Thank you and yes you were right, however, I’m still raising a complaint. at no time did Citibank inform me that there was an issue and why. when I called them they were unclear about what was happening and unhelpful. this has caused me huge stress, and I have fibromyalgia so stress causes my pain to flare up, so I’ve been bad for two days now. obviously my illness isn’t their fault but not being able to deal with customers with concerns adequately is. thank you to everyone who responded. I really do appreciate your help.

The DWP won’t help as according to them they’ve made the payment, and it’s the bank who has the money and they need to put it in my account. ive raised a formal complaint via secure messaging on the online banking and if it’s not in tomorrow I’ll ring again. trouble is I really found it hard with the call handlers, they didn’t seem to comprehend this was coming from DWP. ive sent all the references from the last payment so I’m hoping they can trace it. there was no sense of urgency with them and they had no idea why there was an issue. I’ll escalate it if no joy. I’m really surprised there’s nothing on social media, only seen one other person who hasn’t had their pension payment

Hi is anyone else having an issue where a payment they were expecting is not showing in their bank? my ESA should have been in my Citibank acct on 2 Jan 2020, it’s still not there DWP have twice confirmed they sent it and it’s been accepted by the bank. i can’t get any sense out of the call handlers, they keep asking what bank is the payment from and I keep telling them it’s from the U.K. govt. ive referred them to the previous payment for reference purposes. ive seen nothing much on social media apart from problems with fast payments at Lloyd’s (Citibank did use Lloyd’s for depositing cash as no branches in Manchester) I’m getting increasingly worried as I feel so helpless, ill ring the bank again tomorrow but to be honest it feels pointless as the call handlers are not understanding what I’m saying. anyone else having problems?

Ok I’ll stick to sending SAR to BC and see what that brings thank you very much for your help and advice

I’m tempted to write to them stating I won’t be paying as in my opinion the debt is statute barred, and unless they can prove otherwise, they need to stop trying to recover. This should at least give me the date on which the debt will become statute barred if it’s not already because they can’t prove it isn’t. I will SAR BC

If the last payment was 29/07/14 (which they have provided no proof for) then will the debt be statute barred this year, six years after that? i do not think I’ve acknowledged the debt since then? should I keep asking for documentation?

If the last payment was 29/07/14 (which they have provided no proof for) then will the debt be statute barred this year, six years after that? i do not think I’ve acknowledged the debt since then? should I keep asking for documentation?

That was probably me misinterpreting the advice, as I had no paperwork to rely on I had no idea when the default happened and when the debt was passed on.

I want to change my bank account because my current one is rubbish I’m not bothered about my credit record for getting overdraft or loan, just need a basic account. if they’ve informed me the debt is legally enforceable but they’re still going to chase me for repayment when does that tip over into harassment? im thinking of writing to them stating I will not be paying the debt as it’s legally unenforceable and if they continue to hound me I will write to the FCA

are there any downsides to ignoring? They aren’t allowed to phone me because I’ve got serious mental health issues, and I’m happy to keep putting the letters in the bin. I could do with changing my bank account though so I’d rather not have anything on my credit record.

Hi can anyone make sense of this because I can’t. i got a pre court form from Cohen solicitors/hoist finance relating to an old Barclaycard debt I thought was time barred. following advice from here, I sent back form asking for more info, stating time barred and did a SAR to Robinson Way. Didn’t get a response within 30 days but following that got a letter saying they were still looking for information and all action on the account held. just received a letter today (no copies of any original documentation though) that states: we would like to now confirm the following details we hold for you which we hope resolves your dispute: your account was passed to Hoist Finance UK holdings 1 limited on 26/07/17 the last payment on your account was for £25 on 29/07/14 (I dispute this and I’m going to ask for proof) your default date is 26/02/12 your current balance is £5925 your account was opened with the original client on 30/11/01 none of the above has any documentary proof enclosed. As we have not been able to provide all details specific to your dispute we have marked your account as unenforceable, meaning we will not pursue any legal action, and informed our client to remove any reporting on your credit file, this will be actioned within 30 to 40 days. the above account remains outstanding, and we want to work with you to agree an affordable arrangement based on your individual circumstances. Remember that making regular payments towards your account means that: every month you make a payment your debt owed to us reduces and you will not receive collection letters and calls asking you to start paying (sounds like a threat to me) they go on to say they may be able to offer a reduction on the amount I owe and to call them. account on hold for 14 days after which collections activity will resume. so they’ve told me the debt isn’t legally enforceable but they still want me to pay, is that right or am I misreading this? I’d appreciate some advice as I’m currently on ESA and PIP as had to give up work due to ill health and I can’t pay this. im thinking of going back and asking for copies of documentation backing up their dates and information because I’m pretty sure the last payment on this account was 2012. any advice gratefully received as CAB, debt advice in my area is totally backed up with long waiting lists. thank you

