Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

[smiffy1969]

Received a claim? Yes
Issue Date: 11-11-2014
Amount approx: 3651.51
Claimant: CABOT FINANCIAL UK LTD
Solicitor: RESTONS
Original Credit: TSB / LLOYDSTSB

Particulars of Claim:
The claimant claims payment of overdue balance due from the defendant under a contract between the defendant and Lloyds Bank - current account dated on or about sep 12 1986 and assigned to the claimant on jul 1 2014 in the sum of #3615.51

13/10/2014 - default balance 3615.51
post refrl NIL
tota; 3615.51

Stat Barred? No

Have sent:

Other Info:
the account was taken out with TSB originally and transferred to Lloyds TSB when they merged. I have not received any notification from TSB Lloyds or Cabot to say the debt was transferred to them. As far as I am aware I have not received any prior notification warning of court action.
I recognise the debt but do not recall signing any contract as such, I believe the balance to contain bank charges - can I claim any of these back ?
Have cabot acted illegally by not giving me any advance warning of their intentions?
The account almost certainly defaulted before October 2014
I have not acknowledged yet but still have a few days to do this, please advise what action I can take, can I avoid this going to CCJ ? thanks

[Amethyst]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

Morning Smiffy

'' The account almost certainly defaulted before October 2014'' - have you typo'd the wrong date here, or has the account only JUST defaulted ?
assigned to the claimant on jul 1 2014 so will have defaulted before then.

So this was a current account with TSB in 1986, swallowed up by Lloyds, then defaulted and sold to Cabot.

You should have received a letter before action to meet obligations of pre-action protocols - however that you didn't doesn't make it 'illegal', or necessarily have any effect, but you can use it later to show how poorly Cabot behave, so it's in your favour.

How much info do you have on this account, do you have copies of statements etc ?

Can you check default date on your credit file ? Overdrafts can take a long while to default as the bank has complete control, and continues adding charges after you try and stop using the account.

Can you give a bit more detail about how much in the way of bank charges there were, what the balance was approx when you left the account, why you left it etc.

You can't 'reclaim bank charges' but there are arguments starting to be used against the unfair way the agreements worked and how they trapped you into the cycle of charging and debt.

You do need to go and acknowledge the claim first though - just go on moneyclaimonline and tick the intend to defend in full box - just extends your timescales to 28+5 days rather than 14, so we can get a couple letters sent off to Cabot and maybe a SAR off to Lloyds.

Sharon
xxx

[nemesis45]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

Received a claim? Yes
Issue Date: 11-11-2014
Amount approx: 3651.51
Claimant: CABOT FINANCIAL UK LTD
Solicitor: RESTONS
Original Credit: TSB / LLOYDSTSB

Particulars of Claim:
The claimant claims payment of overdue balance due from the defendant under a contract between the defendant and Lloyds Bank - current account dated on or about sep 12 1986 and assigned to the claimant on jul 1 2014 in the sum of #3615.51

13/10/2014 - default balance 3615.51
post refrl NIL
tota; 3615.51

Stat Barred? No

Have sent:

Other Info:
the account was taken out with TSB originally and transferred to Lloyds TSB when they merged. I have not received any notification from TSB Lloyds or Cabot to say the debt was transferred to them. As far as I am aware I have not received any prior notification warning of court action.
I recognise the debt but do not recall signing any contract as such, I believe the balance to contain bank charges - can I claim any of these back ?
Have cabot acted illegally by not giving me any advance warning of their intentions?
The account almost certainly defaulted before October 2014
I have not acknowledged yet but still have a few days to do this, please advise what action I can take, can I avoid this going to CCJ ? thanks

Hi,

Is this a credit card or loan account?
When was the account opened, last serviced or acknowledged?

Is this showing on credit reference files?
If you haven't checked it would be a good idea to do so.
Check the default date on the files this is most important as the account is has very old start date.
As this is CURRENT ACCOUNT you would have signed a document such as an acceptance of the account facility or similar.

