OK - thanks. I will take your advice and see what happens. After all, I did pay them, they are the ones that returned the money and I can prove that. Next month the standing order will be automatically paid again so we will see if they return it again. In the meantime I will sit tight and wait to see if they write to me. I refuse to deal with them by phone and have told them that in the past so they may be trying to force me to call them to arrange a higher payment but as the judge told them all those years ago, once they take it to court the courts decision is final and they have no right to any other agreement. I truly appreciate your help. Thanks.

I have found the original judgement. Claimant was HFC and payments were to Wightmans. I did think of making a manual payment to weighman's to see if that got returned too, after all the judgement does state to pay them. If it did go back to court, do you think I would have a chance of having the judgement cancelled and wipe the debt after such a long time? After all, I do believe that a lot of trickery has gone on with this case. Yes, I am sure that I was scammed but at that time I had no knowledge as I do now. I should have defended it not admitted it. A year later, after getting educated on the situation, I had a similar case with Barclaycard which was total fiction other than around £1000. I did fight that and had the whole debt written off including the amount I did owe. Hindsight is fantastic but expensive thing. Getting back to Wightmans, they did at one time write stating that there was a charge on my property and that they would enforce it if I didn't contact them to arrange a new payment schedule. The charge did not exist and still does not (I checked) because the court refused it. Pure trickery. I simply ignored their letter and continued paying £10 a month as instructed by the judgement and nothing happened. But it would be nice if I could have the judgement cancelled after all their trickery and the stress they have caused me over the past 14/15 years. They have had a real lot of money out of me especially with the huge interest and charges they added that I should never have been liable for. Otherwise, I am happy to just pay them £10 a month until I die so long as I don't get forced back into court to pay a higher, not affordable amount. Thanks to all of you giving me advice. court order.pdf

It was a credit card. So long ago I cant remember which card but I think I got it through Saga. Of course, after such a long time it is not on my credit report now even though I am still paying it. My credit report is now a million percent perfect.

I have a county court order made in 2006 to pay £10 a month. I have never missed a payment and always paid by standing order 2 weeks before due date. The debt was for a credit card and the original amount was £11,440.80 including solicitors and court costs. In my naivety I admitted the debt without any proof of how the amount had been calculated. Weightmans solicitors went back to court in about 2007 requesting for a charge on my house and a change of payment amount. I attended court. The Judge denied the charge on the house taking into consideration it was joint owned. The judge asked solicitor what had changed to warrant a payment change. The solicitor said nothing had changed but the original CC agreement was for more. The Judge said that the original agreement was null and void because a court order had been made and if nothing had changed there was no reason to vary the original order. The solicitors costs and court costs were added to my outstanding amount but upon my complaint, removed. I continued with my regular payments by standing order. 2 years ago, january 2019, I received a letter form weightmans REDUCING my debt by £1814.79 with the reason given that there had been a mis-calculation. In my mind this means that the original amount must have been incorrect and that the fees charged may have been higher than they should have been. I continued making the standing order payments and the amount still outstanding is £7956.01. I always made sure payments were made in good time because I did not want to give weightmans a reason to be able to re-open the case and ask for a higher payment. I am 77 years old and living on a reduced state pension of £121 a week so life is financially difficult for me without increasing payments. However, this month my £10 standing order was paid on time as usual but weightmans returned the payment to my bank. They are obviously very tricky and I can only think that they are trying to put me into arrears to enable them to go back to court again. I do not want to talk to them on the phone and have only ever dealt by mail with no contact at all since the court appearance 14 years ago. Can anyone advise me what I should do to avoid them being able to vary the original court order. Thanks in advance.

Plus I paid it over 15 years with a big deposit

No arrears or other charges, always paid on time in full. Just eagerly waiting for the 16 months to pass!

