Howdy all! Long and short of it is, for years I had an account with Abbey National, then changed to Abbey obviously. I went to Uni and had an overdraft with them of about £1500. When I left uni I didn't have the money to pay off the overdraft, but stupidly had my pay put into another basic savings account which eventually Abbey decided to swipe £700 pounds out of to service the other debt which by now had defaulted (I believe). After that I didn't go near Abbey accounts again and set up one elsewhere. The question I have is, the debt hasn't been transferred to a DCA but I get yearly statements from Santander saying that the balance is "X" and the letter says they have to send me this yearly to keep me up to date. I'm certain there are charges on this account that I could claim back but not enough to wipe out the debt, so I'm wondering if the debt is unenforceable despite the fact it's only an overdraft - does it work the same as a credit agreement? An overdraft is a form of credit, no? Any advice would be great and I'll try and answer any questions as best I can. Thanks

Hi, I've recently been helping my partner (who's not the most organised when it comes to money) review her outgoings. In doing so, I noticed she was paying £14.00 monthly for Overdraft PPI....and has been since 1999 when she returned to work part-time once her son reached school age. She can't remember asking for this insurance and has never claimed on it. I believe she was mis-sold it on the basis she believed it to be compulsory. We've now cancelled the policy and the DD. Is it best to use the online Barclays questionnaire to claim a refund ? Any tips on filling this out, please? Thanks in advance, Stan

Just wondered if someone could give me some advice about maybe looking into claiming some of my bank charges back - interest back which my bank takes off me each month. - (If I can or cannot do it) I have had a overdraft on my account now since being at university some 20 years ago, it started as a student overdraft at £200, and I fell into the trap of Natwest putting up year after year after year without my consent via a letter until now its £2500. ..At the moment im always at the limit of my overdraft come payday and I dont earn enough to pay the overdraft off.... I have current charges of about £33 month and a £6 admin fee (Its a arranged overdraft). Im now come to the point where I want live with my long term partner and pay the debt off and close my account down... Just wondered if I can claim any of these charges back. ie, they have given me a overdraft and ive not being able to pay it off complaint or they gave me a overdraft and they have increased it year on year with out my consent complaint. Ive read that you can put a complaint in for financial hardship but the £40 fees thats been coming out of my account I have been budgeting for the last 5/10 years, ive just never had the money in my account to cover paying the debt off.. Any advice greatly appreciated....

Hi All, I've had Lowell and Carter lodge a claim for £1,450 against me for an unpaid overdraft on behalf of Lloyds TSB in November. I acknowledged the claim online and later then submitted a defense to the tune of I do not recognise I owe this debt and that I am unable to defend myself unless proof of the debt is disclosed and that it is the claimants obligation to provided the defendant proof. The defense was accepted by the court and a DX was sent out to which I returned and opted yes to meditation and to allocate to my local county court. In the meantime I emailed Lowell and Carter about the fact they still have not provided any evidence that this debt even exists and that I am unwilling to enter any discussions or meditation until this is produced. A couple of days ago they e-mailed me back with this ------------------------------- Thank you for your email. We are seeking our client’s further instructions regarding your request for evidence however it is our understanding that it is the policy of the Original Creditor to provide its customers with agreements at the point of contract and statements throughout the duration of the account; consequently, you have previously been provided with validation of the debt and you are referred to your own records for the same. We trust this clarifies matters. Yours sincerely ------------------------------- This got my back up obviously as from my interpretation of this e-mail is it is up to me to seek this out myself so I e-mailed them back the below copying in the court e-mail with my claim number ------------------------------- Thank you for your response, I would like to remind you that it is not the original creditor trying to obtain a judgement against me through the small claims court. Are you telling me Is it your policy to take on instructions from your clients for commencement of legal proceedings without sight of any proof that the alleged debt is actually owed then? If I have been supplied with validation of the debt (To which I do not recall) Then I am sure that you will be able to speak to your client who sent this originally and reproduce this without a problem then proving to me and the court that this debt in fact exists as despite numerous requests I have yet to see it, and forgive me being the dubious person I am I fail to take your word for it that I have been 'provided with this before'. This is not the remit of either myself or the alleged original creditor (Lloyds) this is the responsibility of Lowell/Bryan Carter to prove beyond all doubt that this debt exists if you think I will be bullied into thinking any other way you are very mistaken. I await your response. I also trust this clarifies matters too. ------------------------------- I maybe should have been a bit more professional but they just seem to think it's okay to bully people into paying debts they potentially do not owe. Has anyone seen this before, do they have any proof on this debt? Surely they'd have this to hand if they did? Thanks!

