I don't know... How would I find that out?

I wouldn't know how to start defending it really, aside from the fact that I am out of the country again, (I was only back for a visit). I'm not sure what legal grounds I would have (if any) - the original debt came from a combination of bank penalties and financial hardship. I offered token payments until I could afford to pay more but the bank refused them. I didn't consider they treated me "positively and sympathetically" - more like "pay us back now or else". I tried all the standard letters from the national debt advice people about offering what I could afford etc, but the bank wouldn't accept and kept demanding more than I could afford. (I was on JSA at the time). It was around then that I discovered CAG and found out about the unfair charges thing, so did an SAR etc and put the account into dispute because of the charges. I figured if they weren't going to play ball and allow me to pay back what I could afford as I could afford it then they could go shove it frankly. If they'd let me make the token payments then I would have happily done that, kept a good relationship with them, and then when I got a job I would have been able to clear the overdraft. Instead I have now gone from a lifetime customer of the bank (since about 8 years old) to someone who would never go near the b**tards again. Do I have any leeway to offer a reduced payment as final settlement? or do I have to pay the whole lot now that the courts have been involved?

Ok, so I've had a letter back now as follows: "We write further to your letter of xxx 2014 etc We note you state to have been living abroad at the time that legal proceedings were issued against you and have requested the judgement be set aside. It is your responsibility to update any creditors with any change of address and as such, legal proceedings were issued correctly against you at your last known address. We will not be applying for the Judgement to be set aside. We now require your firm proposals towards this account and enclose a financial questionnaire to assist you. Failure to complete and return the questionnaire to this office by 9 May 2014 may result in further legal action being taken against you. Yours etc etc" So what are my options? My main concern is that I now have a CCJ against me with apparently no way to get rid of it other than to allow it to expire. The last thing I heard from the last DCA handling the account was early 2010, and I then didn't hear a thing before I left the country in late 2011. How was I supposed to let them know my address when, a) I didn't know who was dealing with the account anymore - (if at all) b) I had no idea where I was moving to? Basically I am happy to pay this thing back, I wanted to make a reduced offer for full and final payment just to get rid of the thing. The original debt was in dispute, but it's gone on so long now I just want them to leave me alone. However, I'd really like to get the CCJ off my record. Do I have any options at all? or has it gone too far now and I'm basically screwed? Thanks

Thanks all for your advice, and comments. I have sent the letter on with a signature half over my printed name. I await their response....

I have an old lloyds overdraft debt that was in dispute due to charges etc from around 2008. Last I heard was in 2010 when I replied to a DCA stating the account was in dispute and to refer back to original creditor. In Nov 2011 I went abroad (and had heard nothing further by that point) and have been pretty much living abroad ever since apart from the odd visit back to the UK. I just went back to the UK in Feb 2014 and discovered a new DCA had taken over the account and had obtained a CCJ against me in my absence in Jan 2013. After a bit of research I have discovered that “If you are the Claimant and you become aware at any stage that the particulars of a claim may not have reached the Defendant you should apply to set aside any judgment which has been made” Needless to say the particulars of the claim never reached me as I was out of the country. Also - it seems that a court cannot make a judgement against someone whilst they are out of the country. So, I wrote to the solicitors in question requesting that they make the necessary arrangements to have the judgement set aside. They have replied and have asked that I sign the letter I sent them as "they need to be sure they are communicating with the correct person about the account" This is sounding all sorts of alarm bells for me, is there any reason why I shouldn't sign the letter and resend it? (The original was unsigned) Thanks in advance for any advice

Bump - Can anyone offer any advice please? I need to reply with something before they start taking money straight from my paycheck

So... To resurrect this (ancient) thread.... Quick review: - DCA sends letter regarding debt - I ignore - DCA sends increasingly threatening letters - I ignore - DCA transfers to solicitors - I respond with a letter stating "account in dispute, please refer to original creditor, etc" All goes quiet for a bit, then rinse and repeat with new DCA. This looped a few times and eventually went quiet for a long time. During this time I went abroad and have been effectively living abroad for a couple of years. I'm visiting my folks at the moment back in UK and I receive a letter from "Restons Solicitors" about a debt between me and MBNA. I write back (unsigned) - saying I know of no debt between me and MBNA - prove it. They respond, apologise for the incorrect bank name and say actually its about my Lloyds Current account, their clients are Marlin Europe II. They claim they scored a CCJ against me back in Jan 2013 (I wasn't in the country), and now want me to pay up or they may seek an attachment order to my earnings. They have included one of those forms to fill out that tell them what I earn and when I last cleaned my teeth. Thing is, this account is STILL in dispute. However, does the alleged CCJ effectively render me scr**ed? Any advice gratefully received on how to proceed! Thanks

The story continues.... Yes - I S.A.R'd the OC way way back and recieved half a tree in response. I've now had a letter from Credit Security Ltd who tell me that I've diregarded numerous requests for settlement (no - really?) and that if they don't receive payment/repayment proposals by Friday 30th April that a claim "will be prepared for issue in " Interestingly they wrote to me a fortnight or so ago offering a reduced payment scheme of about 65% of the balance. Unfortunately the balance is still in dispute and besides I don't happen to have that sort of money to just conjure up out of thin air to pay them. I will be sending the standard "This account is in dispute and I'm surprised you are dealing with it - return to OC" type thing.

