Cabot taking me to court over unpaid halifax overdraft

[hollibear]

Hi Guys I have received the dreaded letter from Northampton bulk paperwork house with regard Cabot taking me to court to obtain a ccj for an unpaid overdraft which amounts to £2700, I have acknowledged the form online and said that I will defend myself against the claim, I will hold my hands up and say that with a bad marriage break up and CSA charges killing me, I found myself in quite a bad financial state and buried my head in the sand, I don't feel great about that and now find myself with this, do I have a defence here? can anybody help?, I have seen that OD's are handled differently than other debts, I don't think the CAB will be of any help either

[Onestepatatime]

Re: Cabot taking me to court over unpaid halifax overdraft

@Diana M [MENTION=98117]warwick65[/MENTION]

[warwick65]

Re: Cabot taking me to court over unpaid halifax overdraft

CAB I suspect will be of little help short of asking you if you have other debts etc.

A couple of questions though
can you type out the particulars of claim as this may give a heads up as to what you can ask for

When was the OD defaulted and recalled ? When was the last payment.


Also who are the claimants, cabot financial uk or something else. There is , I think a big case coming up regarding licencing which the firm [MENTION=87380]Diana M[/MENTION] represents are heavily involved with. At least that is if i read the tweet correctly

[hollibear]

Re: Cabot taking me to court over unpaid halifax overdraft

Hi the claimant is Cabot Financial (uk) limited and the particulars are - monies due under current account overdraft. The claimants claim is for the balance outstanding under a bank account facility Halifax 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 2539.89
The solicitors are Mortimer Clarke ltd. I last paid would be approximately 3 and a half years ago

[hollibear]

Re: Cabot taking me to court over unpaid halifax overdraft

Just to mention I have acknowledged the county court proceedings online and stated that I will be defending myself against the claim

[hollibear]

Re: Cabot taking me to court over unpaid halifax overdraft

So I’m guessing I need to send the letters to the solicitor’s asking for the evidence against me and also the letter to Cabot uk ltd also? Any help here would be greatly appreciated

[MIKE770]

Re: Cabot taking me to court over unpaid halifax overdraft

CPR 31.14 Request Letter

[Diana M]

Re: Cabot taking me to court over unpaid halifax overdraft

Cabot taking me to court to obtain a ccj for an unpaid overdraft which amounts to £2700,

. . . . I found myself in quite a bad financial state

. . . . I have seen that OD's are handled differently than other debts

There are no dates on the POC to help me so when/what year did you default on the overdraft?

If the overdraft facility was renewed annually since 2012 then s. 78 CCA may still apply so send a request for the agreement to Cabot.

Di

[hollibear]

Re: Cabot taking me to court over unpaid halifax overdraft

Thanks Di and Mike repayments into that account ceased 4 years ago pretty much to the day. I have requested the info from Cabot also asked for a copy of all evidence from the solicitors, I’ll update once I hear anything back, just a query, is Cabot Financial (uk) legitimate?

[warwick65]

Re: Cabot taking me to court over unpaid halifax overdraft

Cabot UK are legit in that they are a legal company but they do not have a consumer credit licence although I have no idea how to argue that. However definitely not the way one poster on her wanted to.

I believe it may be a legal technical argument and there is a big case coming about licencing although I think it will only be county court or so the tweet says.

[Guest]

Re: Cabot taking me to court over unpaid halifax overdraft

Cabot UK are legit in that they are a legal company but they do not have a consumer credit licence although I have no idea how to argue that. However definitely not the way one poster on her wanted to.

I believe it may be a legal technical argument and there is a big case coming about licencing although I think it will only be county court or so the tweet says.

Interesting point !#
Are Cabot UK are legit, do they have a consumer credit licence, if not what are the consequenses ?

[warwick65]

Re: Cabot taking me to court over unpaid halifax overdraft

The FCA register says they don't have one. As for the consequences or how to argue it I really am not sure. I know PT used to say it mattered. I hope it does matter because most of my debt is with unlicensed debt purchasers

[hollibear]

Re: Cabot taking me to court over unpaid halifax overdraft

Not registered with the FCA, interesting indeed, I wonder if it would make a worthy point to raise as part of the defence?

[Onestepatatime]

Re: Cabot taking me to court over unpaid halifax overdraft

I order to do so effectively then you will need expert advice/representation as I can't imagine the arguments being given away freely, I suspect this is a closely guarded secret? Perhaps some time with @Diana M or [MENTION=551]pt2537[/MENTION] may be of use?

[hollibear]

Re: Cabot taking me to court over unpaid halifax overdraft

The only reason I ask is because my personal details (sensitive data) have been given to a third party, do data protection laws apply in circumstances like these? Especially to an unlicensed organisation?