HI Everyone ... need advice urgently

[Tomuchindebt]

Hi, Just joined after reading the site over the past few weeks and trying to get as much information as possible to help mw in this dark place I am at the moment with debts, solicitors harassing me, DCA court action and all the very well know culprits the one I need help with urgently is CABOT.

I will just tell you a bit about me. I became ill 10 years ago but continued working until a few years ago when I became very ill an had to have a lot of hospital treatment for tumours and 5 back operations. I am currently fighting the best I can to keept my home. I have 13 lenders in total but some of them are just catalogue but the main ones I am dealing with is Cabot who has now started legal proceedings for an overdraft with Yorkshire Bank. I also have a credit card account that has been passed to Cabot. The other ones are Halifax and Wescot who are threatening legal action. The others I will deal with once these have been dealt with. I only have a limited time to send the court papers back and I am disputing that I was never sent a default notice for the overdraft? The account was closed but thats it. I dont know what the law is on overdrafts?
I need to do letters to Cabot and Wescot to stop the legal action just for now as I have not responded due to not kowning what to write and all the legal jargan.

I hope someone can help me and HI again being a newbie ;-)

[labman]

Re: HI Everyone ... need advice urgently

Just so you know you're not being ignored (and welcome to Legal Beagles!) I have pm'd someone who may be able to answer this for you, but I know they are not available until the beginning of next week.

[SpringerSpaniel]

Re: HI Everyone ... need advice urgently

If you have a claim against you in court form one or more creditors, what is the date on it, and have you sent back an acknowledgement of service ?

[Guest]

Re: HI Everyone ... need advice urgently

Hi, Just joined after reading the site over the past few weeks and trying to get as much information as possible to help mw in this dark place I am at the moment with debts, solicitors harassing me, DCA court action and all the very well know culprits the one I need help with urgently is CABOT.

I will just tell you a bit about me. I became ill 10 years ago but continued working until a few years ago when I became very ill an had to have a lot of hospital treatment for tumours and 5 back operations. I am currently fighting the best I can to keept my home. I have 13 lenders in total but some of them are just catalogue but the main ones I am dealing with is Cabot who has now started legal proceedings for an overdraft with Yorkshire Bank. I also have a credit card account that has been passed to Cabot. The other ones are Halifax and Wescot who are threatening legal action. The others I will deal with once these have been dealt with. I only have a limited time to send the court papers back and I am disputing that I was never sent a default notice for the overdraft? The account was closed but thats it. I dont know what the law is on overdrafts?
I need to do letters to Cabot and Wescot to stop the legal action just for now as I have not responded due to not kowning what to write and all the legal jargan.

I hope someone can help me and HI again being a newbie ;-)

HI

Sorry to hear about your situation.
Unfortunately they do not have to send a default notice to call in an overdraft.
Have you tried writing to all the creditors explaining your situation and offering a token payment of £1 untill your situation improves
The banking code requires them to deal symatheticlly with genuine cases like yours.

They may or may not accept it but the fact that you acknowledge your situation wil stand you in good stead if any of them should take you to court.
The main thing is to ensure your priority debts are paid utilities gas electric mortgage etc. also prepare an income and expendature document and enclose it with the letters.

Peter



Peter

[SpringerSpaniel]

Re: HI Everyone ... need advice urgently

An overdraft is usually repayable on demand, the bank can rely on these provisions. The terms aand conditions of the bank account should clarify this, perhaps you might post them on here after removing any personal info such as name and address ?

It would also be helpful for you to work on an Income and Expenditure Statement, which an identify what if any disposible income you have and can be sent to creditors as evidence of your circumstances, eg to back up a request to have debt written off due to hardship or to make token payments eg £1/month.

If you post on here more about the litigation you are involved in, this is the most urgent aspect of your problem just at the moment, to mkae sure that the claim is defended if you have a defence, or to make an out of court offer to pay by manageable installments if you admit liability.

[SpringerSpaniel]

Re: HI Everyone ... need advice urgently

If you have been having treatment for cancer, the Macmillan Fund

can give you financial advice and small grants eg if you can't pay bills, household applicances break down, it is hard to meet the costs of getting to hospital etc.

[SpringerSpaniel]

Re: HI Everyone ... need advice urgently

There is a section of this site about dealing with telephone harrasment which may be useful to you.

[Guest]

Re: HI Everyone ... need advice urgently

Hi Again

Although a default notice is not required, they should have sent a notice of termination under section 76 prior to calling in the loan.

Peter