Hello! Hope you are well. Unfortunately I have received a claimform for an overdraft. This nice surprise was in my letterbox today. I hope below is enough information for a bit of advise. Name of the Claimant ? 1st credit Date of issue – 11 May 2015 def filing by = 4pm 12th june What is the claim for – The defendant was granted an overdraft facility from **\**\2010 with the original creditor under reference number xxxxxxxxxxxx (all numbers), who demanded repayment of the outstanding sum on the account at the time. On the **\**\2011 the defendant defaulted on the agreement with an outstanding balance of 590.85. On **\**\2014 the debt was assigned to 1st credit finance ltd in the sum of 590.85 by the original creditor. A statute notice of assignment was sent to the defendant AND THE CLAIMANT CLAIMS the sum of 590.85 The claimant claims interest under section 69 of the county court act 1984 at the rate of 8% a year from 10/12/14 to 8/5/2015 on 590.85 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.13 What is the value of the claim? 590.85 Is the claim for a current or credit/loan account or mobile phone account? Overdraft. When did you enter into the original agreement before or after 2007? It says 2010. 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 assigned to 1st credit. 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? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?No Why did you cease payments:- Honestly I'm struggling to figure out WHO the original creditor is! I don't remember leaving an account in this state, although I have moved banks a bit over the past 6 years or so, mainly to get a better deal though. Might be charges? 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? No Do I defend on the basis I can't identify the account on the info given? Or acknowledgement of service and CPR 31 letter to se if 1st credit know who the OC is? The only documents mentioned in the POC is the notice of assignment so is the CPR 31 wort doing? And as this was an overdraft facility will a credit agreement exist? For CCA request. Thank you in advance for any advice given. This is my first Claim and will be spending the night reading this awesome forum!! Not sure what to do next??

Halifax are charging £5 a day for being overdrawn - irrespective of how much you are overdrawn. Is this lawful- potentially £155 charges in a 31 day month for being £1 overdrawn? Sorry, to clarify, unauthorised overdraft- even if they allowed it to go overdrwan

Hi all - I hope someone can help with this query - thanks in advance for any advice! My situation - I've been on a Debt Management Plan for a few years and use one of my two bank accounts to make the payments. Last summer while I was making my usual DMP payments I noticed online that an overdraft facility had become available on that account, interest free for a year. I thought it'd be a good way to help pay off the few creditors who were still charging me interest, including a couple of payday loan firms. The problem is that in the coming months every time I clicked on the overdraft link online I was allowed to borrow more - taking it from £200 up to almost £6,000 now. I was stupid to keep clicking, I know... But the bank gave me this overdraft despite me: a) not paying my salary into the account; b) having multiple defaults on my credit record; c) making payments to two or more debt collection firms each month; d) using payday lenders and, e) even more stupidly, gambling online - a big part of how I ended up in this mess in the first place. So - they are due to start charging interest on this overdraft soon and it's going to tip me over the edge (again). I really don't want to default and want to find a way through it. But my question is whether I should complain about a breach of their responsible lending guidelines. Would that serve any purpose? Do I have a case? What might they do, for better or worse? I've actually had refunds from a few payday loan firms who acknowledged they should never have issued loans to me, so I'd have thought a mainstream bank must have some sort of similar view? Any advice would be very much appreciated! Thanks

Hi I had a Nat West Business account with overdraft until 2012 when they decided to close it, without even trying to negotiate a repayment plan, last couple of years for been tough with work and health issues but I was just beginning to get back on my feet. I have never signed a overdraft renewal agreement with them, they just kept renewing the overdraft. I have had thousands of pounds worth of charges taken. Today I have received the attached letter in the post from a company I have never heard of requesting that I make contact to discuss the overdraft, referring to a recent letter I should have received from Nat West ( never received any letter last communication was April13). Not sure what to do, would appreciate some help. Confused49

