponsible lending surely. Any ideas where to turn next ? TIA Gem77 P.s. Yes my son has had a very stern talking to and being punished accordingly.

Hi All Lowells have just offered me 50% off a £5k debt on an overdraft from 5yrs ago. I have a letter and also on their system it shows the 50%. I can pay either in full or in part by Direct debit. Are overdrafts harder to defend due to not needing a CCA? Or os the opposite true and it's harder for them to go to court with? They say this won't remove the full debt from my file. This is what they say: Note: If this account is on your credit file and you opt to pay the 'Discounted Balance' your credit file will be updated to show as 'Partially Satisfied' once your payment plan is successfully completed. If you choose to pay the Full Balance your credit file will be updated to show as 'Satisfied'. It may take up to 50 days for your credit file to be updated. If you do not maintain your payment plan, your discount will be removed. I am leaning toward accepting this if I can pay by DD in affordable amounts and with no interest. However, if I pay by DD it seems open to Lowell changing the terms mid way through. Am I correct in this concern? Based on reading here, most cases are mainly based on F&F payments not DD, but I assume I need to write letters and get it in writing that they confirm if I start payments via DD then it will be full and final "settled" on my credit file when the debt is repaid? Any other advice before I enter into communication on this? Lowell had 2 debts of mine from this bank. One CC and one overdraft. The CC has been cancelled due to no CCA. I actually had a loan from the same bank which was meant to consolidate the overdraft and CC. The bank gave me the loan based on them cancelling the CC and overdraft. They said it was a requirement for approval of the loan from the underwriter. They did neither and I crept back into debt with both. Thanks again all. D

Hi all, Hope this is in the right place... With the new Halifax overdraft charges I am seriously struggling as my OD is almost £3k I would like to know if there is a letter or anything I can send them to offer them a sum every month and to stop the charges from accruing while I am paying it off? Any help much appreciated. Cheers

Hi, I've not been on this site for a while!. Does anyone have any experience with the PRA Group? I have a balance of £1297.80 from an old overdraft with Halifax/Lloyds TSB. The original default notice from the Halifax was 17/8/2011. I have been paying the PRA Group £5 per month as a token payment. PAR Group have now offered a measly 10% discount in full and final settlement. I've recently come to an agreement with another DCA and that was nearly 50% discounted . In the past I have offered to pay 30% of the debt to PRA Group but they have declined. The debt has been passed from pillar to post so they probably have paid peanuts for it. Just wondered if anyone can offer any suggestions as to how to tackle them?

I have a default of £2,976 with Natwest. £1,176 of which is made from fee's from when I went over my overdraft limit and then couldn't afford to pay enough money back to the bank to be able to get myself back under the limit. I accrued the overdraft while at Uni. This was a student account to start of with. The first time I went over the limit was in May 2011. My owed balance went up from £1767 to over £3000 in the space of 8 months. Even though I complained to the bank that this was spiralling out of control and I didn't know what to do. They just said you need to pay it back now to get under your overdraft limit. I couldn't afford this, I was only just breaking even at the end of every month anyway. I am now finally in a place financially where I can actually start paying something back. However, I am unsure as to how to go about this. I have already had debt collectors (Robinson Way) trying to contact me. This was about 2 years ago. Can anyone advise me on what to do? What about the fee's of approx. 140 a month will I need to pay all this back? This has been troubling me for a long time and I want it sorted as I really want to try getting my credit record in order to enable me to get a mortgage. Any help would be greatly appreciated.