I thought I was good at maths but can anyone explain this to me? I have just 1 year and 4 months left on my mortgage. The mortgage rate has just reduced by 0.25% thus my mortgage rate has also reduced fro 3.75% to 3.50%. My repayments were £357.62 a month but have INCREASED to £378.10. That about 6% INCREASE per month. The mortgage company put a note with their letter saying the increase is because I am near the end of the mortgage term but I really do not understand that. If the rate has gone down surely the repayments should go down too. Can anyone explain this to me please? #confused.

Thank you so much for those links. That information will at least lighten the weight of the problem for my friend's widow. I will try and get her to a solicitor before the funeral if she is emotionally capable. Once again, Thanks.

I don't know if this is the right forum for this - if not perhaps you could direct me to the correct place. My friend recently died following an operation in hospital. He only married his wife (now widow) 3 years and 8 months ago (2008). My friend left a will dated 1999, which was 7 years before he met his wife, but apparently did not alter it (unless a later will has magically disappeared). The will leaves 100% of the estate to his only sister and the executor named is his sisters husband (ie brother-in-law). Thus his widow is left with nothing, neither cash nor property. My friend's widow had now been told (by the brother-in-law executor) to make arrangements to leave the house after the funeral because she has no right to stay there. Clearly, she needs to contest the will and, if possible, the stated executor to obtain at least something from the estate. How should she go about this? I would add that the wife has also, for the past 2 years, been not just a wife but a carer for her late husband when he became disabled. Thanks in advance, Mal.

No confirmation - totally ignored. May or may not have sent signed for (I would have to check my files) but a cashed cheque of the same date as my letter should be proof of receipt. Also, I use Royal Mail online postage which does give proof of payment of postage to the address and a reference number to track that it was actually posted subject to the post office's usual lethargic system. However, even signed for can be a pain to prove - I have found that tracking a signed for to banks sometimes comes up still in process. I think that they must have a way of recieving without signing to cause this. I will send the statute barred letter and also refer them to my letter to Barclays that was ignored. I think they may just be part of Barclays anyway, just using a different hat to bluff me. Unless they both use the same building. Postcodes match both companies.

Thanks for your replies. The letter I sent with the £1 did state "I enclose the sum of £1.00 which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit for compliance. Under those circumstances, you must return the fee." They did not supply nor return the cheque. OK - I see your point - Lowells may try to claim that this was a payment but sure Barclays STOLE my £1 by not using it for the purpose it was sent. Surely a court would not stand for this? I am due to check my credit file next month - always do it every 6 months. Again, thanks for your time.

My Last letter to Barclays in December 2009 to which no reply was received. Thay have now recently sold the account to Lowells who are suddenly demanding payment. Letter dated 14 December 2009: I refer to my letter, dated 12th November 2009 which contained formal request pursuant to sections 77 and 78 of the Consumer Credit Act to which you failed to respond direct. Whilst I note that you passed this to customer relations as a complaint, such action failed to address your legal requirement under the above mentioned act. Customer Relations response was to cite the “statute of limitations” which bears no relation to the Consumer Credit Act. To state that the matter is time barred is untrue. Additionally, the statement that I unreasonably postponed the matter cannot be taken seriously when I have been communicating with both your office and a number of others acting on your behalf for the past 4 years. The use of the Consumer Credit Act was my final attempt to get you to take notice and get this matter finally resolved. As I stated in previous letters, many of my requests have been totally ignored without reply. In effect, Customer Relations response is claiming that I am not allowed to have evidence of what the alleged account is for, what payments have been credited to it, what charges have been applied to it and who, if anyone, it has been assigned to. You are expecting payments to be made without any proof of what is happening to those payments and ignoring your legal obligations. In addition, you are processing data about me without giving evidence that you have permission to process that data. The use of the “statute of limitations” in their response appears to be nothing other than attempt to hide the fact that these acts are illegal activities. Additionally, Customer Relations have tried to persuade me that contacting the Financial Ombudsman may be pointless. I put it to you that if, as Customer Relations claim, the account it “time barred” then payments to the account must also be time barred. Unfortunately, Customer Relations do not appear to respect the fact that the Consumer Credit Act and the Data Protection Act have preference over any decision made by themselves or the Financial Ombudsman. In my letter of the 12th November 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment, if any. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account, along with any other documents mentioned in the credit agreement. I reminded you that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974 (as amended). The Consumer Credit Act allows 12 + 2 working days for this request to be carried out before your company entered into a default situation. The time limits have now expired and your company has committed an offence. Therefore, this account is in DISPUTE and no further payment will be made by me to the account as you have failed to comply with a request for a true signed copy of the alleged agreement and other relevant documents mentioned in it. Also you failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974 (as amended). I now require the following from you: • Removal of all defaults and other information regarding this account from all credit reference agencies. Note that this is to be a complete deletion and not merely an amendment. • As required under Section 10 and Section 12 of the Data Protection Act 1998, you are to cease all manual and automatic processing of my data within your company and any other company within or instructed by your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Barclays Bank or any other company within the group to comply with the removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities regarding your illegal activities under the Consumer Credit Act. I look forward to your reply within 14 days to resolve the matter amicably and without further harassment by yourselves or any third party instructed by you. Yours faithfully,