Good Morning. Thank you for reading and hope you can help. I have 2 x maxed out overdrafts to the tune of £4100. Currently paying roughly about 75 quid a month in charges. is there some sort of arrangement I can get into with Halifax where I can stop the charges and maybe have the OD converted into a loan, the money been paid in charges could be used to pay the loan back...p.s I have a crap credit rating. This is also the same for HSBC circa 1600 OD

Hi, I am hoping someone can advise me can I defend or challenge County Court Claim N1CPC issued by Restons Solicitors on behalf of Cabot Finance on 10th November 2014. The claim is for £10k overdraft on a gold current account that was originally held with Lloyds TSB. I am in this mess because I was made redundant from my Job, diagnosed with depression and unable to work for two years. At the time I opened my account in 1995 I had an overdraft facility of a few hundred pounds (£200). The facility was supposed to be reviewed every two/three months but never was. I was also obliged to take out CPP card protection. The Particulars of the claim are as follows: 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds Bank – Current Account dated on or about Oct 12 1995 and 2. assigned to the claimant on Jun 17 2014 in the sum of £9918.09 Also what are my other options? Do I offer a payment plan and how can I do this without having a CCJ entered against me? Please help.

i recently had a claim from a county court the poc are vague it simply states; On or about you owed the money under a "contract" between the bank and you for a current acc. i put a defence in to the court stating i knew nothing of this debt asked for copy of assignment also copy of agreement/contract, the debt company wrote back with copy of assignment from bank also one from them(first id saw any) it also stated a current acc has no credit agreement, terms and conditions would have been provided, once id used the account i would be bound by them this forming a contract. i did have cpl account years ago which i tried to reclaim ppi and charges, they paid out on another account but refused me on the current acc which had o/d facility, i queried this as far as i was aware the account was in dispute i was sure at the time they owed me more than i owed them which i repeated to several other debt collecting company's who all ceased correspondence, not heard any more for a good time now, this claim came out of the blue, after reading many threads im wondering if i would be right sending a sar request to the bank or to this debt collection company; also as poc says owed under a contract which they dont seem to have should i write back to the court stating this as it seems misleading to say the least, i would very much appreciate some advice which way to go many thanks

Hi! I wonder if I could get a little help with a claim received for a Lloyds bank Small Business overdraft sold to MKDP, I'm submitting it on behalf of my wife, I have read several very similar threads so I believe I have a handle on how to deal with most of the process but I just want to be 100% Regards Lee PS I think this site is fantastic

Hi guys. I hope you all had a great Christmas! I was until I received a letter from the County Court Business Centre on December 24th I have already located the form to fill out on here regarding the particulars, so I really hope someone out there can help. I will just get right down to it. Name of the Claimant ? CABOT FINANCIAL Date of issue – 22nd December 2014 Date of issue 22/12/14 + 19 days ( 5 day for service + 14 days to acknowledge) = 10/1/15 + 14 days to submit defence = 24/1/15 (33 days in total) - What is the claim for – The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Bank of Scotland dated on or about March 02 2006 and assigned to the claimant on Oct 02 2012 in the sum of £1500 What is the value of the claim? £1500 Is the claim for a current or credit/loan account or mobile phone account? CURRENT When did you enter into the original agreement before or after 2007? BEFORE 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 purchase issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I did receive Letter from HFX telling me all assigned rights are now Cabots (it wasnt letter headed as Notice of assignment though) . Did you receive a Default Notice from the original creditor? I remember a DEFAULT NOTICE SERVED letter from HFX in 2010. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I was on a fee charging DMP for years, decided to try and negotiate myself after loss of job with a monthly token payment, never had a response. My financial situation worsened, got scared and stop communicating. What was the date of your last payment? Aug 2013 (According to Credit Report Was there a dispute with the original creditor that remains unresolved? I had previously wrote a letter to get numerous £35 charges removed. This was sometime ago and cant find the original letter I sent. Since then my financial situation has taken a massive downward spiral. Other than that I really cant remember anymore Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? As above I did enter onto a fee paying DMP but this account is largely made up of very high penalty charges (not including overdraft fees) I have registered with MCOL and got to the stage where I can see the claim against me, but not sure what to do next. It was a current account with an overdraft so I am aware CCA is no option? I owe various creditors and have been considering a DRO as the total (including this debt) falls just short of 15k. I have to admit, I got scared when the letter came through the door with the court claim stamp on it, it wasn't personally delivered however, just came via the postman. HELP and thanks in advance.

