Cabot v prdesign

[prdesign]

Good evening / morning!

Re a Claim form I received, please see the information I believe to start below - if you need more, please let me know. I do hope you can help.

Issue date - 14/11/16
Amount - 2760.10 plus 105 fee and 80 costs (2945.10)
Claimant - Cabot
Solicitor - Mortimer Clarke Solicitors Ltd
Original Creditor - Halifax Bank
Particulars - 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 2760.10.
Statute Bared - The debt would be no more than 4 years old I believe.
I've sent no letters or anything. (Part of the problem I believe)

Background - I think I might of had an overdraft sometime after Mid 2012, but I can't remember. Due to personal reasons, I have been unwell, and moved house (still renting) numerous times over the past few years and sofa surfed a few times as well as being homeless once, which affected my mental health and other things too numerous to mention (but happy to if any of it helps!)

I have finally gotten back some control of my life, and believe that a past debt has caught up with me. Due to moving so many times, a lot of old paperwork and stuff got lost, so it will be impossible for me to prove or disprove the claim from what I have managed to keep.

I only have online print of a bank statement from 8th June 2012 but shows a balance of aprox -40.00.

I started to look at MCOL, but I don't understand the implications of disputing the claim (full or part) and what might happen if I went for full dispute, and it was then found that I was wrong.

Basically I can't remember what happened, so I don't want to prejudice anything by getting the first part of acknowledging my claim wrong.

I think I understand the next steps for asking for the CCA S77 (which goes to Cabot) and also the CPR which would go to Mortimer (Please shout if that's wrong)

Would there be any use in writing to Halifax, (at my Bank Address?) and if so would that be the SAR I saw mentioned in another post - Or am I past this step, and it is too late?

Sorry if I'm jumping ahead of how things work here, please tell me to slow down if that's the case

Thanks very much in advance

PR

[seduraed]

Re: Cabot v prdesign

Acknowledge service, tick box intend to defend in full. Don't dispute jurisdiction unless you are in . Scotland and they in England.
Send s77 notice to the original creditor with a postal order for £1 mark both sides for statutory fee only. Send signed for. There is a template letter on the site.
They have 12+2 days to respond.
The CPR letter goes to the solicitors and you can only ask for documents mentioned in their case. Send signed for again. A template is on the site. Don't miss court deadlines . If you have any questions come back and ask.

[prdesign]

Re: Cabot v prdesign

Hi Seduraed

Thanks for the reply - having gone to the templates, I notice that the CCA templates don't apply for Bank overdrafts, which is what I had. Is this still the case, or does it change as the claimant is not the organisation that originally provided the OD

Ie Has this debt likely been sold to the new claimant

Sorry if I didn't make that clearer above, but I'm slightly confused.

PR

[nemesis45]

Re: Cabot v prdesign

A CCA request is not relevant to the OD.

It would be well worth contacting Halifax to get some details and or check your credit files ( Noddle is free online) I wonder how much of the debt is charges/fees?

nem

Have you acknowledged service of the claim yet? If not do so at MCOL don't enter any defence at this stage just state intent to defend in full.

[prdesign]

Re: Cabot v prdesign

Hi Nem

Thanks for the reply, and yes I acknowledged the claim yesterday.
Is the CPR letter still required, as I can't see anything in my particulars to actually ask for, which I assume is the reason for their wording?
Finally, is there a recommended template letter to send to my bank, and without sounding stupid, would the address be my branch or the "head office" I am also assuming that I will get nothing back before the defence submission deadline.
Sorry if this is covered somewhere else on this site, but there is a ton of material here
As you can guess, I'm enthusiastic, but confused!!
I will look at Noodle now.

Thanks again
PR

[nemesis45]

Re: Cabot v prdesign

Hi Nem

Thanks for the reply, and yes I acknowledged the claim yesterday.
Is the CPR letter still required, as I can't see anything in my particulars to actually ask for, which I assume is the reason for their wording?
Finally, is there a recommended template letter to send to my bank, and without sounding stupid, would the address be my branch or the "head office" I am also assuming that I will get nothing back before the defence submission deadline.
Sorry if this is covered somewhere else on this site, but there is a ton of material here
As you can guess, I'm enthusiastic, but confused!!
I will look at Noodle now.

Thanks again
PR

The Notice of assignment is all I think.

The POC couldn't be more vague.

nem

[prdesign]

Re: Cabot v prdesign

Thanks, I will ask for that information
And yes, I would expect that a large amount of the total is fees and charges
I guess that's one of the downsides of having had a bank account and a somewhat chaotic history!
PR

[charitynjw]

Re: Cabot v prdesign

Halifax should still have all your data.
It is probably best to SAR them.
http://www.legalbeagles.info/forums/...ur-information

[prdesign]

Re: Cabot v prdesign

Thanks Charity - will do that and send out with CPR in post tomorrow
PR