CCJ on Bank Account, URGENT HELP!

[cbatten565]

Hi all,

I have a CCJ against me for an old Yorkshire Bank account that is now owned by Cabot Financial (uk) Ltd with Restons acting for them as solicitors.

I am intending on making an application ASAP to court to have this set aside on the grounds that they served the claim form and I didnt have the opportunity to defend the claim and in addition to that I DID NOT have an overdraft with them so have no idea about what the amount they say I owe relates to.

Any ideas on what arguements I can put forward in my draft defence??

Help would be appreciated!

Thanks

[cbatten565]

Re: CCJ on Bank Account, URGENT HELP!

Is anyone able to help at all?

Thank you!

[Amethyst]

Re: CCJ on Bank Account, URGENT HELP!

Did they serve the claim form to a wrong address? ie. what are your grounds for the set aside?

Have you asked Yorkshire Bank for statements/transaction lists from the time after you closed the account ? A Subject Access Request might be an idea to find out where this amount has come from, but in the meantim you can plead that you did not have an overdraft, and therefore are unaware of any debt owed to YB, and if the amount has arisen from charges detail about how you closed the account, the balance at the time and any other supporting information you have. You will be needing to put Cabot/Restons to strict proof of the amount they have claimed and evidence how it has been made up, and to evidence any terms which allowed for those charges etc to be applied.

Really we need to know more to have any idea where your defence can come from.

[cbatten565]

Re: CCJ on Bank Account, URGENT HELP!

Did they serve the claim form to a wrong address? ie. what are your grounds for the set aside?

Have you asked Yorkshire Bank for statements/transaction lists from the time after you closed the account ? A Subject Access Request might be an idea to find out where this amount has come from, but in the meantim you can plead that you did not have an overdraft, and therefore are unaware of any debt owed to YB, and if the amount has arisen from charges detail about how you closed the account, the balance at the time and any other supporting information you have. You will be needing to put Cabot/Restons to strict proof of the amount they have claimed and evidence how it has been made up, and to evidence any terms which allowed for those charges etc to be applied.

Really we need to know more to have any idea where your defence can come from.

Thanks for your quick response, I have an active CCJ and I have done my application to the court today to set this aside and pleaded I did not have an overdraft so I dont think I am entitled to put Restons/Cabot to proof am I??