I'm in the same boat, got awarded support group November 17 got ESA50 form Oct 17 and now assessment end of this month. I'm thoroughly fed up, the stress of the assessment makes me very ill and its unnecessary I'm not going to get better. In fact I'm worse, got four hospital referrals on the go currently. It's just designed to make you give up

In relations to the overpayment it is £443 about one months wages, I did not know I had been overpaid as apparently when I started I was paid in advance, I just thought it was money I was due. I finished work on 7th January and was paid on the 10th. I did not contact M&S they contacted me. As regards my accident, I came into the staff part of the premises (reception area) before my shift started and slipped on a wet floor, someone had spilled something by looks of it - there were no signs up as they had not been aware of it before I fell. I was told to wait on the floor until a first aider came which I did and therefore I assume it was put in the accident book at the time. I did hurt myself, I hurt my hamstring at back of my leg and had to go to doctors and had a few days off work. I did want to take it further but was put off my a fellow employee who said I would pay for it in the long run if I won my claim and that M&S are famously litigious and would fight me all the way. I am so sorry now I didn't claim. Not sure if I still can, can't remember the date but would be able to find out off my GP as it will be on my record. I am going to do a SAR to M&S for all my employee records etc to ensure this pay thing is right. I used to do a lot of extra hours and they were renowned for 'forgetting' to pay them. I was happy there until I got a new manager and section co who I feel persecuted me to manage me out. There had been a lot of sickness in my dept, my previous mgr had gone off with cancer, and other members of staff had had time off for various stuff. They wanted to up the figures and I guess I was the easiest to get out with my anxiety and depression. I realise what you have said re defending is not good news, so what do I do? I really am not up to going to court to defend myself currently, am on medication and under care of my GP and consultant, will they postpone the case until such time as I am well enough or will I have to do it? I am going to see the mental health team near me for advice as I'm sure they've come across this before. I do feel that M&S actions are making me ill so could I counter claim? What is the time limit for claiming for the accident?l

Hello in January 2012 I had to give up my part time job at M&S due to ill health, I was suffering anxiety and depression and joint pains. I got a new manager and section Co and they basically forced me out by being unsympathetic and behaved 'appallingly' to me according to M&S own counselling service. When I said I wanted to leave due to my depression I was told I only had to give one week notice which I worked, nobody mentioned any money. I had had a fall in work on wet floor and injured myself but didn't take it further as wanted to keep my job. I was paid the week I left and a few weeks later I was sent a letter saying I owed them that months money back. I challenged this and told them I had no income (as had been turned down for ESA) so couldn't pay it back. They then referred it to a solicitors who have hounded me ever since despite my husband writing to them and telling them I am suffering from anxiety and depression under care of consultant psychiatrist since February, next appointment November. I have now received a summons for the amount plus interest. I now get benefit but as my husband is self employed and struggling at the moment all my money goes to mortgage and bills and I can't pay this amount in full. We did approach capuk about debt counselling but because I wanted my husband to deal with it on my behalf they wouldn't see him only wanted us both and to be honest I am not up to dealing with my debts currently. I have other debtors who have accepted this but not M&S I am livid about this, I feel they are hindering my recovery as this is causing me so much stress. Also it must have cost M&S more in solicitors fees than the debt of £440! What can I do? I am going to contact the court on Monday to say I am too ill to defend and send medical evidence off, proof of my consultant appointments and letter from GP I am seriously considering going to the press about this, the money owed is a miniscule drop in the ocean to M&S and I feel their behaviour is appalling. This could drive me to consider self harm if not resolved quickly it is the last thing I need when I am so ill. Any suggestions and is going to the press a good iidea to get them to back off?

Despite me telling them I could only pay £200 and having that set up as my monthly payment they have taken £341 today leaving me not enough money to pay my mortgage. This is making me ill now and I don't know what else to do, any ideas?

