Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

[Mukha]

Hi, I am hoping someone can advise me if I can defend or challenge County Court Claim N1CPC issued by Restons Solicitors on behalf of Cabot Finance on 10^th November 2014. The claim is for £10000 overdraft on a gold current account that was originally held with Lloyds TSB. I am in this mess because I was made redundant from my Job, diagnosed with depression and unable to work for two years.
At the time I opened my account in 1995 I had an overdraft facility of a few hundred pounds (£200). The facility was supposed to be reviewed every two/three months but never was. I was also obliged to take out CPP card protection.
The Particulars of the claim are as follows:
The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds Bank – Current Account dated on or about Oct 12 1995 and assigned to the claimant on Jun 17 2014 in the sum of ~#9918.09
Also what are my other options? Do I offer a payment plan and how can I do this without having a CCJ entered against me?
Please help.

[Amethyst]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Hi and welcome to the forum

First question - have you acknowledged the claim ? If not , so that now, on moneyclaimonline if you can, just tick intend to defend in full ( it isn't binding ).

Second question - could you give a bit more background how the debt has risen to £10k from an overdraft of £200 in 1995 please.

Sharon
xx

[Mukha]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

I have not acknowledged the claim. I believe I have 14days plus 5days from the date of issue to reply.

I cant remember how it got £10k I think about £1.5k are likely to be penalty and intrest. I used to work away and I did ask for the Overdraft limit to be increased to cover costs travel and hotels and would claim the costs back from my employer. I remember a converstion when I asked it to be increased to £4k and the bank manager asking if it was enough I would i want more to make sure. This is going back a few years when I suppose the banks were throwing the money at you.

[Amethyst]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Okay.

Yes you have the right timescales, it's okay to do it early though.

Acknowledging will extend the time you have to sort things out to 28+5 days. Give us chance to have a look at the issues with the debt.

CPP Protection - have you had that back ?

The Gold Account is a fee charging account with ''benefits'' isn't it - I don't know what the position with it was in 1995 but have you used these ''benefits'' at all ?

Latest Gold Account features

AXA Worldwide and UK travel insurance – up to 80 years of age. Cover for you and your partner for up to 45 days per trip*. ----------------- did you use this?
AA Breakdown Cover – UK roadside assistance whether you’re in your own car or someone else’s. ----------------------------------------------- did you use or have other breakdown cover etc?
Mobile phone insurance from LSG – worldwide cover for loss, theft, accidental damage, breakdown and unauthorised calls. ------------------- ever use this or had it on your household or seperate phone insurance ?
£150 interest and fee free overdraft subject to application and approval. ------------------- ok had this
Sentinel® card protection – convenient cover for your credit, debit and store cards. One policy covers everyone in your household. ---------------- should have had that back already


We do need to send a couple letters to check assignment/documents etc are all in order, and get copies of the agreement and transaction lists etc.

[Amethyst]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Also do you know how much you paid for the gold account ? Last monthly fee was £12.95, presumably it was less in 1995.

[Mukha]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Hi Amethyst,

I haven't claimed anything back on CPP Protection. I did use the breakdown cover twice. At the time I think I was paying £ 10 a month for the gold service.

Can you tell me which letters I need to send to check assignment/documents. Also what I need to do get copies of agreement, and transaction lists .

Thanks

[Mukha]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Hi Amethyst,

I appreciate your advice and know you must be very busy with other posts. My deadline for acknowledging the claim is approaching and would value your input.

I have looked at other forums and sent a cpr34.14. Not sure and forgot to check if I had to enclose any money with the letter.

Are there any other documents I need to request or other letters I need to send?

Also I have been online at moneyclaim. Do I complete AOS or defence section.

Thanks for your help.

[Amethyst]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Answered in PM I believe ? Could you just update where we're at on here save duplication xx Thank you xxx

[Mukha]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Thanks for your help Amethyst.

Currently I have sent the CPR recorded delivery to Restons and posted my AOS online at MCOL.

[Mukha]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

I have received a reply from Restons regarding my CPR request. Their letter is asking me to provide a signature to my request so they know they are dealing with the correct person. They say failing to do so they will not provide a response or acknowledge receipt.


Do I have to provide my signature?

[FlamingParrot]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

I have received a reply from Restons regarding my CPR request. Their letter is asking me to provide a signature to my request so they know they are dealing with the correct person. They say failing to do so they will not provide a response or acknowledge receipt.


Do I have to provide my signature?

They are just being obstructive. :mad2:

As time is of the essence, rather than arguing over it, you may wish to sign the letter. If you are concerned, you could sign on an anti-tamper strip. :thumb"

[Mukha]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Hi all, in a panic. The issued date on the claim is actually 11th November 2014. Do I have 28 days plus 5days to enter defence or is 28 days?? Is that working days ?? Is tomorrow the 9th the last day to enter my defence? Also can you help me with my defence as Restons are stalling with my cpr request which I signed and resent.

[Amethyst]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Sunday, December 14, 2014 is your defence date - so in by 4pm Friday 12th would be best if you are defending. ( issue date plus 5 days plus 28 days - calendar not working )

If you have had nothing from your CPR requests then you should ask the claimants solicitors to agree an extension under CPR 15.5 - http://www.legalbeagles.info/forums/...filing-defence for a bit more info. This, if agreed, would extend your defence date by a further 28 days.

If not agreed then you need to look at entering a defence - there's some guidance http://www.legalbeagles.info/forums/...t-Court-Claims - although will need amending as yours is an overdraft not a CCA claim. You should also look up Foster-Burnell v Lloyds - and write a list of all disputes you have on the debt.

[FlamingParrot]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Hi all, in a panic. The issued date on the claim is actually 11th November 2014. Do I have 28 days plus 5days to enter defence or is 28 days?? Is that working days ?? Is tomorrow the 9th the last day to enter my defence? Also can you help me with my defence as Restons are stalling with my cpr request which I signed and resent.

There's a useful online calculator here: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

It's 28 days plus 5 allowed for service, a total of 33 days. The calculator above makes it Dec 14th. :thumb:

You should try to get them to agree to a 28 day extension as allowed under CPR 15.5 while you sort out the signatures, etc. You can do this over the phone and get them to send you an email you can forward to the court. :typing:

[Mukha]

Re: Restons Cabot Current Account Lloyds TSB overdraft CCJ Claimform

Hi All received a letter from Restons today. See Attached. I have emailed my defence but not sure what to do with this letter. Please help.