Where do I start... There is a Current account in my name dating back to the very late 90's when I was a student. I had many accounts during university, taking advantage of the many overdraft facilities on offer at the various banks. Hand on heart, is this account mine? I honestly don't know. At one stage the debt of circa £3k was being managed by Apex Credit Management. I was young, naïve, conscious of credit reports as I was in the process of buying my first house, and so I relented and started a payment plan with Apex in say 2003 to 2008, the debt now stands at £2.6k. As I became a little more clued up, not as much as you all on here, I asked Apex to prove the debt was mine as they had bullied me in to paying. I sent off the £1 fee and nothing came back. The debt recovery was eventually stopped, and the account reverted back to HSBC. Earlier this year HSBC contacted me via letter and said the account was being dealt with by Lowells, then Hamptons (I think), and when I pressed for proof that the account was mine, HSBC quoted the 'statute of Limitations Act' saying they do not keep records beyond 6years, furthermore, my time to dispute the matter with the Financial Ombudsman had expired as their letter of this year was over 6mts old, coincidently, Lowells letter to me was the day after the 6month time limit had expired. Do I have to pay this debt? Will it show on my credit report? Any advice would be welcome.

ive been out of work for 5 months living on my over draft of £1500 i always had this under control when i was working and was hardly in it, now the bank keeps putting £31 a month interest on top which has now put me in a unplanned over draft of £132.00 totalling my overdraft now to £1632.00 I had lloyds tsb send me a letter saying i must settle £132.00 by this day and if i dont they will pass it on to solictiors etc. i phoned them saying i can make a payment of £5.00 per month until i get back into work but they said no. their solicitors want me to pay the full £1632.00 and state daily interest will occur as well now i feel there is no way out for me what is the point in me making an offfer of repyament if these are sticking daily charges on top of it until it is out of control. Now they are demanding i pay the full amount within 14 days Lloyds TSb even made me fill out an Income and expenditure form then didn't bother replying back to me then i get this letter. What can i do ? end of the day they should freeze all interest and charges so this can be cleared.

Hey guys Three days ago a bloke turned up at the door and handed me an SD issued by DrydenFairfax on behalf of Capquest for an Lloyds current account overdraft for an amount of about £1k. In the POC they suggest a default notice was issued in July 2009 by the OC. I don't recall any default notice or notice of assignment to Capquest. I did have this account in dispute years ago and SAR'd them. I've had a look through the stuff they sent me and cannot find any default notices etc. I've read quite a bit about getting the SD set aside and reasons for do so, but I'm a bit confused as to the difference between overdrafts on current accounts and credit cards. Most SD threads relate to credit cards and the suggestions about sending the £1.00 CCA request don't relate to current accounts/overdrafts. With regard to setting the SD aside, bearing in mind this is an overdraft I am of the opinion not to send the CCA request. Is that correct? Is there anything I should be aware of when replying back to these clowns with regard to it being an overdraft and not a credit card, or can I still use the usual defences that have been discussed many times? There are defence elements that I've read that refer to the Consumer Credit Act 1974 (eg On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the ConsumerCredit Act 1974.) ...I didn't want to include anything in my defence/reply to them that is not relevant with this being an overdraft. Please can someone clarify? Many thanks KMAN

As some of you know I got LLoyds/tsb to discontinue with their £11,000 claim against me. Which really ****ed them off as they attended 3 hearings with barristers. I signed non disclosure documents. They agreed to pay me all my fair and reasonable costs immediately! If I reduced my costs, which I did. While waiting for the payment which took 6 weeks I went over my overdraft limit by £120. They have now withdrawn my overdraft and put it in the hands of moorcraft. There is no option to get back under my limit the total overdraft is £3,120. I am sure the delay in payment was no coincidence! I have no proof of course. If they had paid on time I would not be in this position. Lame excuse I know ,but true. Absolutely skint. Apart from my Costs check but that will not cover it. Not sure how to go about this. Regards Jack