Hi All, my wife has been receiving letters from Wescots, chasing an old Natwest Overdraft. It was from a joint account that was closed by Natwest in 2007. While we were a bit daft, we had been paying it off through a company called Apex. After finding this group back in 2014, and realising we were being 'cash cowed', we stopped payments. Although this was a joint account we were both chased for the full amount of the overdraft. The whole amount of the overdraft was combined with a personal loan I had, and this has been dealt with in the county court. I have a charge on my property, and am making payment through Shoesmiths. My question is, has this overdraft debt been dealt with ?. If not, how do I proceed with Wescot, who seem to have the same address as Cabot. And I've heard Wescots are not beyond contacting your neighbours,to get information about you. Regards... Dave G

Hello Folks, I have about 4 Defaults on my credit report. A friend told me i can negotiate by offering 10% of the money owed to each of them. In turn, they will remove my name from credit agencies. Is this true? Please assist.

Hi Wondered if anyone would have any advice regarding an old overdraft account that I had back in 2001, I stopped using this account about 2003/2004 as registered with a new bank and completely forgot all about this account. I checked my credit file and had noticed that in 2011 the Bank of Scotland registered 1 default against me for £849 and the default date is registered as 01/03/11 which is nearly 8 years later. Then there was another entry from 1st Credit a DCA the following month for an amount of £850 for the same debt with the default date of 01/03/11. Can they do this ??? this is having a severe effect on me obtaining a loan via the bank that I have been with since 2003/4. I moved address in 2013 and since then 1st Credit have been chasing me advising they bought the Debt from the bank. As this was for an overdraft I'm struggling to find any information on were I stand. Today I sent a request to the bank for a breakdown of the account and a copy of the default notice that was seemly issued but i have never seen!!!!. Any help or pointers on were to obtain some information regarding this would be so gratefully received.... Thanks

Hi I have read some of the threads and hope people might be able to help me. Last weekend I received a County Claim Form for an overdraft I had with Santander. I defaulted on this in April/May 2009. I have spoken to National Debt Line and I am speaking to CAB on Monday to get advice. They have suggested it could be statute barred if I haven't made a payment or communicated with them in writing in that time (despite that I may have spoken to them on the phone or ignored letters/calls) I had other accounts and credit cards etc default at a similar time, some I subsequently paid off, others I ignored and they went away etc. This one hasn't. It's been passed to different companies and has now resulted in the form being sent. I threw a lot of old letters away as I had literally hundreds of them. This default has now fallen off my credit history. However I have found an printed version of it from 2013 which shows that the outstanding balance was less than the default balance, and was last updated in May 2010. I have asked my bank for a copy of all bank statements to see if I have made a payment but won't get these until next week. Reading on here I have seen people saying about asking for documents to try and defend. I won't ask a silly question if this is worth doing, could just do with some pointers about what I need to do The info requested of me is here. Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd Date of issue – 3rd June 2015 Date of issue - 3 June 2015 Date to acknowledge by - 22 June 2015 Date to submit defence - 6 July 2015 What is the claim for – the reason they have issued the claim? The claim is for the sum of 1,776.92 in respect of monies owing to an overdraft facility under account number XXXXXX XXXXXXXX The debt was legally assigned by Santander UK PLC 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 The sum of 1,776.92 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of X percent from the XX/XX/XXXX to the date hereof X days is the sum of X.XX 3. Daily interest at the rate of .XX Costs What is the value of the claim? 1,776,92. With costs it is 1,967.76 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? Before 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 others, and then received assignment notice for this debt purchaser and claim issued by debt purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 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, I don’t think so Why did you cease payments? Lost job, other financial debts, they all got ignored for a while and subsequent defaults What was the date of your last payment? Not sure - sent off for copy of bank transactions this week from current account to check if I have made a payment. 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? No plan entered into with them. May have spoken to them on the phone 5/6 years ago but I was getting several calls from different places so cannot be sure. Thanks in advance of any help or advice people might be able to give. EDIT - I realise I have come to post this late but it was only whilst thinking of this over and over before speaking to the CAB next week that I googled the companies and found this forum.