Name of the Claimant ? Arrow Global Limited Date of issue – 13/07/2016 What is the claim for – 1.The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and HSBC dated on or about Jul 26 2003 and assigned to the Claimant on Feb 26 2013 PARTICULARS a/c no – xxxxxx/xxxxxxxx DATE ITEM VALUE 15/03/2016 Default Balance 3500.00 Post Refrl Cr NIL TOTAL 3500.00 What is the value of the claim? £3700 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft. However, according to Restons, HSBC consolidated a Credit Card into the Overdraft before they sold the debt on to Arrow Global. When did you enter into the original agreement before or after 2007? Before (2003) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned to Arrow Global who issued claim in July 2016 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? I can’t remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Ran out of money so stopped debt management plan What was the date of your last payment? June 2014 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I was in a debt management plan from 2008 to 2014 Upon receiving the claim in July 2016, I submitted CPR and got a fairly unhelpful response, they said, “You would have been provided with a copy of the contractual Terms and Conditions at the time the overdraft facility was opened and hence we see no reason why you now require an additional copy.” I submitted my defence on time, which was as follows :- 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claim is denied with regards to any amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14. To date I have yet to receive the requested paperwork. Therefore with the courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief; (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Restons have now responded with the following 2 letters in August and September. In the September letter, they mention that the amount claimed is an Overdraft consolidated with a Credit Card. However, the original claim was under the single Overdraft account number. Still no sign of any Contractual Terms and Conditions at the time the overdraft facility was opened. FD Aug 23.pdf FD Sep 20.pdf

Dear All, I've read numerous threads on here of people in a similar situation, and everyone seems to know exactly what to do. Me? Nope, I've turned to jelly and don't know what to do. I received a County Court form on Friday. I've detailed more below: Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd Date of issue – 30th August 2016 Date of issue - 30th August 2016 Date to acknowledge by - 19th September 2016 Date to submit defence - 30th September 2016 What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £419.13 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXX The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. The claimant claims 1. The sum of £419.13 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 18/05/2012 to the date hereof 1559 is the sum of £143.27 3. Future interest accruing at the daily rate of £ .09 4. Costs What is the value of the claim? £692.40 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to MKDP LLC originally, who seems to have then sold it on to Hoist Portfolio Holdings 2 Ltd Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, from Lloyds to MKDP LLC, not to Hoist. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, I don’t think so Why did you cease payments? At the time numerous Payday lenders were raiding the account, I requested help from Lloyds TSB (verbally), they refused to help, I abandoned the account beginning 2011, charges from payday lenders' activities causing bank account to go overdrawn started to rise. (If I recall correctly, by overdraft limit was £100). Lloyds TSB started chasing me on phone, I complained that I had requested help, that the amount was purely bank charges - Lloyds TSB not interested, just wanted payment. What was the date of your last payment? Approximately June 2011. Was there a dispute with the original creditor that remains unresolved? Yes, a verbal one though. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No plan entered into with them. Had spoken to them on the phone, they were not interested, just wanted payment for the overdrawn fees. My bank account was being raided, I changed banks as Lloyds TSB were refusing to stop the payday lenders from raiding the account, everytime a payday lender would raid it, it would go over limit, then Lloyds TSB refunded the payment, added their overdrawn charge on it, pushing it back overdrawn, then they'd add more interest and more overdrawn fees. I really don't know what to do here now. I'm about 11 months away from having all traces of payday lenders off my credit file, 13 months away from my last default falling off. I can really do with not having a CCJ on my hands. It makes me so sad/angry how after all these years, payday lenders have come back to bite me in the behind. So, I have a few options if I wanted to pay them: 1. I'm getting my annual bonus at the end of September. I could pay them (Would it be for the total of £692.40?) This would result in no CCJ. 2. Perhaps a Tomlin order? How would I request this? 3. Defend? I don't really have anything to defend do I? 4. Option 4? Is there one? I'm going to be reading even more on the forum, but I'm lost. I'd really appreciate some advice/help.

