Right, just sorting out the letter and have adjusted a few bits (if you dont mind?!) When I was £15 overdrawn I then put £150 in the account which cleared this debt. If you look further down the PDF it shows I was £4.76 overdrawn which is when they started hitting me with charges. Ive adjusted it to this - I refer to account number *********: which was defaulted by HSBC on 16/11/2009, the default sum being quoted as £105.00, this comprised an 'over limit' sum of just £4.76 and three penalty charges of £35, £25 and £35 each plus interest inflating the sum to £105.00. The ICO Technical Guidance on Defaults states that 'If a default sum is composed of Charges without which the account would have not been defaulted, no default should be placed, the charges in this case are over 20 times (including interest) the actual default sum of £4.76, my contention is that the default is manifestly unfair. As will be clear from HSBCs records the defaulting of this account was precipitate and unjustified, considering also that I was given no opportunity to remedy the default. I expect HSBC to review this matter promptly and reasonably as it is clear to me to that £95.00 in charges plus interest were added to the account merely to justify placing the default. I am aware that HSBC Bank has 56 days to reply to a formal complaint, but as this matter is clearly misuse of the default/termination process by HSBC the remedy is also clear, HSBC must remove the default, refund the unfair charges levied and correct all CRA entries made in regard to this account. What do you reckon?

Will do BRIG. Letter will be posted today by RM Recorded. Could you take a quick look at my other thread for my MRS next account and tell me what you think please? http://www.consumeractiongroup.co.uk/forum/showthread.php?392931-Next-account.&p=4293600#post4293600

If there is no signed CCA, can they still default the account and then later file for a CCJ?

Because I wasn't aware that the CCJ was from next until there most recent letter. Thanks for clarifying that. Is it worth asking for original CCA then - because my Mrs never signed anything?

Yes default registered by next and then CCJ after by Lewis on my Mrs credit file.

Does this look OK to send to them?

Thanks Brig. Just got back from a weekend away so will get this in the post tomorrow morning. In fact thank you again! Will update this asap. Tony

Thats fine BRIG. Thank you again for your help!

Oh and link to NEXT thread is here - http://www.consumeractiongroup.co.uk/forum/showthread.php?392931-Next-account.&p=4290547#post4290547

Yes 100% the situation. If you look at the statements - leading up to it all, it was charge after charge month on month causing more charges!

Any chance you can just take a quick look at the letter I put together in my 'NEXT' thread when you get a chance?

Ahh thank you mate

Can someone look over this letter before I send it to them? Dear Sir/Madam Acc/Ref Number: 323 Thank you for your reply to me dated 16/07/2013. I would like to point out that under the Limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. May I point out again that the onus is on yourself to prove any money owing. And by law you need to prove this either by providing me with written confirmation of the debt (contact is simply not enough, you need written confirmation), or by proving the last time a payment was made on the account. If you cannot do this then I would like written acceptance that the account is Statute Barred as you do not have proof otherwise. At this point I would like to ask for the following - A copy of my Original wet signed Credit Agreement with yourselves – if you cannot provide this then please put something in writing to explain why. The Deed of Assignment either Absolute or Equitable signed by both parties when you handed the account over to Lewis Debt Services – and again if you cannot provide this then at least also an explanation as to why. I look forward to your reply. Yours faithfully

I think I will counter the letter.

Funnily enough I've just received this from them - [ATTACH=CONFIG]45248[/ATTACH]

Ive looked and there isn't a template I can adjust to suit my situ.

Any chance of a letter pretty please brig?

Here is a PDF of the last year banking below. The way I see it is £4 overdrawn, then a charge of £35 for previous months missed direct debit. Then two subsequent charges of £25 and then £35 with interest on top taking it up to £105 What do you reckon chaps?

No idea, I'd have to look into it mate. Sar due today!

Will do today mate.

Even if there is no agreed overdraft?

Acc/Ref Number: 323 You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We would point out that under the Limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” We would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008 We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. We look forward to your reply. Yours faithfully

SAR them?

Still nothing received - what shall I do?

Can I claim back 8% compound interest?