Halifax is imposing a fee of £1 a day from arranged overdrafts of £0.01 to £1,999 as from 1st Dec 2015. No interest rate is charged. So if one has an arranged overdraft of £100 and goes overdrawn by £0.10, a fee of £1 will be charged and by 100 days, this £0.10 becomes a unarranged overdraft for which a fee of £5.00 is faced. Is this imposing excessive charges or treating customers unfairly??

Hi I have just received a letter with cheque attached from Santander stating that 'while reviewing my closed business account they have noticed they applied the wrong interest to the unauthorised overdraft on a business account between 2009 to 2014.' Now this account was closed after being paid in full in 2014, but what they have refunded is the difference between the wrong interest and the correct interest and then have applied interest to that as accrued to current date. While this is OK, my question is would I be entitled to compensation on this error as well as any charges on the account that were applied. The additional interest that I had to pay off at the time certainly delayed the settlement due to the extra interest added by them and this was at a time of hardship . I did not have use of that money for use by my family as it was paid to Santander, and it prolonged the time that it was reflected on my credit report. My thoughts are to request copy statements from them for the time period noted and details of charges applied so that I can check what they are referring to, details of how they have calculated the refund, have they included the amount of interest applied to the incorrect interest, along with a request for compensation for the hardship stress and lack of use incurred by their error. Any thoughts and additional suggestions on this would be appreciated along with what level of compensation would be reasonable to expect/ request. Thanks in advance for your thoughts and comments

Hi all, Here's the situation: Opened a student account in 2007 with full overdraft and extended this a couple of times as per the normal rules and up to the max available limit of £2000 Ever since graduating have had financial difficulties with other credit cards and payday loans which are now (thankfully!) resolved. This is my last debt and i want to get rid, i want to pay it off but Natwest don't seem to want to help. I have already opened another account with first direct and have switched over my wages and other regular s/o and d/d so my ongoing financial commitments are covered. Currently, the account balance is around £2050 - incidentally, it was fees and interest that took me over the agreed limit - something that happens almost every month - (last month was charged over £100 in fees alone. I want to pay what i owe them back - but so far their only communication has been a request to settle outstanding funds within 7 days - and whilst i'm in better financial position than i was, i haven't got the ability to rustle up that kind of money. Similarly, a telephone conversation this afternoon basically stated that i should just keep paying off in dribs and drabs until the overdraft is cleared. Nevertheless, all i want is an agreement in writing saying x amount to be paid monthly until the outstanding is cleared. Will be keeping all communication in writing in the future. How do i proceed? Any help would be hugely appreciated!

My son had a student account with Halifax when he first went to university. Sadly, due to mental health problems, now diagnosed as bipolar disorder, he dropped out of university. Halifax agreed to freeze the account. In recent months his health has deteriorated again, and he is now claiming Employment and Support Allowance and living back at home with us. Halifax have recently decided to charge him £16 per month for the overdraft, but as this month's payment has put him into 'Unplanned Overdraft' he has been charged another £5 per day on top of this, so the debt is now mounting . I've put some funds into the account to try and alleviate the situation, but wondering what we can do next. He's not in any fit state today to speak to anyone at the bank.