I am having issues with my egg card, I was very ill this year and so missed two payments, have started paying again now £200 a month which is absolute maximum I can afford but they want £341 as min payment and they are threatening to default me. I have never had any probs before. here is text of my email to them following letter. Please take this secure email as a written formal complaint on the handling of my account by EGG. I have now spent several months attempting to communicate the following points to EGG and they have been ignored causing me severe stress at a time when I am suffering from depression and anxiety. 1. My egg card payments were suspended for two months while I was off sick from work due to having a nervous breakdown. I spent 4.5 weeks in an acute psychiatric unit and a total of four months off work. This affected my financial situation. 2. I have made it clear I cannot clear the outstanding balance but I have restarted regular payments of £200 from end of August and these will continue. I am not using the card indeed it is cut up. This should be sufficient for EGG to suspend collection activities and not to threaten me with default notices. I cannot pay more at this time. 3. I am requesting a reduced payment plan of £200 per month until the account is clear. I cannot pay the minimum payment required this month of £341 but by continuing to make the £200 payments which is the maximum I can afford currently the balance will be gradually reduced. 4. I requested no phone calls to my home as these caused me stress, despite regular requests phone calls continued until I changed my details online. 5.When securely emailing EGG I was told my messages could not be seen by the collections team which I believe is wrong as your advice on the internet clearly states if a card holder is having issues they can contact EGG by secure messaging. 6. I will contact a collections adviser on Monday to discuss my case but I will be requesting reduced payment plan. 7. I would like to make it very clear that your actions in telephoning me, ignoring my requests and now sending me a letter and having an email on my account which threatens me with debt collection agency and default notices when I am clearly trying to make payments to clear my account has had a very negative effect on my mental health. I am taking a high dose of anti-depressants and still under the care of a consultant and therefore unable to function normally at this time. At no time have EGG acknowledged this or taken steps to help me in light of the information I have provided. 8. A copy of this letter is being sent to the complaints department. I look forward to a comprehensive written response. Any advice on this issue as to how I can avoid default? I am also going to cca them and see if I can claim back my ppi got some back on my egg loan (now paid off)

Sorry just realised I used pray instead of prey! Just come back from my Christmas do and a bit tiddly!

my letter along with pressure from local trading standards about the poor contract from the gym helped and I ended up paying only the £47 I originally offered and CRS didn't get the fees. I suggest anyone uses the letter I sent and also get trading standards involved. These people pray on those who don't know the law and who will pay up for a quiet life. They don't want to go to court as their case wouldn't stand up particularly regarding fees. The gym I joined was told to change their contract and to desist from making cancellation charges so they lost out big time.

Stick with it, I had similar problems I sent them a letter and they backed off. Also get trading standards involved, I did this and they were brilliant. For a copy of my letter check out my thread

see other post CRS extortionist for help

Hi Just managed to sort my issue out, I have paid £47 to CRS and matter closed. Just a pity they didn't accept my offer over 2 months ago. Get in touch with your local trading standards, mine in Manchester were superb, the gym has been told to sort out it's contract which was misleading and unfair and stop trying to charge people £100 for cancelling! I also attached something from consumer direct which appeared to support my case. They wrote back saying they would accept my £47 and didn't have to send CCA as not a credit agreement. This is the text of the letter I sent that seemed to stop CRS and the gym in it's tracks. Dear Mr Knight RE: CRS Ref No: xxxxx Your Gym Ref No: xxxxxx I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE IT THIS BY PROVIDING THE FOLLOWING DOCUMENTATION AS REQUIRED BY OBLIGATION, WHETHER YOU ARE THE ORIGINAL CREDITOR OR NOT, UNDER SECTION 189 OF THE CONSUMER CREDIT ACT 1974. 1. True copy of original credit agreement 2. Statement of account 3. Copy of the executed deed of assignment from (put your gym name in here) to credit resolution services. I enclose a postal order to the value of £1 which represents payment of the statutory fee payable under the consumer credit act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. The sum supplied should not be used to reduce any debt, indeed to do so is unlawful. I am disappointed you have again refused my reasonable offer to conclude this dispute. I note you do not accept my points as to why your charges are not valid and I understand you are commencing legal action against me. At this stage, any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be in dispute. The court will want evidence that all steps to seek a resolution have been taken before proceedings commence and I do not believe that (your gym name) or CRS have fulfilled their obligations to this end. Please also note as part of my defence in any court action you will be asked to justify this charge giving a complete breakdown of the costs. In a previous letter you stated that the cancellation form from GL-14 allowed you to levy your charges. This is incorrect, the form allows GL-14 to charge a fee for non adherence to the cancellation policy. However, I believe Trading Standards in Manchester have contacted GL-14 and advised them that this form is legally unenforceable as the fee is a penalty. Indeed GL-14 made no effort to enforce this fee which suggests they knew it was unlawful. GL-14 will also be advised that their contract document is misleading and that it needs to be amended, therefore it would appear at least two of my previous points are valid and have been independently verified by trading standards. My offer to pay £47 still stands, but due to your intransigence and that of your clients, it seems that we can only achieve a reasonable outcome to this matter by allowing the courts to decide, although this will involve us both in extra expense and time wasted with court proceedings. I will be making a counter claim for misrepresentation as GL-14 misrepresented both the contract and the cancellation procedure to me and provided me with a cancellation notice that was legally unenforceable under current consumer law and also against CRS for misrepresenting your charges as a debt I am liable for in the absence of any contractual obligation on my part. I draw your attention to the OFT guidelines on debt collection: Charging for debt collection 2.9 Charges should not be levied unfairly. 2.10 Examples of unfair practices are as follows: a. Claiming collection costs from a debtor in the absence of express contractual or other legal provision. b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision d. applying unreasonable charges, for example, charges not based on actual and necessary costs e. applying charges which are disproportionate to the main debt. I consider your charge of £60 to be disproportionate to the main debt and not based on actual and necessary costs. I look forward to receiving your summons. Your assurance that you ‘would be successful if this goes to a hearing’, is purely speculative on your part and therefore was written solely with the purpose of intimidating me into paying this disputed charge. Indeed I believe you may be in breach of the: Malicious Communications Act 1988. This deals with the sending of letters or articles for the purpose of causing 'distress or anxiety'. A person found guilty can be fined in the magistrate’s court. To prosecute successfully the letter or article sent would have to convey: a message which is indecent or grossly offensive; a threat; or information which is false and known or believed to be false by the sender. I believe you cannot know whether or not your claim will be successful until a Judge decides, so you have sent me information which is inherently false and thus constitutes a threat. If you continue to harass me in this manner I will be forced to take action under the protection from harassment act 1997. I look forward to receiving the information requested within the statutory time limit. This seemed to do the trick along with getting trading standards involved. Still a bit miffed that I ended up paying anything but was worth the £47 to get this sorted and as I had offered to pay this several times it seemed better to fulfil my obligation. Hope this is helpful. Good luck

