This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

That is exactly what I'm worrying about... from the information I have found (thanks mainly to CAG), it seems that the letter has to admit liability for the debt in some way. However, I worry that total denial was not factual enough in the first letter I sent (see copy above). I have nothing to lose, at this stage. All I can do is continue with a more emphatic letter explaining my position, which is that I do not accept responsibility for this debt. I also want detailed information as to the debts history etc. I'm going to take my time, and reappraise with each response they send. If they, at this time refuse to cooperate with my request effectively.Then we know why. Issue ended. If they do continue a dialogue and send me the information I require, then I continue with the dialogue, all the while explaining that I do not accept responsibility for the debt. The debt has doubled since the initial purchase in 2001! I do not accept responsibility for that debt. Just want to thank everyone for their clear open and honest input, it's been a great help! Any further suggestion will be greatly appreciated

Hi guys thanks a lot for you advice, seems I have got the situation all messed up. I checked my statements and there were indeed three payments made (by cheque) which would have my signature on them. This means that I will have to send them a letter asking them to sent further proof that the debt belongs to me and risk the chance of 'debt avoidance:('

I've made a mistake!! I wrote to a creditor last week, assuming that the assumed debt was statute bared, however, this seems not to be the case... I received a response from the creditor saying that the statute bared hasn't come to pass as yet. It doesn't until September 2012!! Four months time...sheeesh The original debt is from 2001, however, it seems that a payment had been made in sept 2006. Which means it's still active. I received a print out of three previous payments made around that time, September 2006 being the last one. My question is, what might be the best way forward with this situation, and as I have now contacted them, does that mean that it's another 6 years? I was considering asking them to prove that this debt is actually mine? I have pasted a copy of the letter I have sent, along with some details of their response...HELP I don't want to mess this up! this is the letter i have sent... Dear Sir/Madam, You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the limitations 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.” I 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me 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 CPUTR 2008” I 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. I look forward to your reply. Yours faithfully, This is a brief of the reply they have sent... Upon our own investigations, we have confirmed this not to be the case. The last payment made on the account was 19th September 2006 or the sum of £10.00, please find enclosed statement confirming this. the original default was registered on the 20th November 2003 with the original credit grantor **** and the account was opened on the 14th January 2001 As the sis year time limit as dictated by the Limitation Act 1980 has never expired, the matter is not considered statute barred.The current balance is therefore due and payable. Any constructive advice would be greatly welcomed!

I have sent my LBT and am waiting for a response. However I have received further charges in the mean time. My question is can I add these charges to my court claim if the do not pay up, or would I have to start the process over again for these charges? J x

OMG I am sending my LBA today and I usually send a copy of all correspondence via email because I get an automated response saying they have received it. Today though I noticed something strange!! As I accessed my online account details and went onto the contact us section where I would normally be given the option to e mail them, I was given a list of phone numbers and no e-mail facility!!! Has this happened to anyone else??? I will have to make sure I record the postage delivery now!!! What say you??? J x

Hi bracken It's a deal, we will get our money from them and i so look forward to reading that you have forced them to get their blankaty blank cheque book and pen out!! Getting more addicted now!!! J x

To be honest i am looking to the monyclaim option at this point also!! Good luck! J x

Hi folks!! What do you think of this for my LBA?? LETTER BEFORE ACTION Dear Sir/Madam, You are now aware, I understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. Again, I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. The offer to refund £286.00 of the charges as a 'gesture of goodwill' in return for a full and final settlement of my complaint is wholly unacceptable and my concerns remain unresolved. I calculate that you have taken £2,886 plus £34.35p which you have charged me in overdraft interest for the sum which you have taken. Total £2,920.35p I require repayment in full of £2,920.35p. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus 8% interest plus my costs and without further notice. Yours faithfully,

Hi bracken hun!! Thanks for your post on my thread!! Seems you’re a step ahead of me. I can’t believe the struggle you seem to be having!! They seem to be trying their luck at every turn!! Would it be possible to see the letter you have sent them declining their offer of £310? Did you e-mail and post it?? I am about to draft mine and post it on my thread I figure now is the time to start sending all correspondence by recorded delivery. Just to be sure I don’t get the “Opps what letter?” response. I am also going to take monkey_uk’s advice to avoid telephone conversations as it seems to me that they will do their best to turn me into Metal Mickey while listening to all those automated responses, only to play pass the customer pon da lef hand side with me after the wait!! To be honest I am just going to tell them it’s pay up or court! They ow me a lot and If I’m going to mess about with them I want it all to happen in the courts! If they are happy with that then so am I If not then I’m almost £3000 up I can’t loose. Well I probably can but I am ready to find out!! J x PS It is a bit addictive but not loads!! xxxxxxxx

Thanks monkey_uk!! That’s a great bit of advice!! I will continue to avoid any telephone conversations with them. I Agree it will not further my cause if I allow them to try to gain leverage over the phone. Jx

Profound apologies !!!! J x

Here is the response to my initial request for the reinstatement of the charges Initial request for reimbursement of charges reply Dear XXXX Thank you for your recent letter. I tried to call you to discuss your but you weren’t available to take my call. I am sure you will appreciate that like other organizations we incur costs for every transaction made. When we pay an item against an unauthorized overdraft or return an item unpaid, we incur costs regardless of the shortfall involved. We belief it is fair to pass these costs on to the accounts affected rather than absorb them into other areas of our operations, penalizing all other customers as a result. We clearly outline the charging policy in the terms and conditions that apply to your account. In addition, we are committed to complying to the Banking Code, which sets standards for good banking practice for banks and building societies to follow when dealing with personal customers. The terms and conditions of your account state that you must have funds in your account to cover your transactions. We cannot be responsible if you have authorised payments against funds that were not available. We are keen to help you to avoid any unnecessary charges by providing various ways to keep track of your account. You can do this via telephone banking, online banking of mini statement at cash machines. You can also contact one of our banking advisors at any of our branches. Here it comes folks!!! Ultimately it is your responsibility to manage your account. However, as a gesture of goodwill I am prepared to refund 286.00 of charges in full and final settlement of your complaint. I must stress that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly. If you are pre-paid to accept my offer, please sign and return the enclosed acceptance form in the pre-paid envelope. You recently received a copy or our leaflet explaining our complaints procedures. Should any of your concerns remain unresolved please let me know what you’d like me to do to put matters right. We are keen to resolve your concerns,if we are unable to do so we’ll provide you with details of how can contact the finantial Ombudsman Service for help. If I don’t hear from you in the next eight weeks I will assume you are happy. Damien Bradshaw Customer Relations Manager Core business team Customer relations It’s the sort of response I was expecting, my questions are: Is this a pretty much the sort of letter you good people received after your first request? There seems to be a veiled threat to potentially close my account should I just make preparations for this eventuality? Also, considering that my claim is for over £2880.00 and I am in no way going to settle for £286.0 what’s do I need to include in my next letter? Thanks for your help in advance J x MODERATED please can you stick to your original thread .This is for your benefit and also for the benefit of others following your case.

Hi all!!! I just want to make it clear that I think this site is possibly the 8th wonder of the world. The 9th would have to be that the banks have got away with this for so long! I am really impressed at how welcoming and supportive everyone is and the wealth of good solid information there is. Everyone is so polite in all the posts I’ve read so far, I haven’t once heard words such as day and light or even robbery. A big well done to the bright spark that woke up to them and wanted to open the flood gates on day asses!!! Pat yourselves on the back J x