County Court Summons Northampton Received Cabot /Halifax

[Springbrook]

Hi, I received a Summons via solicitors Mortimer Clarke for an overdraft on a current account that I had with Halifax Bank from 2012. I am adamant I did not have an overdraft with Halifax bank.

The summons was made out to a name I have not had legally since 2014. Halifax Bank were made aware at the time of my new name and have indeed written to me about other matters in my new name.

I responded to the summons (before finding Legal Beagles) stating I had no knowledge of the debt and could they send proof.

Mortimer Clarke have now sent me a list of credits to Cabot Financial (UK ) Limited, ending in 2018, however, apart from there and my name on the top of the paper it gives no other details of an account with Halifax Bank. Although I had a current account and mortgage with Halifax, I never had an overdraft and am at a loss of how to answer there latest letter. They are stating that they have proved the debt with Cabot with the statement of credits, have included an income and expenditure form.

Until I received the court summons I did not receive any other communication.

How can I respond, and how can I find out about getting a copy of my current account from Halifax Bank?

Thank you for your help

I have to respond over this weekend

[R0b]

Hi,

So we are clear, have you filed a defence and your defence is simply that you require them to prove the debt?

[Springbrook]

Hi, I received a Summons via solicitors Mortimer Clarke for an overdraft on a current account that I had with Halifax Bank from 2012. I am adamant I did not have an overdraft with Halifax bank.

The summons was made out to a name I have not had legally since 2014. Halifax Bank were made aware at the time of my new name and have indeed written to me about other matters in my new name.

I responded to the summons (before finding Legal Beagles) stating I had no knowledge of the debt and could they send proof.

Mortimer Clarke have now sent me a list of credits to Cabot Financial (UK ) Limited, ending in 2018, however, apart from there and my name on the top of the paper it gives no other details of an account with Halifax Bank. Although I had a current account and mortgage with Halifax, I never had an overdraft and am at a loss of how to answer there latest letter. They are stating that they have proved the debt with Cabot with the statement of credits, have included an income and expenditure form.

Until I received the court summons I did not receive any other communication.

How can I respond, and how can I find out about getting a copy of my current account from Halifax Bank?

Thank you for your help

I have to respond over this weekend

Hi,

Thank you for answering my question.

Yes I filed a defence stating I had no knowledge of the debt and asked them to prove the debt? They have not proved it.

I was now going to write back to Mortimer Clark and include a copy of a letter which I shall send today to the Halifax asking for a copy of the overdraft agreement as per section 61 B CCA 1974 and running account agreement and statements section 78. Would you advise this is the correct thing to do?


Thank you for your help.