Hi guys/girls I do not know where to start on this one. Around 2011, HSBC closed my current account for financial reasons and I was left with an overdraft debt of approx. £2500. Strangely enough (in which I won't go into detail at this stage) there was no overdraft facility authorised or in place, I had asked them on previous occaisons, but they declined. Should I request a copy of the overdraft facility letter to start with? I did send them a SAR request and they sent me four reams (2000 sheets) of paperwork, It's actually guite daunting to look at. I recently received a letter from HSBC informing me that they had passed on the debt to a debt collection agency. Is it possible that this debt is unenforceable because potentially no agreement was in place and the bank never notified me of any said agreement? Additionally, there a PPI balance and various other charges e.g. late payment, od charges etc. What is the best way to proceed with tis? Thanks very much all.

Hi I have been struggling with my business for several years, I have 35k spread over 3 credit cards, 1 loan and 1 personal overdraft which are in payment plans of £5 p/m. I also have a business overdraft up to the tops of 15k which the bank recently refused to renew but gave me a six month extension, they recently started sending me " letters of concern" unfortunately i signed as personal guarantor on the account. Does anybody know that if i have not signed the authorised overdraft facility( I haven't for several years) does this have any bearing on the guarantee? Many thanks

Hi, I am looking for the advise to handle my unpaid debts. I had some unsecured debts for sum of £14500 (approx.) and had to leave the country due to my employment situation in Oct'13. I didn't want to leave without paying it but I had no choice. I consulted with StepChange Debt Charity, as they advised I sent letters to the concern departments of the Bank explaining my situation and they agreed to keep the debts as it is with no interest for 12 months. Now I am back in the country after 16 months. Would like to repay some of my debts but I am not sure how to start it. The Debts as on Oct'13 are: Personal Loan - £11000 Credit Card - £400 Overdraft - £3000 Now my questions are: 1) What could be the situation of my debts now? 2) Would the interests started piling up? 3) Will they agree to write-off some of my debts? because I am not sure about my employment with my company after 6 months. Hence I would prefer to see the debt amount as little as possible to be repaid within 6 months. 4) Would this debt has already affecting my credit rating? Kindly advise me and let me know if you need more details. Thanks!!

Hello all, Need some information for a friend... She was a director for a limited company but the company had money problems and ceased trading and has been closed down. Lloyds are chasing her for an outstanding debt for an overdraft she had with her limited company. The Debt has now been sold to a debt collector who is now harrassing her with letters and stipulating money must be paid. Can someone tell me if the director is liable for the debt, or the limited company itself is liable? Many thanks

Hello All, Name of Claimant: Capquest Investments Limited Date of issue – 03 February 2015 Acknowledge By – 21 February Defence – 07 March - yes file by 4pm (Are my dates correct?)^^ What is the claim for – the reason they have issued the claim? The claim is for the sum of £8600 in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Banking Group under account xxxx Upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Lloyd Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors What is the value of the claim? £9100 including 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? 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. Debt Purchaser has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 23/10/2013 Did you receive a Default Notice from the original creditor? 20 November 2008 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulty What was the date of your last payment? October 2008 Was there a dispute with the original creditor that remains unresolved? No other than excessive overdraft charges Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I sent a CPR31.14 request to DrydenFairfax on 11 February 2015 Recorded Delivery I have disputed the claim and logged my intention on the Court Website 11-02-15 I had an Overdraft facility with Lloyds bank in 2006. Due to changes in my circumstances my borrowing began to spiral and the charges compounded the problem until it became unmanageable. I changed banking providers in order to get back on my feet. Although a number of DCA's sent letters and calls I always asked for CCA's which they could never seem to provide and they would disappear. However I have now been contacted by Drydenfairfax 16 January 2015 and a Summons followed which I received 06 February 2015. I do feel the charges were excessive and that is why I elected to defend the claim. I would just like some advice as what my next steps should be.