Hello everyone, I really hope someone will be able to advise me in the following incident. I opened a current account with Lloyd's in 2008. Never had any issue. In august 2012, I moved to the states for one year. My account balance was £0. I didn't not plan on using my account abroad and therefore did not think it was necessary to make Lloyd's aware of my move (big mistake). When I moved back at the end of 2013 I tried to get a phone contract and got denied which is why I signed up with experian. That's when i found out about a default from Lloyd's against my name. I was devastated. default date-summer 2013 Default amount-£201 It seems as if the actual amount I owe was less than £5. The rest was based was based on penalty fees. I may or may not have received a notification/default notice/default letter by mail but since I never changed my address it would have been sent to my old address. I would have obviously paid the outstanding balance if I knew about this. After signing up with experian I started receiving letter from debt collectors asking me to pay the owed amount. I have not replied to any of the letters. Unfortunately I do not have the actual contract or old statement anymore. I have sent Lloyd's a letter asking for further information - see letter below. This letter was sent a month ago. no reply yet. Could anybody please provide further advice on how to go from here? I really want to try and remove the default, if possible. CCA [template removed]

Hi I am looking for some advice in relation to an overdraft on my current account with IF. I lost my job in 2008 and was unable to meet any of my credit repayments and my overdraft was one of these. After about 5 months the account was passed to Blair Oliver and Scott and I have been making reduced payments. Thanks to offers from friends and family I have on numerous occasions offered to settle for around 50% of the balance due which has always been declined. I know that IF have never defaulted this account so I checked my credit file today and notice that the account shows as late payment each month since 2008. My question is are IF allowed to do this and if I was to dispute the account now can they place a default on it? I thought that defaults were to be placed after 6 months but I am not sure how CCA 1974 applies to current accounts and overdrafts. I was hoping all my defaults would be cleared in 2014 but it looks like the late payments being recorded will have a similar negative effect. Any advice given would be greatly appreciated. B:smile:

My apologies if this is covered by another existing thread. I am on ESA and having problems with my BOS current account. Basically, I have been getting into an unauthorised overdraft position as the bank states that retailers have a floor and ceiling of rates they allow before checking if there are sufficient funds available. It is a basic account and I am led to believe that it is not possible for me to get into such a state. Not sure if I am communicating my grievance properly, so forgive me. I am in a bit of a state, as it is causing me real hardship.

Hi, I am looking for some advice on the action Lloyds made against my account. I am student and have had my £500 student overdraft facility removed. Reason being as they said, I have not used my account since late July this year. I am now on a study abroad course which means I am taking one year as part of my degree in the USA and return May 2015. I left UK August so I have not received some of their letters. However my mother now sends letters to my address in the USA and was only notified once that the overdraft was already removed. I also noticed my account was set to a graduate's account but I am still student. I phoned immediately and they said I will have my account set back to student once I send proof of letter. I have done so as well as letter of complaint. I said I have not received letters since August, I have not used my account recently as I had been using another account for travelling etc, I am not permitted to work here so there be no regular funds in the account however will use the account for regularly transactions but they didn't care and kept saying I breached their policies, they will not put me back to student and my account will be closed and have default on my credit report if I do not settle installments with them now. It all seems immediate.. can they be doing this?! Any advise thank you

I wonder if anyone can assist? I was in my overdraft (always near the max) I regularly pushed over my limit and incurred a charge (or 3) as a result of Interest charges levied on my account. I was under the impression that Interest Charges & Late Payment Charges would not then trigger another Late Payment Charge, is this correct or was I misguided. Thanks

Hi All I'm hoping I can get some advice as I am trying to tidy up my credit file. I opened a student account with Lloyds in 2009 with an overdraft limit of £300 I believe it was. According to my Experian credit report my account defaulted on 13/07/2009. Lowell are now chasing me for a debt of £1459 which is all made up of charges as I wasn't able to continue spending on the account. Ideally I would like to see if I can get this cancelled and taken off my credit report or maybe get a refund of the charges? Any advice would be much appreciated!! Thank you