I am in England. Yes, your dates are correct but letters have been going back and forth which may or may not cancel the statute bar. At one point, long before it could have been statute Barred, Barclays claimed that it WAS statute barred and explained to me that it meant that they did not have to supply proof any more but that I had to pay!!! I am about to post my last letter to them in which you will see this and other "Jokes" they tried to pull the wool over my eyes in an attempt to get my money. At one point, they sent me an undecipherable computer coded "statement" of an account that was held at a local branch. But I have never had an account at that branch! The only Barclays branch I have had an account at is in London 250 mile away.

Thanks for your response. Barclays cashed the £1 cheque which showed on my bank statement. Alliance and Leicester did not give stubs with their cheques but I would hope to get proof from them that it was paid to Barclays if needed. This whole fiasco has been bouncing from company to company for years. Barclays themselves seem to employ either mentally deficient or clowns for their collection operations. The route has been bouncing between Barclays and a number of other companies including Bryan Carter whom I previously issued a CCA. Bryan Carter returned my cheque and directed me back to Barclays who I then sent a CCA in November 2009. Bryan Carter then dropped the case. Barclays continued via 2 departments! Collections and customer relations! I will post details of my final letter to them from 2009 because it explains some of the "Jokes" that Barclays used to try to cover the (probable) fact that they have no records of this account.

Thanks for your response. Notification came from both Barclays and Lowells IN THE SAME ENVELOPE and judging by the addresses they appear to be operating from the same office! Bank loan and last payment many years ago - default was in January 2006 and should have now automatically dropped off my credit report.

I'll try to keep this brief. BARCLAYS BANK. After years of hassle I sent a CCA in 2009. Barclays ignored it but kept my £1 fee. I sent an "in dispute and time expired " letter which was also ignored. Since then, total silence. Now some two and a half years later I have suddenly received notification that the debt has been sold to Lowells who have now sent me 2 letters demanding immediate payment. Does the expired CCA still apply to Lowells or do I have to go thru the whole CCA procedure again for them? Thanks in advance.

I have had bills in the last 12 months but they have all been severely overcharging me. For 2 years (mid 2003 to mid 2005) I had no bills at all (excuse was the company changed ownership) and when I got them they were overcharged and showed over £5000 outstanding. I have without fail paid the DD which covered my use but it has been years of arguing to get to this point where it shows £1500 outstanding. So many mistakes, excuses and apologies. 3 years ago they sent a ghost to test my meter - well it must have been a ghost because no-one called on the appointed day that I know of (I'm always in to answer). Yet the "tester" submitted test results that showed my meter was accurate within allowed limits. Someone got paid for that job! However, the phantom test did make them realise that I had been overcharged for nightime cheap economy 7 being charged at daytime rate. That was sorted in 2007 - so they told me - but in August this year (2010) the same overcharging was found to have continued. The cheek they have got to claim that I should be grateful for reducing my bill when they should not have charged it in the first place. They have no idea of the stress it causes to have a bill of £5000 then another reducing to "only" £3000 and then to be told that they will be taking £400 a month from me when that is almost my total income. At least it is down to £1500 now but £200 a month will still make it impossible to live. If all they can do is go to the county court I am happy for that to happen becasue no judge will make me pay so much that I have no money left to live on. and I may even get a reduction if I'm lucky once I show all the complaint letters that I have written over the past 7 years.