Hi, I stumbled across this website and I hope you can help me. I'll be so greatful if you can. I have a defaulted Lloyds account which I last used in 2007, and in oct 2013 it defaulted. The overdraft had grown from about £250 to over £1600. I received not a single letter... .up until 2013 when I got one from a credit collector demanding I repay it. I have been arguing it is statute barred for some time now, and they have supplied me with statements showing no activity since 2007 and a steadily increasing debt. It defaulted shortly after maxing out and defaulted. I seem to be going round in circles, after reading what feels like the whole internet on this topic, my point is that LLoyds could have taken action after a nominal two years of inactivity, thus starting the SB clock. Is lloyds had withdrawn the account as per their own T&C then it would have defaulted a long time ago, and been a much smaller debt. Do you think that is a fair argument? If it is, clearly it's not in their interest to agree, so how do I force the issue as I don't want this to go on another 2 years! Thanks for any help you can offer

Hi, I had a previous bank account (but not old enough to be SB) with HSBC which was overdrawn by a large amount. Negotiations to sort things out with HSBC broke down and I've not heard anything from them for 3 years, and have since moved. I came home yesterday to a claim form (dated 29th August) from MKDP LLP who now appear to own the account. I presume they have traced me, but I have had no prior correspondence from them. The amount claimed is a lot higher than the overdraft was, so will doubtless include countless fees. The particulars of claim are 'The Claimant claims the sum of being monies due from the defendant(s) to under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the claimant on . The defendant(s) account number was . It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant(s) has failed to make payment as required by the demand for payment sent by . The claimant claims the sum of and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction'. No other supporting documents are included, which I suspect is because there aren't any - the overdraft was originally agreed back in 2001 entirely over the phone and I never signed anything or was sent any specific terms before having it. I'm think defend is the way forward as I definitely do not owe the figure claimed, but I don't know what the actual figure should be so I can't really claim partial admission since I don't know how much to admit, which leaves full defence as the only option, and if they don't back down, a full & final settlement offer to try and avoid a CCJ being issued. I understand that section 77 requests are not relevant to an overdraft, but do I have any other rights under the CCA to demand supporting documentation for the claim and would I be able to use failure to supply this as a defence as you can with a failed section 77 request? Some advice on the best way to approach this would be appreciated!

Can anyone please advise on what I can do about a HSBC overdraft. I have recently lost my job and currently unemployed.A few bills, mortgage, credit card and a car loan will very quickly eat up what little savings I have. I have sent a template letter to the loan and credit card asking for 6 months interest free grace and I am hoping that they will agree. My HSBC overdraft is currently at circa £2,200 - the limit agreed is £2,000. I have £1,000 in a savings account. Should I write to HSBC and explain the situation and then use the savings for this months mortgage and food. Or should i stay within my overdraft first and foremost? I know that no one will be happy but there is little else that I can do other than being honest and try to get a job. Any advice gratefully recieved.

Hello, I went 29p into my unplanned overdraft in the early hours of Wednesday morning. I got money in this morning and the 29p was taken out. I am wondering if Halifax will charge me for 3/4 days worth of unplanned overdraft fees?

Hi guys, Really feeling a bit as though I'm in over my head and could do with a bit of help from you. Without going into masses of detail straight off the bat, the background is:- In 2005, I got into difficulty and my bank wrapped up all my credit card debt, overdraft, and loan into a 'managed loan', total of which was circa £10K. Fast forward to 2011, I was again in trouble, had an accident in August 2010 in which I broke both legs, which was the start of the slippery slope and to cut a long story short, I defaulted on this loan, of which there was £3193.00 outstanding. Also took a parachute account and left my current account, which was £59.00 O/D. Various letters received over the years but I've now had one from a notable Solicitors which appear frequently on these pages. Claiming £3252.00 for an overdraft, how convenient. I sent a letter back requesting that they comply with pre-action protocol and stating that as I have never had an overdraft even approaching that amount, could they provide the detail. They have responded basically telling me to review my own paperwork etc. Can you help me please?

Hi guys, hoping to get some advice - if anyone has a bit of spare time to read through and make any suggestions it would be very much appreciated. Please see the info below for the current situation: Claim issued by Cabot Financial (UK) Limited Date of issue – 8th Feb + 19 days = 26th Feb, + 14 days = 4pm Friday 10th [revised - dx] Particulars - "Monies due under current account overdraft. 1.THe claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bank agreed to maintain for the defendant. It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand. The defendant has failed to repay the amount due. The debt was assigned to the Claimant." Value of claim - £1000 - this includes the overdraft amount of £850 and court and legal representative costs of just under £150 Overdraft from a basic current account Account opened 2013 Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, went through a phase of not opening letters and moving address Context - this was a basic account with no arranged overdraft facility. I was suffering from an addiction at the time which meant I uncontrollably spent all money effectively as soon as it was available, however I was able to go £900 overdrawn on the account (not a planned or arranged OD, this would definitely have been rejected if applied for). Account has not been used since 2014. I have sent no communication to either Yorkshire Bank or Cabot. Is the first step to send a CPR31.14 to Mortimer Clarke (listed as solicitors on the form)? I don't expect to be able to defend it successfully as I do owe the money, if I am going to lose the case my best option seems to be to try and delay any judgement for 3/4 months, by which time I will have saved the money and then can pay it within a month after the judgement which therefore it means it won't show on my credit report - is this correct? Many thanks for any help.

i suffer from heart condition my wife had an op 18months ago and we are slowly getting in more debt as she was off sick for four months and just ssp i took out credit cards etc to keep us going now we are paying so much out each month two weeks ago i bought some shoes clothes for us both on a catalogue as we hardly had anything, we have a santander overdraft £600 which is nearly used 90 percent of the debts are in my name and just £500 in my wifes name keep wanting to sort things out but scared to do so my wife works i trying to secure work dunno how to cope with this i could not get a simple bank account as still got overdraft with santander have set up a cashplus account so wifes wages can go in that just scared of the phonecalls which will come etc when we start sorting this mess out we have £4700 in debt total, want to pay it back its our mess but need to sort budget and be able to live but pay back our mess up pls help

Hi, just after a bit of advice really, I received a claim form last week for a debt of £300 or so that has resulted from bank charges and interest on a Nationwide account, the account was in credit when a charge took it overdrawn, further charges and interest then grew the negative balance to around £300 until the account was closed/suspended in 2011. As the basis of the debt is from charges that may/may not be illegal? (probably for missing a direct debit) - would there be any point in contesting the claim? I know its not alot of money but I am trying to deal with my historic debts so any that I can avoid will allow me to do this sooner! Regards Gary

Hi Hopefully someone can give me some advice concerning the above. My husband had an account with the Natwest even before we were married in 1981. When we married he added my name to the account. Over the years my husband has used this account himself and I have my own bank account. My husband unfortunately passed away suddenly on the 19th of January this year which has been really traumatic. My husband had a £2,800 overdraft with them but I have been told that because the account is in joint names the account will go into my name and someone will write to me (basically debt collector) to work out how much to pay them. I know they are well within their rights to do this but as I have hardly used the account it is annoying and I cannot afford to be making payments to pay off the overdraft. My husband died relatively young at 63. Has anyone advice or been through this situation before? Do you think that we take a one off payment and how much would it normally be do you think. My Dad might be able to give me £1,000 which is good of him because he also paid for the funeral. Many thanks in advance. There is a lot I have had to deal with recently and I could do with some help. My husband was the mainstay of our family and now he has gone its like I am on the edge of a cliff waiting to fall.

I returned my partner's account to zero early last year. Unfortunately there was a pending charge, and my partner didn't use her account or check the balance again until late last year. It had ballooned into a large amount of overdraft from that one pending charge. Barclays were unwilling to generously be sensible about it, and my partner wouldn't accept the terms of my offer of help, which was that I'd return it to zero (for the nth time) if she closes her account, as Barclays don't deserve our blood to suck on, and she doesn't need a spare account. Since then I imagine it's continued to balloon. I imagine DCAs and court action have happened or will happen soon. My options are: 1) Cave in and pay. 2) Refuse to cave in. Tell her to point out she has no income of her own, and they should accept the one charge with say a staggering 100% annual APR added, which is still a lot less than they want but they're still accepting something that sounds eye watering. I have no idea about implications to credit ratings, so I think that will influence the decision. Thank you very much for any advice.