The dates you have I think refer only to the dates of sale and acquisition of the debt.



Have you acknowledged service of the claim?
Nothing illegal or unlawful at the moment.

[smiffy1969]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

Hi
Thanks for replying, I have completed AOS online and stated to defend the claim. I do not have any details on the account, It was a current bank account and I had overdraught which I think was no more than 2K and ran into difficulty about 5 years ago when circumstances changed (2009)so I switched bank accounts so I could live. I did try and keep a payment plan going with them for some time but this failed, partly down to me getting depression and burying head in the sand and partly out of financial reasons about 2 years ago.
I will check my credit file an let you know what I find there. I took that date 13/10/14 from the particulars of claim issued on the claim form - it seemed cabot/restons are saying that it defaulted then.

I have not got any statements etc due to moving house about 3-4 years ago and not keeping stuff (as you do) is it possible to request these.

Sorry about the limited info, and thanks for helping, as I am worried sick about this

Smiffy1969
x

[nemesis45]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

Hi
Thanks for replying, I have completed AOS online and stated to defend the claim. I do not have any details on the account, It was a current bank account and I had overdraught which I think was no more than 2K and ran into difficulty about 5 years ago when circumstances changed (2009)so I switched bank accounts so I could live. I did try and keep a payment plan going with them for some time but this failed, partly down to me getting depression and burying head in the sand and partly out of financial reasons about 2 years ago.
I will check my credit file an let you know what I find there. I took that date 13/10/14 from the particulars of claim issued on the claim form - it seemed cabot/restons are saying that it defaulted then.

I have not got any statements etc due to moving house about 3-4 years ago and not keeping stuff (as you do) is it possible to request these.

Sorry about the limited info, and thanks for helping, as I am worried sick about this

Smiffy1969
x

Hi Smiffy,

I you need to check your credit files particularly for the default date as it is not unknown foe a debt purchaser to " accidently " record a default date as the date it acquired a debt.

[Amethyst]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

Letters wise then. CPR 31.14 to CABOT http://www.legalbeagles.info/forums/...sclosed-in-SOC asking for ' the contract' and the 'notice of assignment' also details of how the 'default balance' is made up.

Full SAR to Lloyds http://www.legalbeagles.info/forums/...otection-Act-) - to include, terms and conditions throughout the history of the account, price lists/charging terms changes through the history of the account, the agreement from inception, full transaction lists since inception, screen notes, any communications between yourself and Lloyds, and communication between Lloyds and any third party regarding your account. You'll need to give Lloyds your old address and current address and say they can call you if they need to ID you for Data Protection purposes.

[smiffy1969]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

HI Amethyst

thanks so much for advice and links to letters, I am on this, one thing I am not sure of though is what date do I put in that I am filing my defence on please?

Smiffy 1969 x

[Amethyst]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014



so 33 days from 11/11/2014

[KebabLover]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

Any update Smiffy?

In the same boat

[smiffy1969]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

not much to update, had response to sar sent £10 for the info direct from Lloyds, waiting on this now. No response whatsoever from cabot so have written again to them
smiffy

[Amethyst]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

Good bump kebablover, Smiffy are you keeping an eye on dates, you might be needing to ask claimants to agree to a 28 days extension.... see http://www.legalbeagles.info/forums/...filing-defence

or getting your defence together.

I make your defence due tmw if it was issued 11th November - December 14, 2014

[smiffy1969]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

hi amethyst

I have issued defence online stating Cabot have failed to provide information they put in statement of claim and that I require this info etc - is this enough ? so far I have not had any response from cabot or their solicitors

thanks

smiffy

[Amethyst]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

Should be fine as that's the truth Let us know soon as you hear anything back from them or the court.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL UK LTD / TSB / LLOYDSTSB - 11-11-2014

Cabot like to leave everything to the last minute, very slow to reply.