hi again . i have had a letter from red offering me a discount on the account it says i owe lowell the money it is a halifax account overdraft. i dont know who owns it now do i ring them to find out who owns this then send them a cpr or a cca request. the letter also says that this will go to hamptons legal if they dont hear from me in 10 days well 10 days as been and gone letter was posted 25 oct 2013 not heard from hamptons yet. they say hamptons will put in a claim. if i get a cca or cpr request to them now will it stop them from putting in a claim if they dont send me the stuff i ask for

Hi Guys, I have a business overdraft of £13k. We have been sat at the deep end of it for about 2 years now. However business has started to a bit more profitable and we are slowly starting to eat at it. Natwest usually renews the overdraft every september for a cost of £250. They renewed it last year but because of things being tight back then i stopped taking a wage to help boost cashflow. This meant i couldnt pay my personal unsecured loan i have with natwest. I have a personal guarantee on the overdraft and they have now sent me a letter saying they are only renewing it till march 1st. They want my lastest company accounts which wont be finalised until june and are demanding i start repaying my personal loan as it is linked to my business account. I wasnt under the impression that the two accounts could be linked together. Its a limited company if that makes a difference. They are talking about possibly turning the overdraft into a loan. But they want something sorting or they will turn it over to the debt collection department. I just wanted to get some advice as to how i should proceed. If they remove the overdraft will they persue me for the full amount in one payment which i cant pay. Also can they take my house? or will they try and arrange a payment plan to pay the money back? Im hoping you guys can help me.

Poss statute barred, account was with Lloyds TSB Bank plc. I'd already fought and won some unlawful account charges back in to this account a few years prior, but there will have been more charges added since. Particulars of claim, dated 27th and received today: The claimant claims the sum of XXXX for debt and interest. The defendant from xx/yy/1987 held an account with Lloyds Bank Plc under account number YYYY Lloyds Bank Plc granted the defendant an overdraft facility. Lloyds Bank plc demanded repayment of the outstanding sum on the account at that time. The account was in default on XX/YY/2009 and the outstanding balance was ZZZZ. On AA/BB/2013 the debt was assigned to 1st Credit (Finance) Ltd in the sum of ZZZZ. Notices of Assignment were sent to the Defendant in accordance with s.136 Law of Property Act 1925. THE CLAIMANT CLAIMS 1. The sum of ZZZZ 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from CC/DD/2013 to 1/7/2014, £££.pp, and thereafter at a daily rate of £.pp until Judgment or sooner payment. I've acknowledged on line and prepared the CPR 31.14 (Current account overdraft version) which I propose to send to their sols, anything else I should do at the mo? Thanks, ds

Hi. I received a letter from MKDP a couple of weeks back about my lloyds overdraft. I am sure that this account has not been acknowledged for possibly 8 years so I sent the statute barred letter. They responded today and apparently £3 was paid to the account in March 2010, which is nonsense. They have provided no proof they just say 'This has been confirmed with lloyds'. Can I ask them to provide proof or do I need to send a sar? Thanks, Paul.

Hi, how likely is it that a bank will apply for a CCJ on an unpaid overdraft of around one and a half grand? Are CCJs common practice for banks to enforce debt? Thanks!