When I joined a gym I signed a cancellation form which stated they could charge £100 if I failed to adhere to the cancellation policy. I have just had it confirmed that this form is legally unenforceable by trading standards who have advised the gym to drop it. They have also been told to make their contract clearer as it says annual membership in huge letters when it is actually a continuous membership (in the small print) I would get in touch with your local trading standards and ask them to investigate this as they were very helpful to me.

Thanks Silly girl. It is Credit resolution services based in Haywards Heath. I think they are bonkers, they have an offer and they won't take it. I don't think they will be able to make their charges stick in court so willing to take it all the way now. For a start they have to justify the charges so £60 for sending a letter! I'm not even going to reply to this letter. I think the gym are playing hardball as I have messed up their cosy little cancellation fee arrangement. I would be interested to know how many people have paid that illegal charge just to avoid messing about!

:confused:Is it likely a DCA would take me to court for £107? I have refused to pay their charges of £60, but have twice offered to pay the amount outstanding to a gym (£47) they keep sending it back and have now said they 'shall commence court proceedings as they feel they would be successful' I got my local trading standards involved and have had some success as he is going to stop the gym using a cancellation fee and make them make their form much clearer but he can't say if the fees of the DCA are legal or not. He has given me a number to ring for law advice, but all the stuff I have read on here tells me that unless there is a contract between me and the DCA they can't charge and it won't stand up in court. There is nothing in my contract with the gym that says if I don't pay them they will pass to DCA and I am liable for the charges. Can anyone advise? Here is the wording from trading standards, note the company are not willing to exercise any goodwill! If they do issue summons I will be counter claiming misrepresentation etc have now seen an application form. I have been in correspondence with xxxx. She produced a letter dated 5 June and an e-mail on 10 June that mentions the debt collection agency should you not pay. I am afraid that I don't think that the term requiring you to give notice in the first 7 days of the month that you wish to cancel would be unfair under the Regulations. The company are unwillingly to make any goodwill gesture and say you will now have to deal with the agency. It seems to me that they can argue that as you did not pay the employed CRS to recover their debt and so you are liable for their charges, but I am not an expert on contract law. Manchester Advice can give assistance with civil law matters on 0161 234 1557. I find the term in the 12 month cancellation policy purporting to allow them to impose a £100 fixed penalty is certainly unfair and will be requiring them to remove this. I believe that this would be unenforcible, but they have not tried to enforce it. I also believe that the "Annual Membership Application Form" is misleading as it is actually a membership form for a minimum of 12 months, not one that has to be renewed every year. I will be advising them accordingly. It may be that you can sue them for misrepresntation over the 12 month contract and incorrectly informing you about how to cancel.

Any further information on this post? I have sent my issues with the gym and crs to my local trading standards. Not heard anything yet but living in hope they can help me sort it.