Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

[JIM1972]

Received a claim? Yes
Issue Date: 8-6-2015
Amount approx: £2700
Claimant: CABOT FINANCIAL (UK) LTD
Solicitor: MORTIMER CLARKE
Original Credit: HALIFAX

Particulars of Claim:
Monies due under current account overdraft. The Claimant's claim is for the balance outstanding under a Bank account facility HALIFAX (HLX) 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 2700.00

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I have lost my job due to ill health and am only able to work for very short periods. I'm being supported by my husband

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

Hi welcome to LB,

Have you had an previous correspondence from Cabot in regard to the alleged debt?
e.g. Notice of assignment, any letters chasing the debt prior to the issue of the claim?
Do you intend to defend the claim?
Or admit liability in part/whole?

nem

[JIM1972]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

Hi nem,

Yes I have had the normal chasing phones calls and on the 12/02/15 they sent me a statement of account. Then a notice of arrears dated 17/02/15. Then in may they passed it to mortimer clarke who sent letters saying that they would take it to court.

I been away with my husband and came back to find the county court claim form Saturday Morning.

I've acknowledged it with the intention to defend to give myself some breathing space.

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

Received a claim? Yes
Issue Date: 8-6-2015
Amount approx: £2700
Claimant: CABOT FINANCIAL (UK) LTD
Solicitor: MORTIMER CLARKE
Original Credit: HALIFAX

Particulars of Claim:
Monies due under current account overdraft. The Claimant's claim is for the balance outstanding under a Bank account facility HALIFAX (HLX) 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 2700.00

Stat Barred? No

There are no dates whatsoever on the particulars of claim. How old is this account? Have you any idea when the Halifax demanded full payment of the overdrawn balance?

Have sent: Acknowledged the Claim

Did you state your intention to defend the whole of the claim? A part admission would allow the claimant to request judgment for at least the amount admitted :scared: and a full admission would require the use of the admission forms so I assume that wasn't the case. ray:

Overdrafts can be a little difficult to defend because the usual CCA arguments do not apply, however, you can still send the CPR request as noted here:

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

Looking at the particulars of the claim, you can ask for a copy of the following:

• the current account agreement
• the final demand
• the notice of assignment

If, at the end of the day, it looks like your prospects of defending the claim are not great, you can always settle via a Tomlin order, which has the effect of staying proceedings as long as you keep to the terms of the order (i.e. keep making the agreed payments). This means you can repay at an affordable rate (based on your income and expenditure statement) and will avoid a CCJ on record. :thumb:

[nemesis45]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

Hi nem,

Yes I have had the normal chasing phones calls and on the 12/02/15 they sent me a statement of account. Then a notice of arrears dated 17/02/15. Then in may they passed it to mortimer clarke who sent letters saying that they would take it to court.

I been away with my husband and came back to find the county court claim form Saturday Morning.

I've acknowledged it with the intention to defend to give myself some breathing space.

Ok that's fine,

Next a request made under Civil Procedure Rule (CPR) 31.14 to the solicitors this is for only the documents
mentioned in the POC no other documents can be requested.

On this claim the POC is very sparse only the assignment /demand mentioned.

Have you checked credit files on this account? It may help to check that the amount
claimed is correct..

nem

[JIM1972]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

Hi FlamingParrot,

Yes I have Acknowledged the Claim and said that i wish to defend the whole of it.

As far as dates are concerned not sure but CABOT say that the account was opened 30/10/2010.

Not sure when the Haxlifax formally demanded the money back, but I will have a look as I did at one point sent out letters to all of my creditors stating that i was on half pay and in financial distress. I asked for them to freeze intrest and charges and send me balances so i could try to come to an agreement with them all. The halifax was the only one which said no.

One thing i did find intresting is that on the Notice of arrears from CABOT they Quote:-

Notice of Arrears

We are required to give you this notice in compliance with the Consumer Credit Act 1974 because you are behind with your payments under the terms of the credit agreement. We are required to give you this notice even if have agreed a payment arrangement with us.

I've never had an agreement with CABOT . I've never spoken to CABOT. I've never Acknowledged the debt with CABOT.


.
.

[Debt Camel]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

Not sure when the Haxlifax formally demanded the money back, but I will have a look as I did at one point sent out letters to all of my creditors stating that i was on half pay and in financial distress. I asked for them to freeze intrest and charges and send me balances so i could try to come to an agreement with them all. The halifax was the only one which said no.

One route you could take is to put in a formal complaint to Halifax about their failure to freeze interest - use a modified version of the letter here: http://debtcamel.co.uk/creditor-wont-freeze-interest/ changing it so you aren't asking them to freeze interest, but say you are now being taken to court by Cabot and you want to ask for a refund of the charges / interest after the point you told them you were in difficulties.

I've never had an agreement with CABOT . I've never spoken to CABOT. I've never Acknowledged the debt with CABOT.

true, but irrelevant I am afraid. There would have been a clause in your original T&Cs that allowed this assignment.

