In your circumstances, it could mean the difference between them agreeing to stop interest or not. It puts you in a much stronger position to negotiate if they cannot complete the request. Up to you where you take it from there

Hello MrBill! Dear me, they have had their pound of flesh out of you haven't they? I'd be ever so slightly tempted to send off a request for the credit agreement for this account, if you've not done so already, to see whether they have a right to charge this interest and indeed whether they can even produce an enforceable agreement. Have a read of my blog, linked below, which explains the process, with a link to the template letter. Is this a self managed DMP, if not which company is running it? kind regards, Elsa x

good point Andy!

Just the first para, I'd put: I write in reference to the above account which you claim is due and payable. However, having taken advice on this matter, we have now become aware that this account is Statute Barred, therefore you will receive no further payment. We would point out that we were induced to make payments under duress, during a telephone conversation with your staff, the tone of which which amounted to bullying and harrassment. We are now aware that the debt was already Statute Barred when we started these payments, and therefore remains so. For this reason we have cancelled the Standing Order. Your lack of transparency and aggression in pursuing this debt in the knowledge that it was already Statute Barred have been noted, and a formal complaint will be made to Trading standards and the OFT should you continue to demand payment.

No bailiffs yet unless you fail to pay, Billsters. Send in the completed expenditure form BY RECORDED DELIVERY. All important docs to the court should be recorded for your own protection. Hand delivery is unprovable unless you hand it to a clerk and get a receipt. Lesson learned, unfortunately, but if you get another court summons come on here for help as soon as you get it, don't struggle on on your own kind regards, Elsa x

Yeah, unfortunately I don't believe you can claim back the payments as technically you still owe the money, it has just become unenforceable in court due to the Statute of Limitations. Shame though

And also please check this:

Can you check this folks..I've amended it as defence has already gone in, and made it a bit more succinct:

hi hon, try and stay calm, and not to worry. We need to get these requests off and then at AQ stage, if they do come up with the docs etc you can still request mediation and have a chance to head off a CCJ by agreeing a payment schedule. The CPR 31.14 goes to Link, at the address on the claim form. You can type your name and just put squiggly initials next to it I think, or make a digital signature. Now I take on board what Andy said about the default notice, but I did get one for my overdraft account before they terminated it, so just to cover all avenues, a part 18 request might be good to do too, asking about that, termination notice and date of last payment. I'll knock these up for you...BRB

LOL I think the brandy was kicking in...

Hi CoffeeAngel, Are your current accounts also with Halifax, and does your income go into them? If so I'd recommend that you open a parachute account with a completely seperate bank, otherwise they are likely to offset your card arrears if the going gets tough. Halifax's teddy has been out of the pram so often, it's now hairless. Elsa x

By my reckoning your deadline is 30th October. However, the 31.14 incorporates a request for a time extension.

Hi HTH, As above, you need to send a 31.14 request to the address on the summons. Looking at your POC, you can request: 1. A copy of the agreement bearing my signature 2. Terms and conditions of the agreement at inception and as varied 3. A full and accurate statement of of account 4. A copy of the Notice of Assignment with proof of postage. Sneakily they haven't mentioned a default notice, so we can't request that. Instead, seperately send a part 18 request for information as follows: 1.As your claim relates to an agreement regulated by the Consumer Credit Act 1974, please confirm whether a Default Notice was issued pursuant to section 87, upon what date and by what method. 2.If a Default Notice was issued, please confirm the amount of arrears stated in the notice and date for remedy. To save you wading through many threads, I attach a compilation I did of the main legal issues posts. It includes the 31.14 template and the part 18 request template. Elsa x pt-legal issues-compilation.pdf

No probs, hope it helps...I've got Sequenci to thank for starting my interest in research on SB debt...it's not as simple as it first seems..my fave subject

Hehe either way it's s**t

Hi Dazza, Did you also live in Scotland when the account was taken out? If that's the case then it would be Statute Barred after5 years. If you lived in England/Wales when it was taken out then it would be 6 years. The dates run from accrual of cause of action, which, simply put, is when the account was breached...usually the day after the first missed payment, or, if the account was already in default, the day after the last payment or written acknowledgement. HOWEVER, if it was already Statute Barred when you recommenced payment, then it doesn't restart the clock. So, if that's the case and you're sure of your dates you need to stop payment and write to Link telling them that you were induced to pay under duress, and after taking advice have now realised that it was already Statute Barred when you started payment, therefore you will be making no further payment as it remains Statute Barred. If you want to cover your back and get your own info in case they kick off, you could send a Subject Access Request to the original company. The link to the template letter is in my blog linked below kind regards, Elsa x

Not to worry Donkey...it's nearly Christmas and you'll soon be in demand to carry virgins on your back...

Mani, any chance you could post up their accompanying letter/statement of truth as a pdf? (Names etc removed-you know the drill)

Lets hope they refer to it as a "Default Notice" Ford The figures are ludicrous. Credit limit £17,000 Account Balance £18,000 Payment Due: £22,000 ???!!! It's not even compliant as a "Notice of Default":

So, beer for Andy and Gix, brandy for me and a nice bucket of cold water and some oats for DonkeyB To Plink!

Well, unless there was any way they could resurrect this claim, which I doubt as they clearly can't get the paperwork, then as it's now Statute Barred you have a solid defence if they ever tried a new claim.

Yep the order expired on 4/10. Yey!!! Don't you just love it when a plan comes together!!!! Well done Gix!!

What's the best course of action with this, Andy? Point out it's not a valid default notice, or bring that up at a later stage...if so when?