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Court Claim - Cabot / Halifax - 9-4-2015

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  • Court Claim - Cabot / Halifax - 9-4-2015

    Received a claim? Yes
    Issue Date: 9-4-2015
    Amount approx: 5000
    Claimant: Cabot
    Solicitor: Restons
    Original Credit: Halifax

    Particulars of Claim:
    The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about Aug 14 2000 and assigned to the Claimant on May 21 2013

    Particulars a/c no xxxxx

    Date ITEM VALUE
    09/02/2015 Default Balance 5000
    Post Refrl Cr NIL

    Total 5000


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    I believe this is from an overdraft from 4 years ago when I lost my job and had medical issues. It became a joint account a few years before that and was originally a student account so I'm doubting any signatures anywhere. i definitely don't want it to impact my spouse who has fine credit otherwise, but she has been named co-defendant.

    I am back on my feet now and paying off c £20,000 of overdue HMRC taxes first and have unreliable (but occasionally) chunky income.

    I anticipate paying off HMRC by next year (they've been very good with leeway, perhaps as it was originally £50k and I have a disabled child). and have a further £70,000 of debt to pay off after that, £15,000 of which is currently with a CCJ on an MBNA that I have just found out was served to my old address despite informing them that I moved (and have acknowledgement from them of the address update).

    I will be getting a lump sum of around £2-3k from family to help with debts next month but was going to spend it on the tax bill.

    I have filed acknowledgement, do I now ask them for all forms showing the amount owed and how it was calculated? Is this a CPR 31.14 form?

    If all is in order do I offer them a full and final settlement explaining my situation at that point?

    I am in the last stages of interview for a regular job back in financial services and doubt I'll be able to pass the FSA approved person test with a CCJ (trying to get the other one overturned).

    Thank you
    Tags: None

  • #2
    Re: Court Claim - Cabot / Halifax - 9-4-2015

    Well they haven't actually stated what the debt is so I would also send a CCA request for the original agreement as well as a CPR 31.14 request for the contract, notice of assignment, and default notice. See if they know whether it is a loan or overdraft themselves first before telling them anything. Make sure you acknowledge the claim firstly so you have the full 33 days from the issue date to enter a defence.

    http://www.legalbeagles.info/forums/...it-Court-Claim

    On the other side of things, naming your wife as co-defendant did you change the account into a joint account at any point or did it stay in your sole name?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Court Claim - Cabot / Halifax - 9-4-2015

      Thank you, I will send off a CCA and CPR 31.14, have acknowledged the claim online and let you know how it goes. I did add my wife as a joint account holder c 9 years ago (account has been open for 15)

      Comment


      • #4
        Re: Court Claim - Cabot / Halifax - 9-4-2015

        Metro,
        CPR31.14 request is specific for only for documents mentioned in the particulars of claim only an agreement and an assignment is mentioned here.

        nem

        Comment


        • #5
          Re: Court Claim - Cabot / Halifax - 9-4-2015

          Ah wee issue, I became quite unwell and dropped the ball on this, I believe date + 33 is 12th May, can I still send the CCA/CPR request as it's likely to arrive on Monday 11th? What date do I put for defence?

          Comment


          • #6
            Re: Court Claim - Cabot / Halifax - 9-4-2015

            Reply received to CPR request attached. I asked for Contract & Assignment
            Attached Files

            Comment


            • #7
              Re: Court Claim - Cabot / Halifax - 9-4-2015

              Standard Cabot response.

              The CCA request is more important did you send it? If not get it off to Cabot tomorrow if possible, £1 statutory fee ( use a cheque or postal order endorsed "for statutory fee only".
              nem

              nem

              Comment


              • #8
                Re: Court Claim - Cabot / Halifax - 9-4-2015

                Originally posted by nemesis45 View Post
                Standard Cabot response.

                The CCA request is more important did you send it? If not get it off to Cabot tomorrow if possible, £1 statutory fee ( use a cheque or postal order endorsed "for statutory fee only".
                nem

                nem
                didnt send cca as i think its an overdraft?

                any reply to restons on cpr?

                Comment


                • #9
                  Re: Court Claim - Cabot / Halifax - 9-4-2015

                  Are you not sure what type of account this is?

                  nem

                  Comment


                  • #10
                    Re: Court Claim - Cabot / Halifax - 9-4-2015

                    Originally posted by nemesis45 View Post
                    Are you not sure what type of account this is?

                    nem
                    99% sure its an overdraft

                    Comment

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                    SHORTCUTS


                    First Steps
                    Check dates
                    Income/Expenditure
                    Acknowledge Claim
                    CCA Request
                    CPR 31.14 Request
                    Subject Access Request Letter
                    Example Defence
                    Set Aside Application
                    Directions Questionnaire



                    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                    NOTE: If you receive a court claim note these dates in your calendar ...
                    Acknowledge Claim - within 14 days from Service

                    Defend Claim - within 28 days from Service (IF you acknowledged in time)

                    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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