I'm a young person who's quite new to a lot of the world of adults. Long story short, due to some ignorance and bad financial management on my part, i have realised after losing my job, That i am currently -£600 in an arranged overdraft with a further £70ish in unarranged overdraft I have recently checked over my last months statement and i will have a further £150 deducted from my account on the 4th of OCT which seems to be from using my debit card when i didn't have an available balance to use. This would put it at -£220 unarranged overdraft This is my only bank account and remember recently there was a letter about changes to unarranged overdraft fees. I am seriously worried about this debt snowballing out of control and i am unsure of what steps to take from here? In regards to the things i didn't keep track of and the things i was ignorant of, i have now learnt my lesson. Thanks in advance.

Hi, As per the topic.. the story goes: I had an overdraft on my Lloyd's account of £1000, which was used occasionally, but I hadn't really been using this account much as it wasn't my main bank account. Around April, I had very recently changed address, and (as far as I can recall) I hadn't yet notified Lloyd's of my new address. After being a bit short of money that month, I used this Lloyd's overdraft a couple of times, and it was up to around 800 pounds in total. Shortly after moving house, I realised the the overdraft had suddenly disappeared from my account, and as a result, I was now immediately accruing charges for being in an 'unauthorised overdraft', and letters arrived demanding immediate payment. After going in to a Lloyd's branch, and speaking to them on the phone, it looks like the overdraft was removed because hadn't been paying money regularly into the account. Because I had recently moved address, I did not receive their letter, (which they told me they had sent), advising me that the overdraft was going to be cancelled. This meant I had no idea that it was going to happen. I tried to reason with them, that in these circumstances, as I hadn't received any notification, could they be flexible and reinstate the overdraft, while the amount was paid off. Their computers did not allow me to have the overdraft reinstated, so I was told to call their debt management people, which I did. After phoning this debt management team, they agreed that they would give me a 'temporary overdraft facility' of £1000, which would gradually reduce over a period of 6 months, allowing me to pay off the amount outstanding. I was not advised that this would negatively affect my credit file. This amount has now been completely paid off, however.. upon checking my Noddle credit file today, I was see that from April-July, there are four 'AR - Arrangment to Pay' markers. Is there anything that can be done about this? I was not advised that these markers would be placed on my file, and due to moving house around the exact same time the overdraft was cancelled, I didn't receive any warning letter about the overdraft being due to be cancelled. If I had received this letter, I would of course have not used the overdraft this month. Any help would be appreciated. My credit file is in good condition apart from these markers. It just seems to unfortunate that an overdraft being cancelled without my knowledge can end up causing these four 'AR' markers on my otherwise good credit file. Thanks

Hello, would like some advice if possible... I had a current account with Halifax, which had a direct debit going out each month. I opened a savings account and transferred most of the money into that. I moved to a different address and forgot to change my address with them as I was really busy studying. I later found that my direct debit wasn't being payed, and that the current account had gone into overdraft which I was getting charged for. I found out that they had taken the money from my savings account to pay off the charges they had given me and then closed the account. The person I talked to at the bank told me this and didn't say anything else about any more money owed to them. It was really annoying as I had over £1000 in there which had just been eaten up by extreme overdraft charges. But I left it and just thought it was a harsh lesson for me to check my account. But then I started getting phone calls from Cabot finance. After a while of not even answering them I was curious what they actually wanted so I answered. He asked for my address which I didn't give. Then started talking about a debt I had no idea what could be. I found out he had my old address on file and they had sent a letter there. So I went to my old address to get the letter and it said they had bought the account from Halifax. It was bad enough Halifax had taking all the money from my account, but now Cabot wants £166.89 from me as well. God knows how much more they will try and charge for interest as well. Needless to say I am not keen on handing my money over to these blood suckers, and I don't even have the money to at the moment. I am living in overdraft and it's hard enough to make sure I have money to pay the rent. I'm not sure what the best thing to do is.. .do I try and reclaim the Halifax bank charges? and just not answer to Cabot? I haven't given them my new address..