Hi I am after some advice please. I currently have a mortgage with santander they won't give me any special deal as I have debts. I have never missed a mortgage payment though. I currently have 2 accounts with santander and they have changed the overdraft charges which means I am being pushed further into debt. Would santanader be able to put me on a payment plan and freeze the interest on these bank accounts or be able to add to my mortgage. I have already opened another bank account to put wages etc in with another bank. Any advice is appreciated. Thanks for looking greenk04

Hi, hope you can help I opened up a flex account with Nationwide in May and they offered me a £1000 interest free overdraft (which I signed for) for a year. Today I got a letter from them to say that my overdraft has gone down to £250 and from November I will have to pay interest. Are they allowed to just withdraw an agreement? Thanks

Letter from BOS today...... We've noticed that we did not write to tell you when your account went into an Unplanned Overdraft between 02 June 2012 and 14 June 2112. We apologise for this, and we've taken steps to make sure it does not happen again. Unplanned Overdraft Fees to be returned... £65.00 Gross interest at 8% p.a.... £13.00 Tax Deducted from interest at 20% basic rate...£2.60 Net Interest paid... £10.40 Total Refund... £75.40 Nice 'lift' before Santa comes

Hi, On my credit file, Halifax have continually registered "late payment" on an overdraft facility over a 17 month period before selling the debt and registering it as "partially settled". This means the effective time for the debt to "fall off" my credit report has been extended by over a year. This is not a true reflection of the account, since no payments were made by myself during this time. At some point (after 6 months??) they should surely have registered a default. Can they even sell the debt on without officially defaulting the debt first? Does anyone know how I can get this amended? What are the rules for reporting and defaulting on overdrafts? Thanks in advance.

My parents took out an overdraft and personal loan in joint names around 2005. After failing to meet the payments on these, defaults/overdraft termination were issued by Nat West in April 2007. After this, Irwin Mitchell were assigned the debt and went to court where a CCJ was issued in April 2008, the same month that an interim charging order was put on their house at Northampton County Court. In August 2008, this was turned into a final charging order at the local County Court in Brighton. The last contact my parents had with them regarding this matter was in September 2008, where they made an offer to pay the debt, which was accepted by Nat West, but payment was never made. In August 2009, the received an identical letter from Brighton County Court regarding the final charging order, but dated August 2009. For years, the have each received a letter every 6 months or so from Irwin Mitchell (and later Ascent Contact) regarding the debt and asking them to make contact, which they haven't done. Today, they have received a letter from Ascent, asking them to make contact with them regarding arranging a payment plan with them, and if they don't reply by December 16th, they will get their local representative to get in contact to arrange a meeting to discuss the matter , which I know they don't have to agree to do. As the last time they contacted any of the people associated with this debt was August 2008 and no payments have been made since that date, is this debt now statute barred and therefore unenforceable? Is it muddied at all by having the outstanding CCJ and Charging order? If someone can help then it would be greatly appreciated as they are understandably worried about this potential uninvited visit. Thank you for your help in advance.

Hello i was wondering if i could get some advice please. Trying to resolve my current bad credit rating with equifax (218) with two defaults lodged upon my equifax report - after years of avoiding i am finally in a financial position to repay/sort out my current credit standing. My basic back story: I had a current account with RBS since 2007 that then changed to have student overdraft facilities added in 2009 when i started studying. T he problem being i changed my address & stopped studying (I was only living in temporary accommodation) and neglected to notify my bank of the change - after years of just completely ignoring/not thinking about my maxed out overdraft its finally time for me to repay/sort out my bad credit rating. On my credit report it shows the account defaulted in 2011 - I phoned RBS to see if i could just pay the outstanding balance and they notified me that i can't get the default removed from my account even if the balance is paid. Is their any other option i could go through to try and get this default removed? The account ended in Aug 2011 - so waiting until 2017 isn't really the best option for myself. The second default is for the same address and its a BT broadband bill of £220 that is defaulted on my account. This is marked as May 2009 on my credit report - this means it will expire in this coming may for the six years mark. Is it worth just paying this or waiting? Regards Maunder p.s it may also be worth noting my credit rating for the exact same details on EXPERIAN state my credit score rating is 'GOOD' Why would this be?