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Andy77 v Cabot / Mortimer Clarke

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  • Andy77 v Cabot / Mortimer Clarke

    Issue Date: 22nd May 2018
    Amount approx: £290
    Claimant: Cabot
    Solicitor: Mortimer Clarke
    Original Creditor: HFC Bank

    Monies due under current account overdraft. The claimants claim is for the balance outstanding under a bank account facility IDEM re HFC Bank 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 claiamant therefore claims £290 + costs



    I filed my intention to defend with the court and at the same time I sent off CCA and CPR requests to the claimant and the solicitor. (The court paperwork contains no details of an account number).


    On the 2nd July I recieved a response from the claimants solicitor saying the following:


    We acknowledge your request for documentation pursuant to CPR 31.14.

    We believe that you may have already 'inspected' the documentsto which you mkae reference because at various dates in the pastthey would have been sent to you by another party such as the original creditor.

    We would be grateful if you could confirm what documents tou have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions.



    Other than that letter I have received no documents from the claimant or their solicitor. So my question is where do I go from here?

    Thanks in advance.
    Tags: None

  • #2
    Overdraft with HFC Bank / IDEM ?

    Do you actually know what this is - more likely to be a loan or credit card that has been turned into an overdraft by HSBC.

    Have you filed your defence ??
    #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
      If memory serves me correctly it was some kind of revolving credit account that was (I thought) completely paid off with a PPI claim. But it goes back probably 5 or 6 years and I have no records of it at home. I filed my defence saying I'd defend in full. I then sent off the requests for information to the claimant and their solicitor.

      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.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

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