Trying to keep a long story short (7 years long!). Atlantic Electricity - I was paying £100 a month, they demand £200 a month. I increased to £135 a month which is the most I can afford but they are demanding £200 or else "regrettably our collections procedure will continue". What can they do if I only pay the £135 a month. 7 years of hell - more than 2 years without a bill even with meters being read and when eventually received 4 years ago there were many thousands of pounds of overcharging (partly due to economy 7 nightime rate being charged at full rate). 4 years of stress and fighting they eventually gave me a "correct" bill for £3500 outstanding. I still complained that my £100 per annum loyalty discount had not been applied. Yet again they went thru my bill and still found errors amounting to a further £2000 thus reducing it to £1600. This years loyalty discount still had not been applied so I pointed this out and suggested that they wipe off all of the oustanding amount to compensate me for the stress I encountered over that last 7 years from them. They replied ". As we have already cleared a total of £2026.08, we feel this is adequate for the errors made." (they reduced the bill by the amount that they should not have charged in the first place!) Always by DD, I was paying £100 a month. They attempted to take £400 a month so I cancelled the DD. I increased to £135 a month manual payment but they are still insisting on £200 for 4 years. I am a pensioner disabled with COPD and live on £89.57 a week state pension plus a small private pension of £30 a week. £200 a month for 4 years is impossible to acheive. If I continue to just pay £135 what can they do to me? I suggested that they take me to court becasue I believe that a court would set a fairer amount but they ignore my suggestion and simply say "our collections procedure will continue" which doesn't tell me much. Can they cut me off (especially at wintertime) or can they simply go to court? Theres more, much more - including lots of lies from them - but this posting is long enough already.

I had a MBNA credit card debt of over £13,000 and eventually did a deal with them. It took around 3 years of haggling but eventually they came round. I paid nothing during the haggling. I work on the principle that if an IVA can reduce a debt to 25%, then the creditor may be better of to accept 30%. I offered MBNA £4000 to clear the debt. They originally responded by requesting 70%. I always responded to their letters with the same 30% offer. More than 2 years passed with their continued rejections gradually reducing the required amount and my continued 30% offers. Eventually, they accepted my offer of £4000 and I paid with the wife's help of her credit card which I am now paying faithfully. After all, £4000 is easier to pay than £13000. I wiped out £9000. It worked for me but I cannot guarantee that it will work for you. You lose nothing by trying but you do need to be able to pay the reduced amount in full by one way or another. If you need to continue with monthly payments, you wont get a reduction. Having said that, I have had 4 other creditors wipe the debt off completely and even mark my credit record as satisfied. So if you persevere, you can at least reduce your total debts without using an agency provided that you think logically.

Currently having dwealings with Ival. They are the same as BeValued and I have a letter stating both names. My insurer is Saga and I have a like for like new for old policy. My claim is for a television that has water damage due to a storm damaged leaking roof. My first contact was Saga who said "have you tried switching the TV on to see if it works?". Water and TVs dont mix so I natuarally refused. Next the loss adjuster visited and immediatly condemned the TV, authorising a replacement via Ival. But now Ivac are offering to replace with a 26inch widescreen Goodmans value £249 to be supplied by Comet. The damaged TV is a 28inch JVC regular screen that cost £999. They claim that they don't supply JVC brand (Yet Comet do!) and that the size reduction is because widescreen sizes are a size down for comparison. The opposite is the truth - for the same size standard TV you have to get a size larger!! 28 inch is nearer 32inch. A 26 inch equates to 24inch in the old format. So not only am I offered a poor brand against a good brand, I am also offered a reduction in size!! I now have to go back to the loss adjuster to see if he can sort this out because it seems to me that the claim is being double loss adjusted and I am the loser. I might add that this is my first ever claim and I have had this policy for 9 years at a premium of over £800 a year. I am not happy.