subbing

Sorry if this seems like a silly question, but how do I start a formal complaint with them? What am I complaining about other than what I've already said about them terminating my overdraft and account just because I couldn't pay them back fast enough? I'm guessing there isn't much point in going down the charges route now the OFT case has gone through? (There aren't any charges on the account anyway) Maybe I should just ignore them a while

Hey After an acknowledgement letter from iQor telling me they have put my account on hold while they investigate the dispute I have now received another letter from them referring to the recent completion of the OFT test case. the two key paragraphs are as follows: "As you are aware the OFT test case has recently been completed and we would be grateful if you would let us know how this affects your dispute and your current position" "Please let us know if there are any specific transactions that are disputed or any questions that remain unanswered to enable us to review the matter further, however, if the dispute is resolved please let us have your repayment proposals or let us know how you intend to deal with this matter at your earliest convenience." Apparently my account is on hold for 2 weeks from 23rd dec - so it's not now - to allow for my response. ummmm.... I'm not entirely sure how to respond (if at all) to that. As far as I am concerned the penalty charges applied to the account are still ridiculous and I'm damned if I'm paying them back a penny. Does anyone have any advice about how to proceed in light of the OFT test case result? I've looked over the site, but I must be missing something because I keep going round in circles and not really finding any information I can use. Thanks

bump

- Does this still apply in light of the result of the test case? They've just sent me a final demand in which they say (I quote) We now DEMAND immediate payment of the sum £239.31 oooh, the DEMAND it do they? oh, well I'd better pay them then hadn't I?! Oh, hang on, I dont have the money to pay them.... They're also demanding I send them a financial staement - do they have any legal right? I thought only a court could do that? Does CCA ing them or SAR ing them still apply? I don't think there are any charges, but it could work as a delaying tactic. Or shall I just keep paying them the £1 I've already promised and let them take me to court?

Lol, thank you Palomino, I knew I'd spelt it wrong, but couldn't remember/be bothered to find out the right spelling. I was in a full flow rant at the time! Any comments on the letter itself? Anyone have any suggestions for improvements or cautions against anything I've written?

Response from first direct 25th Nov 2009 (reproduced here in noteform) Dear xxx Thank you for letter of 17th Nov Sorry for the upset caused by management of your account. Overdrafts are designed for short term borrowing only, regular credit expected, blah blah blah, first wrote to you on 29th July, acknowledge receipt of funds on 6th Aug, but then none further. Further letters sent on 14th Sept, 12th Oct and 29th Oct. Regrettably on 7th Nov (as we were unable to contact you by phone (funny, I didn't get any missed calls...) have now suspended your banking facilities. Unable to accept offer of £1 per month, would need minimum of £10 per month but only if affordable to you (Ha ha ha ha ha ha - if I could have afforded it I would have already paid it to you you muppets) Please return the financial statement recently issued to you. In the absense of a suitable response withing the next 10 days a final demand will be issued as a matter of course. What a bunch of *&$(%ing to$$£rs! "suitable response" - i suppose that means if I don't bow down and offer them what they are demanding then they will be just the same as all the other bankers out there and just start with the whole defaulting system. Here is my proposed response - I'll be emailing it to them as I can't afford postage. Dear Sirs, Thank you for you letter of 25th November. It is clear to me that you obviously didn't pay full attention to the content of my last letter to you. I stated in that letter that I could only afford a token payment of £1 per month until such time as my circumstances should improve. That is not a number I picked flippantly out of the air, it is a goodwill payment to indicate my willingness to clear this debt. By threatening me with Final Demands and demanding more than I can give you are not exactly entering into the same spirit are you? I do not have some stash of cash sitting here that I am hordeing and deciding not to give you. I HAVE NO MONEY. I have even emailed this message to you as I cannot justify the cost of an envelope and a stamp just to respond to you. In fact I am presently in an even worse position since a mistake with the benefits office means I didn't recieve my last payment of JSA and I am unlikely to receive my next payment for at least a fortnight. How I am going to pay for food and bills I do not know. I acknowledge your request for me to send you intimate details of my finances on your financial statement, but 1. I can't find any record of having recieved it, and 2. just because I haven't paid some money into my overdraft does not give you the right to know the ins and outs of my finances. Why you believe that some financial statement would give you any more information about my current position than I have already told you is beyond me. Just to recap though - in case you didn't quite get it the first time round. - I am in receipt of Jobseekers Allowance. - I have no other income. - My expenditure on just surviving is only just covered by JSA. - Hence I have nothing more to give. £10 per month? Don't be bloody stupid. By the way, as I am sure you are aware, this debt is not termed as a priority debt, as it is more important to me to stay alive than to line your pockets. You will get £1 per month from me until such time as my financial position improves. Sending me a Final Demand, or Defaulting me is not going to make the money magically appear any faster - it will just make my life more difficult in the future. It will also ensure you will NEVER receive my custom ever again. I will pay you what I can, when I can. If you can't understand that then I am at a loss as to how to explain it to you more clearly. Sincerely Me. Any comments/suggestions?