Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

[RtoR]

Help needed defending against Cabot/Restons. I'm trying to read up the proper course of action from the three main websites (LB, GOODF and CAG) but I'm getting lost in all the advice. Came to the conclusion that LB seems the most reliable. Received a court claim from Restons dated 17th November for my old Lloyds current account overdraft (in excess of £12000). Provided an AOS on the 5/12/14 (was told by the court that I had 14+5 days to do this). Now I'm in the final few days for getting in a defense, (I think I need to get this in by 20th December). I just haven't known how to go about doing this and have lost time just trawling sites and not really getting anywhere.

A bit of background into my situation. Got myself into a state where I owed several cards and a current account overdraft substantial amounts of money, and was drawing from cards to pay off each of the other cards and account. Finally summer of 2008 in the initial grip of the credit crunch, I lost my well paying job and the well of funds provided by credit cards also dried up. I quickly found myself unable to keep up with the monthly payments. Soon after ended up changing homes twice and split up with my partner due to the financial stress. I am a single mother. Took sanctuary with my family. After the loss of my well paying job I changed jobs twice further accepting big pay cuts. It had always been my intention to sort out the financial burdens of the recent years but never found myself being able to afford much in terms of repayments as I was just keeping afloat. For the past year I have not been working due to health issues and am trying to get back into the swing of things. In the meantime I have been ignoring all post from DCs which have past the rounds several times. Have been tempted many times by their offers of settlement for 30% discount but never got round to phoning and making arrangements with any of them. Have never acknowledged any of the debt. Then on 17th November this CC claim has been brought about and I can no longer continue putting my head in the sand.

I believe all the debts would probably be statute barred by now. Please can someone help with proper course of action. Really need to know how to go about things especially as the final few days are dawning. Have been reading about help provided by Celestine and Paul Tilly could I get legal help from them in my situation as it is so daunting to have to go through this by myself and am afraid of doing things wrongly and not knowing how to correctly word things and landing myself further in the grasp of DCs. Sorry for such a long rambling.

[Amethyst]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Aww thank you xx I agree with you, of course

Welcome to the forum.

You are right on the dates so nothing to worry about there, I'm glad you've taken the plunge and posted instead of reading round in circles.

So the claim is from CABOT via Restons, for a Lloyds Overdraft on a current account.

It's a fast track claim, so over £10k.

You haven't acknowledged or very least paid anything to the debt since Summer of 2008 - so COULD be statute barred.

Do you know what the debt was when you left it at Lloyds ? Was there much in the way of charges in the overdraft or had it grown simply from the loop of robbing peter to pay paul ?

You don't appear to have ask Cabot, or Restons, or Lloyds for any further information - you've just acknowledged the claim ? If that is the case then we should start asking for some information on this debt, time is tight now.

How are you on the telephone ? - we could do with a call to Restons asking them to agree an extension to the date for filing your defence under CPR 15.5 of 28 days as you have asked CABOT for information but have not yet received anything. Otherwise we could email them asking the same. ( CABOT always respond saying they need 40 days so Restons are used to extension requests)

As the claim is fast track we can legitimately push for CPR 31.14 documents mentioned in the statement of case - so could you type out the particulars of claim from the N1 claim form in full please and we can get that together and try get a time extension and set in motion getting together the information, then have a look at how we got to having a £12k personal ? overdraft and whether the bank was complicit in that.

[RtoR]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Hi Amethyst, thanks for your time and assistance.

I don't think I have any statements left over for the account, I think they may all be lost during the home moves. I'll have another dig around. So I don't know why the original overdraft amount was. I have kept DC letters that I've received and the earliest I have is dated June 2011. The amount is consist throughout all the DC that it's changed hands with and I have on a couple of occasions received a letter from Lloyds telling me that the account is with a DC. On one of the letters they have the wrong account number, however, they seem to have corrected that second time round. As to the charges on account, I had plenty of those. It was a nightmare with charges, interest add-ons etc. At one point I was intending to reclaim charges but I believe judges had ruled against it at the time so that was blown out of the water.

I will attempt to scan in claim form so you can see the POC which I believe is a pretty standard general one. I'll also have a look at defaults on my credit report which have been entered by DCs.

As to phoning DCs or their solicitors I'm really not very good with that, I get wound up by them so easily. I can try emailing them. When I acknowledged the claim I ticked the box to defend all of the claim.

Thank you so much for all your help.

[EXC]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

If you can scan the claim form and you can't post it up you can e-mail it to Amethyst at admin@legalbeagles.info and put your user name in the subject line. If you can't scan it simply post the text here without any of your personal details.

