• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Cabot v prdesign

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Cabot v prdesign

    Good evening / morning!

    Re a Claim form I received, please see the information I believe to start below - if you need more, please let me know. I do hope you can help.

    Issue date - 14/11/16
    Amount - 2760.10 plus 105 fee and 80 costs (2945.10)
    Claimant - Cabot
    Solicitor - Mortimer Clarke Solicitors Ltd
    Original Creditor - Halifax Bank
    Particulars - Monies due under current account overdraft. The claimants claim is for the balance outstanding under a Bank account facility Halifax agreed to maintain for the defendant. It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand. The defendant has failed to repay the amount due. The debt was assigned to the claimant. The claimant therefore claims 2760.10.
    Statute Bared - The debt would be no more than 4 years old I believe.
    I've sent no letters or anything. (Part of the problem I believe)

    Background - I think I might of had an overdraft sometime after Mid 2012, but I can't remember. Due to personal reasons, I have been unwell, and moved house (still renting) numerous times over the past few years and sofa surfed a few times as well as being homeless once, which affected my mental health and other things too numerous to mention (but happy to if any of it helps!)

    I have finally gotten back some control of my life, and believe that a past debt has caught up with me. Due to moving so many times, a lot of old paperwork and stuff got lost, so it will be impossible for me to prove or disprove the claim from what I have managed to keep.

    I only have online print of a bank statement from 8th June 2012 but shows a balance of aprox -40.00.

    I started to look at MCOL, but I don't understand the implications of disputing the claim (full or part) and what might happen if I went for full dispute, and it was then found that I was wrong.

    Basically I can't remember what happened, so I don't want to prejudice anything by getting the first part of acknowledging my claim wrong.

    I think I understand the next steps for asking for the CCA S77 (which goes to Cabot) and also the CPR which would go to Mortimer (Please shout if that's wrong)

    Would there be any use in writing to Halifax, (at my Bank Address?) and if so would that be the SAR I saw mentioned in another post - Or am I past this step, and it is too late?

    Sorry if I'm jumping ahead of how things work here, please tell me to slow down if that's the case

    Thanks very much in advance

    PR
    Tags: None

  • #2
    Re: Cabot v prdesign

    Acknowledge service, tick box intend to defend in full. Don't dispute jurisdiction unless you are in . Scotland and they in England.
    Send s77 notice to the original creditor with a postal order for £1 mark both sides for statutory fee only. Send signed for. There is a template letter on the site.
    They have 12+2 days to respond.
    The CPR letter goes to the solicitors and you can only ask for documents mentioned in their case. Send signed for again. A template is on the site. Don't miss court deadlines . If you have any questions come back and ask.

    Comment


    • #3
      Re: Cabot v prdesign

      Hi Seduraed

      Thanks for the reply - having gone to the templates, I notice that the CCA templates don't apply for Bank overdrafts, which is what I had. Is this still the case, or does it change as the claimant is not the organisation that originally provided the OD

      Ie Has this debt likely been sold to the new claimant

      Sorry if I didn't make that clearer above, but I'm slightly confused.

      PR

      Comment


      • #4
        Re: Cabot v prdesign

        A CCA request is not relevant to the OD.

        It would be well worth contacting Halifax to get some details and or check your credit files ( Noddle is free online) I wonder how much of the debt is charges/fees?

        nem

        Have you acknowledged service of the claim yet? If not do so at MCOL don't enter any defence at this stage just state intent to defend in full.

        Comment


        • #5
          Re: Cabot v prdesign

          Hi Nem

          Thanks for the reply, and yes I acknowledged the claim yesterday.
          Is the CPR letter still required, as I can't see anything in my particulars to actually ask for, which I assume is the reason for their wording?
          Finally, is there a recommended template letter to send to my bank, and without sounding stupid, would the address be my branch or the "head office" I am also assuming that I will get nothing back before the defence submission deadline.
          Sorry if this is covered somewhere else on this site, but there is a ton of material here
          As you can guess, I'm enthusiastic, but confused!!
          I will look at Noodle now.

          Thanks again
          PR

          Comment


          • #6
            Re: Cabot v prdesign

            Originally posted by prdesign View Post
            Hi Nem

            Thanks for the reply, and yes I acknowledged the claim yesterday.
            Is the CPR letter still required, as I can't see anything in my particulars to actually ask for, which I assume is the reason for their wording?
            Finally, is there a recommended template letter to send to my bank, and without sounding stupid, would the address be my branch or the "head office" I am also assuming that I will get nothing back before the defence submission deadline.
            Sorry if this is covered somewhere else on this site, but there is a ton of material here
            As you can guess, I'm enthusiastic, but confused!!
            I will look at Noodle now.

            Thanks again
            PR
            The Notice of assignment is all I think.

            The POC couldn't be more vague.

            nem

            Comment


            • #7
              Re: Cabot v prdesign

              Thanks, I will ask for that information
              And yes, I would expect that a large amount of the total is fees and charges
              I guess that's one of the downsides of having had a bank account and a somewhat chaotic history!
              PR

              Comment


              • #8
                Re: Cabot v prdesign

                Halifax should still have all your data.
                It is probably best to SAR them.
                http://www.legalbeagles.info/forums/...ur-information
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Cabot v prdesign

                  Thanks Charity - will do that and send out with CPR in post tomorrow
                  PR

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                  Announcement

                  Collapse

                  Support LegalBeagles


                  Donate with PayPal button

                  LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                  See more
                  See less

                  Court Claim ?

                  Guides and Letters
                  Loading...



                  Search and Compare fixed fee legal services and find a solicitor near you.

                  Find a Law Firm


                  Working...
                  X