Hi everyone I need help with completing my defence against a claim from a well known DCA that needs to go in 5 days from now. The particulars of claim are .... The Claimant claims the sum of xxxxxxx being monies due from the Defendant(s) to xxxxxx bank Plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 8/12/2011. The Defendant(s)'s account number was xxxxxxx. It was a term of the bank account that any debt balance would be payable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by xxxx bank. The Claimant claims the sum of xxxx and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction. Thanks to the fantastic help offered to people on this forum I think I have the main elements of my defence sorted out but ..... I believe the particulars of claim (above) are faulty as they refer to a default notice and If I understand correctly, default notices do not apply to bank account debts? Unfortunately I have only just discovered this. I have spent months chasing the Claimant for this default notice with a CPR 31.14 request for that document. The Claimant never responds to any CPR requests so I have applied for and obtained a court order for them to produce. This order has not been complied with. Not knowing what to do and not knowing there was in fact no such thing as a default notice I kept applying to the court for more orders to produce in the hope that they would take some action to force the claimant to produce or issue some sanction against the claimant. Long story short .... My last application to the court was again for the document with an unless order that the case be stayed until the Claimant complies and produces the document. This order wasn't granted. Instead the case was transferred to my local court for a 'strike-out' hearing??? The Judge didn't treat it as a 'strike out' hearing but rather what I think was an allocation hearing. Dates were set for my defence to be submitted, a date for the Claimant to reply to the defence and a date for the hearing. I think I'm being stitched up by the court as it attempts to avoid it's responsibility to enforce it's own orders?? The bank seems to be playing with delaying tactics responding to my SAR application so I won't have the information from them before the deadline for my defence I feel I am being forced into submitting a partial defence and that the courts are heavily biased towards the DCA in these cases. Any help or advice would really be appreciated.:!: I want to fight the "£$% DCA parasites but I'm not sure what to do next???? Do I submit a partial defence? Make another application to extend the time to submit my defence? Make a complaint to the court(s)? All of the above??? Many thanks digiguide

Really enjoying managing my debt, now I feel ready to tackle an old one... I have an old £600 outstanding overdraft balance with Lloyds from about 3 years ago. I've been paying it off in a DMP for that time at something like £7 / month. I want to get rid of it entirely now. The debt is still with Lloyds. Was thinking of offering a F&F ... But do you all think there is a better way to go about this?

Hi I have had some great advice from viewing previous threads with regard to getting debts I had written off from HFC and Barclaycard/Lowell by going down the SAR route, but I have a different issue which I havent been able to find anything about........ I had a flexaccount with Nationwide which I last used approx 5 years ago at least, it had an overdraft which spiralled to £902 mainly I believe made up of unauthorised overdraft charges. This debt has been sold to Aktiv Kapital who have recently started sending me letters and phoning (though at present it is only once a day - I know AK often phone upto 10 times a day - I have experience of this!) What I was wondering was is there anything I can do to get these off my back? I believe overdrafts are not classed as credit agreements so Aktiv Kapital may be more difficult to chase away. (I also have another debt, Egg credit card with AK which I am paying at £1 per week). I do not have any paperwork from Nationwide (old statements etc) as I moved house back to my parents due to extreme financial hardship, and basically got rid of everything apart from my bed and some crockery.... I also do not want to give these people any personal information, I am working but am currently on a Zero Hrs Contract so my wages are variable. I hope someone maybe able to help or should I just ignore them...... which I have no issue with doing!

im new to this site so apologise if this has been asked and answered already..........can i still re claim my overdrawn bank charges from barclays even if i did it once before 8/9 years ago...and how. thanks in advance