It's not clear to me what grounds you might have for defending this claim.

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

Hi FlamingParrot,

Yes I have Acknowledged the Claim and said that i wish to defend the whole of it.

As far as dates are concerned not sure but CABOT say that the account was opened 30/10/2010.

Not sure when the Haxlifax formally demanded the money back, but I will have a look as I did at one point sent out letters to all of my creditors stating that i was on half pay and in financial distress. I asked for them to freeze intrest and charges and send me balances so i could try to come to an agreement with them all. The halifax was the only one which said no.

I was just asking in case it was an old account where no payments had been made for 6 years or more. With an overdraft, the cause of action would start when the bank sent the formal demand. If the account was only opened in 2010 this wouldn't be relevant.

One thing i did find intresting is that on the Notice of arrears from CABOT they Quote:-

Notice of Arrears

We are required to give you this notice in compliance with the Consumer Credit Act 1974 because you are behind with your payments under the terms of the credit agreement. We are required to give you this notice even if have agreed a payment arrangement with us.

I've never had an agreement with CABOT . I've never spoken to CABOT. I've never Acknowledged the debt with CABOT.

Strictly speaking, you didn't have a credit agreement either.

It's not clear to me what grounds you might have for defending this claim.

Probably not many as is so often the case with overdrafts, which is why I mentioned the Tomlin Order. At least you don't end up with a CCJ on record.

[JIM1972]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

One route you could take is to put in a formal complaint to Halifax about their failure to freeze interest - use a modified version of the letter here: http://debtcamel.co.uk/creditor-wont-freeze-interest/ changing it so you aren't asking them to freeze interest, but say you are now being taken to court by Cabot and you want to ask for a refund of the charges / interest after the point you told them you were in difficulties.


true, but irrelevant I am afraid. There would have been a clause in your original T&Cs that allowed this assignment.

It's not clear to me what grounds you might have for defending this claim.

Thank you for your help. I just needed some advice on how to proceed as I know that debt recovery agencies can sometimes do this sort of stuff without the correct documents, using bully boy tactics to get the money.

[JIM1972]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

I was just asking in case it was an old account where no payments had been made for 6 years or more. With an overdraft, the cause of action would start when the bank sent the formal demand. If the account was only opened in 2010 this wouldn't be relevant.


Strictly speaking, you didn't have a credit agreement either.


Probably not many as is so often the case with overdrafts, which is why I mentioned the Tomlin Order. At least you don't end up with a CCJ on record.

Can I just ask who sets up the Tomlin Order? As I can't pay the debt in one payment I only took home £100 a month last year and it looks like it will be less this year. I rent a house with my husband. The only thing I do have is a car which is on finance which I need as I have had a back operation and have a disable badge.

[Debt Camel]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

I only took home £100 a month last year and it looks like it will be less this year. I rent a house with my husband. The only thing I do have is a car which is on finance which I need as I have had a back operation and have a disable badge.

You mentioned other debts as well. Rather than fight them all individually, you may want to look at a Debt Relief Order - I suggest calling National Debtline (0808 808 4000) and talking to them about your debts and your car.

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

Can I just ask who sets up the Tomlin Order? As I can't pay the debt in one payment I only took home £100 a month last year and it looks like it will be less this year. I rent a house with my husband. The only thing I do have is a car which is on finance which I need as I have had a back operation and have a disable badge.

You don't need to pay it all at once, a Tomlin Order contains a schedule setting out the total amount repayable and the agreed monthly instalments. You will find some examples here: http://www.legalbeagles.info/forums/...221#post485221

They are backed by an income and expenditure statement. Having said that, we are getting a little ahead of ourselves here, I think you should look at what Debt Camel has said above. It may not be enough to clear the whole amount but it could reduce it and, as they say, every little helps! :thumb:

[JIM1972]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

I was just asking in case it was an old account where no payments had been made for 6 years or more. With an overdraft, the cause of action would start when the bank sent the formal demand. If the account was only opened in 2010 this wouldn't be relevant.


Strictly speaking, you didn't have a credit agreement either.


Probably not many as is so often the case with overdrafts, which is why I mentioned the Tomlin Order. At least you don't end up with a CCJ on record.

I'll sent a CPR request and see what comes back.

Thanks again

[JIM1972]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

So I posted a CPR request and have had no response from the solictors yet whats my next move ?

[FlamingParrot]

Re: Court Claim - CABOT FINANCIAL (UK) LTD / HALIFAX - 8-6-2015

So I posted a CPR request and have had no response from the solictors yet whats my next move ?

You need to chase the CPR request, tell them that they should have had the documents in their possession before issuing the claim and you need them to prepare your defence. As they haven't provided them, you'd like to ask them to agree to a 28 day extension as allowed under CPR 15.5.

You can put all this on an email and then chase up by phone to save time. :clock:

If they agree to an extension, you need to inform the court. :typing: