Court claim for overdraft

[nemesis45]

Re: Court claim for overdraft

[QUOTE=pawlik;567560][QUOTE=FlamingParrot;567421]You are saying that you didn't receive a termination notice but then ask for a copy of the DN. Being an overdraft, there isn't the same requirement for a DN as with other regulated credit such as loans.

- - - Updated - - -


For the purpose of limitation, the clock stopped when a claim was issued. If you had the account, you can't deny having it, however, you can make a few other points.




Is this better?

1. It is denied that a Final demand Notice or Termination notice was received from HSBC.


you don't really need to prompt them more in to finding the DN TN.

nem

[pawlik]

Re: Court claim for overdraft

[QUOTE=nemesis45;567566][QUOTE=pawlik;567560]

You are saying that you didn't receive a termination notice but then ask for a copy of the DN. Being an overdraft, there isn't the same requirement for a DN as with other regulated credit such as loans.

- - - Updated - - -


For the purpose of limitation, the clock stopped when a claim was issued. If you had the account, you can't deny having it, however, you can make a few other points.




Is this better?

1. It is denied that a Final demand Notice or Termination notice was received from HSBC.


you don't really need to prompt them more in to finding the DN TN.

nem

Quick question I remembered that I did send the pre action letter using recorded delivery but Restons did not provide the information in this letter as it was not signed. Is it worth putting this in the defence?

[nemesis45]

Re: Court claim for overdraft

[QUOTE=pawlik;567988][QUOTE=nemesis45;567566]

Quick question I remembered that I did send the pre action letter using recorded delivery but Restons did not provide the information in this letter as it was not signed. Is it worth putting this in the defence?

Good morning,

An " unsigned " letter that was ignored/ declined to answer by the recipient is unlikely to be of help in your defence.

nem

[FlamingParrot]

Re: Court claim for overdraft

Quick question I remembered that I did send the pre action letter using recorded delivery but Restons did not provide the information in this letter as it was not signed. Is it worth putting this in the defence?

Did they reply to you arguing about the lack of signature? Or did they just fail to respond to your letter and went on to issue a claim?

It may not make a huge difference to the account itself but exchanging correspondence at the pre-claim stage is part of the pre-action conduct and both parties are expected to comply. If they argued about the lack of signature and you didn't re-send a signed letter asking for the same documents, then it's probably best leaving the whole thing out, however, if they never said anything about the lack of signature and just ignored your response and issued a claim, or if you satisfied their demand for a signature and re-sent the letter, I'd be inclined to mention that as it shows disregard for the rules. :thumb:

[pawlik]

Re: Court claim for overdraft

Did they reply to you arguing about the lack of signature? Or did they just fail to respond to your letter and went on to issue a claim?

It may not make a huge difference to the account itself but exchanging correspondence at the pre-claim stage is part of the pre-action conduct and both parties are expected to comply. If they argued about the lack of signature and you didn't re-send a signed letter asking for the same documents, then it's probably best leaving the whole thing out, however, if they never said anything about the lack of signature and just ignored your response and issued a claim, or if you satisfied their demand for a signature and re-sent the letter, I'd be inclined to mention that as it shows disregard for the rules. :thumb:

I am afraid to say I did not resend letter with signature. I have submitted my defence today. I am now thinking of offering a settlement figure as I have been given notice for redundancy. With mouths to feed this is a very stressful time. Is this a wise move or shall I wait for court directions?

[FlamingParrot]

Re: Court claim for overdraft

I am afraid to say I did not resend letter with signature. I have submitted my defence today. I am now thinking of offering a settlement figure as I have been given notice for redundancy. With mouths to feed this is a very stressful time. Is this a wise move or shall I wait for court directions?

Personally I'd wait until you hear from the court. Once they receive your defence, they have 28 days to respond and say whether they wish to continue with the claim. If they don't respond, the claim gets stayed but you won't be informed. If they decide to proceed you will get a directions questionnaire where there is an option to tick a box to agree to mediation. If you wish to settle, that should give you an opportunity. :thumb:

If all else fails, you could settle via a Tomlin order which stays proceedings as long as you keep making the agreed repayments, it's a last resort way to avoid a CCJ. If you are able to get a F&F accepted and are able to pay it out of your redundancy, even better. :grin:

[pawlik]

Re: Court claim for overdraft

Personally I'd wait until you hear from the court. Once they receive your defence, they have 28 days to respond and say whether they wish to continue with the claim. If they don't respond, the claim gets stayed but you won't be informed. If they decide to proceed you will get a directions questionnaire where there is an option to tick a box to agree to mediation. If you wish to settle, that should give you an opportunity. :thumb:

If all else fails, you could settle via a Tomlin order which stays proceedings as long as you keep making the agreed repayments, it's a last resort way to avoid a CCJ. If you are able to get a F&F accepted and are able to pay it out of your redundancy, even better. :grin:

I received a letter from court that my defence has been received. Just to advise that I wrote a f&f letter using without prejudice offering 10% of total balance using recorded delivery. Hopefully this will demonstrate that I have been trying to solve amicably? I will await the response from restons. Checked on my credit file and cabots have been snooping around.

[FlamingParrot]

Re: Court claim for overdraft

I received a letter from court that my defence has been received. Just to advise that I wrote a f&f letter using without prejudice offering 10% of total balance using recorded delivery. Hopefully this will demonstrate that I have been trying to solve amicably? I will await the response from restons. Checked on my credit file and cabots have been snooping around.

Has your defence just been received or also responded to, i.e. saying they wish to continue?

The whole point of without prejudice offers is so they cannot be used in court.

[pawlik]

Re: Court claim for overdraft

Has your defence just been received or also responded to, i.e. saying they wish to continue?

The whole point of without prejudice offers is so they cannot be used in court.

Thanks for your reply

The court received my defence a few days ago. The claimant have yet to respond to the defence or the offer.

Was the f&f a bad move?

[Kati]

Re: Court claim for overdraft

Was the f&f a bad move?

[MENTION=37786]FlamingParrot[/MENTION] ... any advice for pawlik here? x

[FlamingParrot]

Re: Court claim for overdraft

Thanks for your reply

The court received my defence a few days ago. The claimant have yet to respond to the defence or the offer.

Was the f&f a bad move?

No, it wasn't because it was made without prejudice so they can't use it as evidence in court.

Did you put a time limit for acceptance of the F&F in your letter?

[pawlik]

Re: Court claim for overdraft

No, it wasn't because it was made without prejudice so they can't use it as evidence in court.

Did you put a time limit for acceptance of the F&F in your letter?

Yes I gave them a week to reply so far no answer.

[pawlik]

Re: Court claim for overdraft

I have finally received a response. My F&F offer has been rejected :tinysmile_cry_t: and they have counter offered of almost the original balance due to court costs. I am not willing to entertain any further offers which is a risk I know being a homeowner. The cheek is that they have asked for documentation for proof of charges yet they have failed to provide any documents . I think I will wait for mediation route.

[pawlik]

Re: Court claim for overdraft

I have finally received a response. My F&F offer has been rejected :tinysmile_cry_t: and they have counter offered of almost the original balance due to court costs. I am not willing to entertain any further offers which is a risk I know being a homeowner. The cheek is that they have asked for documentation for proof of charges yet they have failed to provide any documents . I think I will wait for mediation route.

Restons conduct so far has really tested my patience. I want to fight these scum but am scared at the same time of a charging order if I go to court.

[sloane82]

Re: Court claim for overdraft

Hi from what I have read have you contacted the FOS Financial Ombudsman Service?. If not do so have a look at the SAR and contact all the companies and any interest fees anything that you are unaware of claim back. Ask for a goodwill gesture to all companies involved Cabot is terrible. Was your overdraft £3000 to begin with?. Also claim back everything you can packaged accounts credit card ppi late payment charges etc Contact Cabot and agree to make a gesture of £1 payment a month by law they cannot refuse as you are in financial hardship Gas Electricity companies claim back have a look at Martin Lewis's Website google it and claim everything back are you working?. If not then apply for a British Gas Trust fund application and Severn trent application and claim for everything any questions feel free to ask.