Hi guys, I know this is silly and my fault but essentially what's happened to me is that I didn't notice that one of my accounts since xmas went over my overdraft (£100) and has since become over £500. I may have gotten a letter from the bank but honestly I am unsure, I didn't see it. I agree this is some debt and it's my fault but I don't think I can get the amount lowered via my bank Natwest anymore as it has been sold onto Moorcroft Debt Recovery, I asked if I could speak to them about it and they said no, there's no point speaking to Natwest now, it's been sold to them. I get around £55 a week and on the phione they wanted £22.50, I could maybe do it but that's pretty much it with my bills and it's a lot for something I feel is unjust but also my fault it got to this point. The lady didn't seem to like the idea of £10, just to show I am making a payment until I start making some cash and get back into work. I am guessing I'll have to pay this. I was wondering if anyone had any ideas on how I could maybe minimise the cost? Can I contact Natwest about it? Just looking for advice, thoughts... thanks. I am also interested in any ideas you might have to postpone my responsibility a bit until I am working. They don't want to put a hold on it. edit: Also been doing some research... my first point of order should be to ring them and say I want written communication in future?

I don't actually have any overdraft with the Halifax but on my current account I went £13 overdrawn on the Thursday and I didn't know until today which is the Friday and I have just put money into the account so this is no longer overdrawn. Does anybody know if I will get charges and if not charges will I get a letter sent to my address Thanks

Hi all, Sorry to bother you but I'm after a bit of advice regarding an old Barclays account. Heres the story... My partner and I had a joint account with Barclays many years ago (2004) of which we ended up having an overdraft of £2170. Due to various reasons we ended up pushing it to its limit every month and eventually came into a bit of financial hardship but we struggled on as you do. Then in 2008 I was sadly made redundant. This is where things went terribly wrong. We struggled on for another year incurring fees left, right and center but we just got by until it all got too much and we went to the CAB for help. They kindly went through a financial statement with us and contacted all our creditors with repayment offers of which some have been paid off and some are still running. We also put in a claim for bank charges on our Barclays account, asked them to freeze the account as we were in financial hardship, destroyed out bank cards and sent them back with our cheque books as advised by the nice lass at the CAB and opened a new basic account with another bank. Barclays sent us a letter shortly after (28th August 2009) saying that they were sorry to hear of our financial hardship but they considered their charges to be "lawful, fair and transparent" so were throwing out our complaint on that front. They also refused our offer of £10 a month repayment towards our outstanding debt. Then a month later we received another letter RE: our financial difficulty claim stating that they have accepted our claim and will be paying us £585 as a "goodwill gesture" and closing our claim. This is where things get really messy. At that time my wife was sadly diagnosed with Multiple Sclerosis. I have an anxiety disorder which is getting better now but back then meant my wife dealt with all the paperwork, bills etc. To cut a long story short (too late, I know lol) this account has ended up being forgotten about until now. I decided to get a copy of my credit report and was stunned to see that Barclays had been putting an entry on there every month for years. I'm guessing they have done the same with my wifes credit score too. Is there anything I can do about this? Also, what was originally a debt of £2170 because of the interest and PPI they have been adding every single month has now reached a total of £5162 and is still going up by over £50 a month (£17.36 a month PPI + interest) despite us requesting them to freeze everything and not using the account for years. I am still out of work due to my anxiety but also because my wife is needing more and more help around the house as her MS progresses so I've pretty much become a house husband/father. She has always worked part time in Tesco but I'm unsure as to how long she can continue working. As of right now she has been off work for the last 2 weeks with a relapse that has left her numb down one side of her body and very wobbly on her feet. Any help on which direction I should go would be great. My anxiety is getting better now and I desperately want to step up and start providing for my family again, being a decent father/husband and taking everything off my wifes weary shoulders but first I need to get our current situation under control and hopefully repair some of the damage this has done to our credit reports. Many thanks.

Hi One of my debts is an overdraft with Barclays from nearly 10 years ago. I have received letters recently saying that they will pass my dent on to a DCA as I have not made any recent payments etc. I am going to SAR them to see what charges may have been applied, is this the correct process? I have asked questions on here before about DCA's that handle Loans and Credit cards and have successfully CCA'd them all and they have failed to produce. As an overdraft does not have a Credit Agreement in the same way as a loan or card, what steps do i go through with this debt, as I certainly do not have the means to pay it off. Many thanks for your help.