Hi, I have just been issued with a claimform from Robinson Way Ltd, I am considering fighting the debt for two reasons I would like any advise on whether I have a leg to stand on with any of my reasons and if anyone would recommend or recommend against doing so. 1. The debt of £1573.05 is originally from an approximate £50.00 unauthorised overdraft from Lloyds bank, the first reason I have for fighting the debt is that it is mostly made up of overdraft charges that since receiving them where found to be illegal (If you remember back in 2011 ish everyone was claiming their overdraft charges back). 2. The second reason is that this debt is over 6 years old, I cannot remember the actual date, but the problem is somebody (I think my sister) accidentally transferred money into that account on 13/05/2011 and they are taking that as a payment and therefore saying that is the last time the account was defaulted. I am thinking that because this money didn't come from me and that I didn't know about it until afterwards that it shouldn't be counted as a payment the that the default date should be the original which is over 6 years ago. If you think that these are valid reasons to fight the account please let me know, and the the same if you think I am wrong and that I should pay the amount before the CCJ goes into affect 14 days from today.

Hi All, I am being chased by Cabot for overdraft defaulted 2008. I have received the SAR from the OC and there is nothing in the SAR to show terminated/default date etc. There are no copies of any letters sent to me and no notice of assignments. Should these documents be included in a SAR request or have they been shredded? There doesn't appear to be any agreements either for the bank account (opened originally in 1984) I am just deciding if I should resume paying as have just come out of a DMP.

hi has anyone had any experience re a cca request re an overdraft subject to the amended consumer credit act which now requires an agreement for o/d's ie no 'exemption'.

Name of the Claimant - H Cohen Solicitors, Hoist 2 Ltd. Original creditor MKDP LLp (Ex HSBC). Date of issue: 12th September Acknowledgement submitted. What is the claim for – the reason they have issued the claim? This claim is for the sum of £1089 in respect of monies owed pertinent to an overdraft facility under bank account number x. The debt was legally assigned by MKDP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdraft sums owing under the terms and conditions of the bank account. The Claimant claim: 1. The sum of £1089 2. Interest charges persunt of the county court act 1964 at a rate of 8% from 24/09/12 to the date hereof 1436 is the sum of £343.06. 3. Future interest at the daily rate of .24 4. costs. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Account set up in early 2000s Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure. Why did you cease payments? I didn't, I was a student conducting fieldwork abroad. The overdraft was within its limit, but not enough money was paid into it. Whilst away, HSBC closed the overdraft facility and demanded full payment. (OD Limit was £1500, amount in account was -£1090) What was the date of your last payment? Early 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Unsure. Hello and thank you for any help. I am a UK citizen but have been living and working abroad for three years - Estonia and Hungary. This is making it very hard for me to deal with this... I was unaware of being chased for this debt. I recently found out about a court summons as post was forwarded to a family member. I called Cohen and Hoist about this debt asking for documents to prove to me the age and the fact it is mine and they said they did not have these. The debt is from 2012, I tried to get access to my statutory C report but as I am a resident abroad this is very difficult and basically is not possible. I have sent a CCA request and CPR 31.14. These were only sent today. I have very little time to submit my defense. I have a defense written - can I submit this even though the solicitors have not had the time to respond? I basically want to say - I don't know what this is, I would like them to show me documentation. 1. I received the claim xxxxxx from the Northampton County Court on 12th September. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 4.(a). The defendant is unable to reconcile the amount claimed with any account he may have had with the original credit and remains at a disadvantage not having access to relevant record. 5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies. - I am well out of my comfort zone here, this process has caused considerable stress in the last week, please excuse any ignorance on my side! - I am really struggling with this - is what I have written above logical? Is there something wrong with this, should I be doing something else? What happens next - where does the process go from here? Thank you very much for any help.