It is only libelous if it is untrue and nothing I have written has been untrue. I also have a dispute going with MBNA as they have been using devious methods to charge me virtually 100% interest rate for 2 years which went unnoticed! I have similar comments about them too but I will keep them to myself and quietly read the forum in the background without posting - thus protecting you from your fears. This was my first post and will be my last - but I would like to add that I have been dealing with banks both personally and in business for more than 50 years. In my lifetime I have never before known a time when banks or money lenders were allowed to cause such relativly large sums to be "gently" removed from their customers accounts for such small transgressions.

I have read much on the subject prior to my letters and it was the template letters that I used with a small amount of editing for my situation. In all matters, persons or companies have a legal duty to mitigate any expenses. But Halifax maximised the costs in this case - thus charged twice for the same action. £30 for not enough being in the account then £28 because the account went over limit (another term for not bing enough in the account). This is like parking on a yellow line and getting a 2 tickets - one for parking on a yellow line and another for not parking off the yellow line. I do not think that the word "steal" is too strong. You seem to be looking at this from the wrong direction. I clearly instructed Halifax NOT to take the charges from my account in advance. They still took them. The onus should then have been upon Halifax to prove in a court that I owed the charges, not just take them. The money was my property and to take the property, having been told not to, is an act of theft. The intention is clearly to deny me my property - which is the basis of a theft. If I owed you money and you tried to take my wallet from my pocket to repay you forcibly - you could be arrested for theft. Especially if I had told you in advance not to touch the money. The onus would be on you to sue me in a county court and prove that I owed the money. If successful, the court would then instruct me to pay you - but you would not have the right to simply take my money from my wallet if I told you not to. Halifax have done exactly that - I told them NOT to take the charges as I believed them to be illegal charges and asked for proof of what their true costs were - but they still took the charges - forcibly took them from my account in the same way as taking from my wallet. If I have refused them permission to take the charges (as I did in my letter), they should have taken me to court to recover those charges if they could prove that they were legitimate. Mal.

Hi Everyone, I have had my account with Halifax for more than 10 years. This is the first time it has gone over my silly little £100 overdraft. A DD was paid 1 day earlier than expected and caused my OD to excess by £35.50. 24 hours later, the overlimit was rectified. Also, the sum of £387.90 was, at that time, in progress of transfer from my Halifax share account to my Halifax current account. The failure for it to appear in the current account is entirely due to the very slow speed that Halifax transfers money between these accounts. I received a letter charging me £58 in total, £28 for paying the DD when there was not enough and £30 for being over limit. This is really the same item being charged twice. This is outrageous, especially as Halifax did have £387.90 of my money that I was temporarily denied access to. Their own action of paying the DD caused the overlimit thus maximised the penalty charges to a double charge. I sent Halifax a first letter instructing them not to take the money or else I would send a letter before action. It was ignored and the first part of the charges was taken so I sent a letter before action, giving them 14 days to refund or I would take court action. Halifax did charge the first part of the penalty charges (£30) but so far have not taken the second part (£28). They have now sent me a letter noteing my complaint and saying that they will look into it and I will get a reply within 4 weeks! They did also charge me 13p for the 1 day that I was £35.50 over. As this is the amount that would have been charged for an arranged overdraft, I would imagine that this would be deemed to compensate them for their "inconvenience". So far they have failed to inform me of what they incurred to warrant £58 worth of expenses as I requested. They are still within the 14 days I gave them in my notice before action so it will be interesting to see if they reply inside the deadline. They totally ignored my first letter (sent in duplicate) but answered my notice before action letter (also sent in duplicate). Cat and mouse I suppose - if they can stall by ignoring the letters, they will! Mal.