Hi - New member, so I hope I'm doing this right. I had a letter from Barclays this morning outlining the new overdraft charges they are about to introduce. I understand the basics, but I wonder if there's anyone out there who can help me with some confusion I'm having about my account setup? Basically, this is my problem - I have an Overdraft Limit of -£800, and an Emergency Borrowing limit of -£500. The confusion is, I would have assumed that Emergency Borrowing would be set at a limit higher than the overdraft limit. At the moment I'm £720 overdrawn, and have been for some time. I have two accounts at Barclays, and the one with the overdraft is topped up from time to time to keep it under at least some control. With my Emergency Borrowing set at -£500, would this mean I'm already into my Emergency Borrowing phase? If so, what about my Overdraft Limit of -£800 ? How does that fit into the situation? Or, does it mean that I can go temporarily -£500 overdrawn on top of my -£800 overdraft limit? As they will be charging By The Day instead of the usual interest on an overdraft, this could get expensive very rapidly. To confuse the issue further, I also pay a monthly PPI Overdraft Protection. Does anyone know how this will affect the above situation. I've tried contacting Barclays before with questions like this, but to be honest, I'm always put through to another country that never seems to fully understand any issues that need sorting out, so I'm hoping someone in the know has some simple answers. Any help on clarifying this situation would be very much appreciated.

Hi - I've been trying to straighten out and alleged debt, run up with the Halifax, which I could do with some advice on please. The Debt shows up on my credit record as registered by Capquest - I sent a CCA letter on 14/3/14 also requesting that they clarify who owns the debt - which thy have tacitly done by putting on a letter title of "account purchased from: Lloyds Bank". 1/4/14 - They replied to the CCA; they had been informed by Lloyds that and overdraft doesn't fall within section 74 and they would not be providing a copy agreement and returning the cheque; went on to say they would be back in touch as son as they had heard back from Lloyds. 28/4/14 - They wrote to apologise for the delay as they were waiting to hear from Lloyds. 29/4/14 - They wrote to say that Debt Managers hadn't been able to agree a suitable payment option with me and to get in touch. 20/5/14 - I wrote to them informing I had never had an account at LLoyds and requesting clarification on their previous letter and repeating the CCA request (I didn't know for sure it was an overdraft they were chasing). 29/5/14 - They wrote with a set of statements from the Halifax (it looks like an overdraft to me) - again under the heading of Lloyds. 31/5/14 - They wrote to say that the matter relates to a Halifax overdraft and according to Lloyds; section 74 doesn't apply and here's your cheque back; get in touch to discuss payment. Again the letter was headed "account purchased from Lloyds". My initial reaction was to write to the CEO about their new processes but then I thought I should get in touch with you guys and gals first for some advice. I suppose my main observations are - over the length of time it took to come back with the statements from the Halifax; Continued reference to Lloyds banking group; absolute confirmation that they own the debt; the letter of 29/4 is a complete red herring ... What would you do next? Thanks in anticipation - Andy - any advice much appreciated....

I have always kept my overdraft in order but lloyds have always bullied us regarding renewing OD but now they have gone one step further, As long as we keep overdraft in order can they make us pay it back now asap ? We have now been told to give them details of our earnings outgoings etc to say if they will allow us to keep the overdraft this has never been required before in over 5 yrs feel like we are being bullied Please help

Hi everyone, , I have been paying their "overdraft useage fee" of £6 every month for a very long time now, after agreeing an overdraft of £300 right at the beginning. Apart from maybe twice, I've never gone over the £300 agreed overdraft and have a very healthy credit rating etc, but I discovered that I am paying this £6 every time I got over £100 overdrawn. my gripe is the fact that I was under the impression that, by agreeing an overdraft, I was doing the right thing and I wouldn't be charged for it. Does anyone else know about, or have specific experience with this issue that can offer me some advice? I would like to be able to claim this back ideally. Thanks all, looking forward to hearing from you.