I will try and keep this short! Ive been banking with Barclays since 1995 and there have been good and some not so good times! I've always had an overdraft. Last year when they introduced the new fees my monthly interest went from approx £11 to about £48 per month! I wrote to them in Sept and explained I was already struggling and asked if they could freeze the interest and in return I would pay £50 per month which would reduce the balance of the overdraft- I asked for 6 months and then for it to be reviewed. They acknowledge my complaint but I did not hear from them for several months, apparently they wrote to me in November but I did get the letter and also my father passed away on December 12th and was gravely ill for weeks leading up to this so it wasn't really on my mind. I contacted them in February and asked what was happening and they then sent another copy of the letter and a cheque for £50 for the delay. In the meantime I had been making the payments of £50 per month without an arrangement in place but they had not frozen the interest. The letter rejected my request and therefore I contact the FOS. After what seems like forever in May the FOS ruled in my favour and ordered Barclays to refund the charges from September and pay me £75 compensation. Now the other issue was that up until March Barclays had never in 20 years reported the running of my account to a credit reference agency but in March they decided to withdraw my overdraft and report this via the CRA's it it looked like I was £1300 OD against a limit of ZERO and also 5 payments behind! They were also ordered to make an arrangement with me, change my credit file from March to show an arrangement and show my overdraft limit. I made a formal arrangement to pay the balance in 6 months at £150 per month, more than I can afford but they would not accept less! It is now nearly September and whilst Equifax shows and arrangement since March, the balance is incorrect - it shows £1268 when its now just £550. Experian hasn't been updated at all and I only found this out because I have good credit outside of this and I want to pay a house, I applied for a agreement in principle and was declined due to this information showing me 5 payments behind! I lost the house I wanted! I recontacted the FOS who all along have been very lenient on Barclays and the advisor was actually trying to tell my that its the way Experian report and therefore not Barclays fault. She also said she was surprised I could get a mortgage with an arrangement showing but Ive been assured once this is sorted it is all fine. I insisted she go back to Barclays and she said she emailed them but they didnt come back to her and now shes gone on holiday for 3 weeks! Barclays will not discuss this matter with me directly. I just dont know what to do? this has been going for a year! Barclays just seem intent on making this as difficult as possible. I mentioned the ICO to the FOS and they said I dont need the ICO, is this right?? Any advice would be appreciated. Can I claim compensation for them making me lose the house I so desperately wanted?

Hi all. Just a quick question I can provide more detail if required. HSBC refused a request for an overdraft on three occasions this year yet they have put us overdrawn without our permission can they do this and if so why?

God what a mess!! I will try and explain this as best I can but I have gone so far and don't know if I am doing this right. I have two accounts with Santander which makes matters worse coz I'm not sure if I should now separate them into two claims: 1 account I had a £1000 overdraft on it and I used to pay £20 per month for the privilege, I need to clarify this detail as they have removed the account so I cannot see the statements anymore but I think I forgot to pay the £20 one month. My wages were now with another bank but as long as I paid the £20 Santander were happy with the overdraft just sitting there. As I forgot this is how it escalated in bank charges from £45, £100, £150, £150 & £120 so now the amount owing is £1604.99 of which £565.00 is charges. I have a 123 account which went £9.95 overdrawn and then after a few unpaid charges of £5, £10 they started putting on big charges up to £380 pounds. I recently paid this account £81.23 which is what I felt I owed them and this now leaves the £380 in big bank charges. I phoned Santander in December and they did an income and expenditure with me over the phone and said I needed to speak with Stepchange as I stupidly got mixed up with Payday loans. I wrote in April and they were going to go through my Income & Expenditure but never heard back from them by phone or letter. I wrote a LBA and I have just received a final response saying sod off basically. Do I really have a leg to stand on or should I take it to the Financial Ombudsman or Small Claims Court and see if they are bluffing? I should mention that the £1604.99 amount has been passed to Robinson Way and they have registered a Default. All I wanted them to do was to remove the £565 in unfair bank charges so that I could set up a payment plan for the remaining amount and start repaying my overdraft!! The £380 they are threatening me with a Default at the moment so I expect any day this will appear on my credit file. I explained in my letter that whilst an account was in dispute they can't do that but they said that as far as they were concerned my accounts were not in dispute!!

Afternoon, I've been in a bit of a spot recently, lost my job, had to re-arrange my mortage to interest only or risk losing my house, defaulted on my one credit card, missing paying bills every month, I think you guys get the picture but the last year or so has been financial hell for me. My credit report is a sea of red Anyway I'll concentrate just on the Barclays account here. I've had an account with Barclays for around 20-25 years and I have most of the statements which I've started to dump info from into an Excel spreadsheet. I have a question if anyone would be so kind as to help, 1) I've dug a folder from around 1998 onwards and logged charges that include Unauthorised overdraft fees Additions fees Transaction charges for insufficient funds in account Personal overdraft usage fees Overdraft interest charges Paid referral fees Items returned fees Reserve usage fees I'm missing a few statements here and there so will SAR Barclays today to get the missing information. Naturally I'm awful at administoring my personal finances or should I say I was awful until a few ago when I stumbled across this place. My question is this, what are my chances of recouping any of the above fees and if so over what period. The Additions fees which are small are already over a thousand pounds and I still have another 5 years of statements to go through. I hope I don't come across as a chancer who is trying to claw back money for services that I used. I have a deep loathing of Barclays as they have me by the short 'n curlies since I live in their 'reserve' paying close to £100/month for the privalige of doing so. I never asked for the Additions accounts, I frequently popped into my local branch on occasions to speak about the horrendous charges but was always told that I was on the best package for my current situation, surely this was misleading to say the least? I've read the BCOBS stuff in this section but am still a little confused as to what my next move should be once I've completed my spreadsheet and write to Barclays asking for ermmm, some money back please?

I had a £3,000 overdraft facility on my RBS current account which I used to the full (!) but was unable to maintain repayments on following illness and ending up on long term sickness benefit (ESA). In January 2012 I reached an agreement with RBS to freeze the interest on the account and to pay £1/month by SO. This has been reviewed and renewed each year, most recently in April 2015 for a further 12 months. I've maintained payments throughout that period and maintained good relations with the bank. Last month I returned to full time employment. I'm willing to re-pay RBS's overdraft but want to be careful about how I go about it – agreeing no more than is necessary. So: 1) How soon should I notify RBS of my change of circumstances? 2) Is there any point in offering a full & final settlement? If so, at what %age? 3) Should I expect interest to be applied to the overdraft in future and, if so, how much would be reasonable? 4) If I make a repayment arrangement what is likely to be seen as reasonable? (I also have about £25,000 owed to various credit cards or DCAs, mostly with similar arrangements in place.) I have two other unblemished and unconnected bank accounts into one of which my salary will be paid so would continue to pay RBS by SO. FWIW my RBS account is in Edinburgh (I transferred it there from England to avoid a threatened takeover by Santander) but is now managed by their collections department in Birmingham.

This is a long shot but wonder if anyone could advise I had a £7,000 loan from lloyds with PPI .. if i remember rightly it was around 2000 . i fell in money problems - basically living off credit cards , fell behind with loan repayments and ended up around £1000 overdrawn which got bigger and bigger with the constant charges , and fees for letters to tell you , your were overdrawn after burying my head in the sand for ages i finally set up a debt management plan with CCCS to pay off the lloyds loan, overdraft , MBNA, egg and barclays. Lloyds refused to accept if for about 9 months (the CCCS advisor told me this would happen, even told me which depts would write to me and what colour the letters would be !! ) so for 9 months masses of charges were added to my account , every month they would debit for the loan repayment, PPI and missed payment charges etc , then finally they accepted the DMP - by now with around an extra £1000 + added to my overdraft !! i slowly paid off everything with my DMP and slowly just had LLoyds left to pay ( i upped payments and as one creditor was paid off , assigned the rest to lloyds. ) This took about 5 years to pay off and i came into a bit of money and asked lloyds for a settlement figure which was around £3600 - as i had kept up my DMP, upped payments etc they rounded it off to a final payment of £3000 , which i paid. would it be worth doing a SAR to try and claim back the charges, and PPI - i would understand if they no longer had any record of me - but if they did have details of my current account and loan account would they refuse to pay anything as both accounts were defaulted and came under a DMP ? PS : for the record if anyone is interested Barclays accepted the DMP straight away and so did EGG - MBNA argued for about 3 months but then accepted it , LLOYDS took about 9 months+ before they finally accepted it and stopped all interest and charges

Hi all, I'm getting a bit lost with the huge wall of information available on the site, and I was hoping someone could point me in the right direction to help me straighten things out. I've had several thousands taken from me in bank charges in the last 7 years (I know you can only claim for the last 6, found that much already!) mostly because the charges themselves have dropped me into an unauthorised overdraft so I've been charged on them too. For the last 3 years I've been on benefits and the charges have kept coming in. I'm not at the point where Lloyds TSBs new charges system is REALLY going to sting me. I was making payments on the overdraft of 10 pound a month and was a few days late paying one month. They put a 15 pound unauthorised overdraft fee on for that, then a further daily charge (I forget how much without checking the paperwork) to go with it. Because those charges were taken there's no way I can bring my account back into the "authorised" overdraft without starving my family! Given the current situations with claims being put on hold while the test case goes through, what options do I have open to me? I'm getting calls from Lloyds TSB now threatening to pass the account off to debt collectors when it wouldn't have been a debt if it wasn't for the stupid new charging system! It's at the point where they'll charge 215 pound a month (15 pound unauthorised overdraft and 10 daily charges of 20 pound)! Thanks for any advice or "direction pointing" anyone can offer, Steve

I sent paperwork to them a couple of years ago, which they rejected. Two weeks ago, out of the blue, a reversal of their earlier decision and an offer of £5K to settle, which they credited to my account last week. Seems like the regulator is finally making some progress.

I'm not sure if this is the correct forum, please feel free to move it if not! I had an out-of-warranty iPhone that needed a battery replacement. I paid for the work online with my debit card using Apple's support site. A hold was placed on the money in my account. While I waited for them to send out the pre-paid box to return the phone, the hold on the money was removed, presumably because the work had not been completed and could not yet be charged. I left the money where it was because I knew it would be taken later. I returned the phone and was contacted via email by Apple who said they'd found something else wrong with it which would also need to be repaired. They attached a photo of my phone that supposedly gave details of what the new issue was. It didn't give any clue as to what the problem was. I called Apple, who were equally puzzled and couldn't get any information from the engineers. At this point they told me that they would cover the full cost of the repair - not just the mystery defect, but the original battery The phone was returned within a week, fully repaired, and I was a satisfied customer. Six days later, they took the money from my account despite being told they wouldn't. This put me in a position of having an unauthorised overdraft, with a direct debit for car tax due out the following day. I rang Apple immediately who were most apologetic and promised to refund the money. However, it would take up to 10 days for the refund to appear in my account. I told them that I had direct debits to pay and it was going to cost me money in charges if they bounced. They told me to call back when the charges had been paid, to look at claiming the value of the charges back from Apple. I then called my bank. There was nothing they could do. They put me through to the Visa team, who said the same - as a refund had already been started, they couldn't do anything. I called DVLA (the car tax direct debit was due the next day), who were, surprisingly, the most helpful out of everyone. The unauthorised overdraft happened over the end of one monthly charging period and into the start of the next so it was two months before I could pay the charges and look at reclaiming them. I called Apple today regarding this and they simply weren't interested, claiming they weren't responsible. They said that they'd already refunded the money and they weren't going to pay for any charges that they'd caused. The charges are only £30 but that isn't the point. I believe that they were caused as a direct result of Apple's error. If it hadn't caused so many problems with direct debits etc, I probably wouldn't have bothered about them. But it did cause problems and after having to spend an hour an a half on the phone to them today, I'd like to pursue this. Do I have a case? And if so, how would you recommend I go about it? Thanks in advance for any advice you can give me.

I received a claim form for an old Lloyds overdraft yesterday. I was hoping that someone would be able to advise me on how to proceed. I will try and give as much information as possible using the template Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of issue 23/06/2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 12/07/2015 + 14 days to submit defence = (33 days in total) - 26/07/2015 ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total What is the claim for – the reason they have issued the claim? The claiments claim is for the sum of £1200, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds and assigned to to the claimant on 03/07/2013, notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with And the claimant claims £1200. The claimant also claims statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum from the date of assignmentof the agreement to date but limited to a maximum of one year and a maximum of £1000 amounting to £94 What is the value of the claim? £1400 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? Before 2007, The account I had had since 1996. The last overdraft agreement I had was in 2005 I think 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 idea, I've never received any recorded delivery letters from them Did you receive a Default Notice from the original creditor? No idea Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No idea Why did you cease payments? I was heavily in debt and sharing a house. Everyone else moved out and i became liable for the whole rent and council tax at the time, it took up most of my wages. i would have become homeless if I hadn't stopped paying What was the date of your last payment? I haven't used the account since 2007 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? No, I have had no contact since 2007, btw this was a joint account. I would be very grateful if anyone knows the best way to proceed.

Hi, I have read through the forums and online and I am unsure what is correct regarding an Overdraft. The most recent letter from Low Life's is asking me to contact them before 11/07/2015 or they will take legal action blah blah, I think they actually mean it this time. I called up HSBC and they said the last payment into the account was September 2009 so it's not quite SB and that is my question what is the SB date on an over draft? Cheers, Flappy

Hi All, Ive been able to get Lowell off my back previously through this website I am hoping I can get some quality advice this time around as well. Im being chased by Lowell for an old debt with HSBC. I had an account with HSBC and back in my stupid student days ended up withdrawing some cash over my over draft limit. This resulted with a balance of £742 with over half of these just being bank charges . The last time I used my HSBC account was January 2009 , however, Lowell has got an account Default date of September 2009. I believe that this gives them some extra time to play with the statutory limit of expiration. Recently, they offered me a small discount but I also contacted them by email with an offer to settle the dispute that they turned down and are now demanding the full amount. I have not paid any part of this debt since it became defaulted. I don't want this issue to escalate any further and especially for Brian Cater to get involved. What do you guys think are my best options? Should I try negotiating for a full and final settlement or just agree to a payback agreement of the full amount? Secondly, should I challenge that this account is in fact statute barred? But I don't know at what point the clock starts ticking for this account. Would it begin from the last time that I used this account or are Lowell correct with the default date of sept'09? Thanks in advance for your help. I really want to get this issue resolved as this is the only issue impacting my credit report and any future mortgage applications I may need to make. Details of the last letter received from Lowell Pre-Legal Assessment Dear XXXXXX, Your account is escalating We have written to you a number of times but you still haven't repaid your debt or entered into a repayment plan. Please contact us as soon as you can as we are still committed to helping you repay this debt. As you have not paid we have obtained information about you and your current financial circumstances from a credit reference agency to help determine whether we should take legal action against you. From this information we believe you are working, have other credit products and that using the County Court is a realistic option for us to recover the money you owe. If any of the above information is not correct, or you have a reason as to why you think we shouldn't proceed with legal action you need to call us straight away and let us know why. Our objective is to work with you to repay this debt. We genuinely want to avoid taking legal action but we need you to contact us. We are happy to agree with you any amount you can afford to pay by instalments. Yours Sincerely,

I have an overdrAft with halifox which is in arrears. Previously I sent a sar request and received a quite comprehensive sar. It contained the previous 3 years statements, and screen info of the previous 3 years transactions. These seem to be the statements in 'raw' form. I have crawled through the statements and found all the charges applied over the years. Unauthorised overdraft charges I think. The account shows on my credit file as defaulted with arrears greater than the closing balance. I have previously received letters from moorcroft about this account. Now I receive only a yearly statement from halifox. Can I reclaim the charges back to reduce the balance? Thanks for looking and please help. I will never be able to pay this as it is. It's for over £3000 now.