On the bank charges, although the banks won the test case in the Supreme Court, one of our members won a case against Lloyds quite recently http://legalbeagles.info/beagle-wins-bank-charge-case/ so it may be possible that we could use the same legal arguments as a basis for defending the claim but it would depend on a number of factors and we'd need to look at the history of the charges in detail.

[RtoR]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Hopefully posting Claim form

[EXC]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Thanks.

So the origin of the debt is only the current account.

I'm sure Amethyst can clarify what to do next in terms of responding to the claim.

Can you remember over what period you were getting hit with bank charges?

[Amethyst]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Hiya xx Right you need to email Restons tomorrow and ask for an extension - be aware that Cabot and Restons aren't likely to agree but we can have a go while we sort out the defence.


---------------------------------------------------------

Dear xxxxxxxxxxxxxxx

Claim Number: XXXXXX - Cabot Financial v RtoR

You will be aware that I have requested further information from your client regarding their claim No XXXXX relating to a debt allegedly previously owed to Lloyds Bank Plc.

As I am yet to receive any information from your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension in writing.

Considering the current deadline for submission is the 20th December 2014 I would appreciate a response by return.

Kind regards

XXXXXXXX

----------------------------------------------------



Note to me: add to defence CPR 22 ref statement of truth signature
Also account opened in 1993

[Amethyst]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

You also need to send a Subject Access Request to Lloyds and a CPR request to Cabot - we'll send that to Cabot rather than Restons as we should have done it a few weeks ago really.

So.

SAR to Lloyds will cost you £10 - this will get you transaction lists, screen notes etc about your account and any agreements, terms etc relating to your accounts with them. Might also show up any PPI or card protection type bits, so it's worth doing anyway.
---------------------------------------------------------------------------------------------------------------------------

17 December 2014

Data Controller
Lloyds Bank Plc
25 GRESHAM STREET
LONDON
EC2V 7HN


FAO: The Data Controller

SUBJECT ACCESS REQUEST - Data Protection Act 1980
Mr/s XXXXXXX xxxxxxx XXXXXX - Address: xx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx x
Former Address: xxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

ACCOUNT NUMBER(s): xxxxxxxxx (or multiple numbers if more than one account)

I formally request that you forward me a true record of any Data held by your organisation relating to myself for the complete term of any account(s).

I am aware this request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.

I would be grateful if you would provide the following: -

• Full copies of all contracts which you believe exist between myself and your organization, including copies of any documents you hold in support of same.
• Full copies of any transaction lists, screen notes, call recordings you may hold.
• Copies of any and all terms and conditions which relate to any accounts I have held with you as at inception or as may have been varied.

• Details of the identity of any individuals or organizations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual , organisation or third party.

• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

• Your registration number with the Information Commissioners Office.

• Your Consumer Credit License number.

I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested , securely and in legible condition.

Yours faithfully,


(signature)


(name)

------------------------------------------------------------------------------------------------------------

[Amethyst]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

And a CPR request to CABOT


----------------------------------------------------------

Your name
your address


7th December 2014

CABOT FINANCIAL (UK) LTD
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
ME19 4UA


Dear Sirs

Claim No. XxXxXx

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves for the sum of £13298 .76 which you allege is owed under a contract between myself and Lloyds Bank. I have acknowledged receipt of the claim indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case. There is very little information included in your claim however I would be grateful if you could send me a copy of the contract you mention, along with the assignment notice.

If you do have additional information regarding this account, such as details of how the amount claimed has been calculated, so I may assess any liability I may have to yourselves please forward to me as soon as possible.

I look forward to hearing from you.

Kind regards

RtoR


----------------------------------------------------------------------------------------

[RtoR]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Thank you so much Amethyst, you are very helpful. Do these requests need to be sent by post or will email suffice. With regards to SAR, do I need to sign this by hand as I really prefer not to. I suppose postal order will do for £10 SAR fee.

[Amethyst]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Yes you do need to sign it, and by post is best Except for the extension request - thats email to Restons.

Why don't you want to sign it?

Yes Postal Order would be fine xx

We need to do defence in next couple days if they don't agree to extension so shout once you've got those letters and email etc off and we can start getting that together.

[Amethyst]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

example bank charges defence to give you an idea of the info needed and arguments ......

----------------------------------------------------------------------------------------

1: The Defendant received the claim [Claim Number] from the Northampton County Court on [Date you received the claim]

3: This claim is for a debt resulting from a Current Account agreement with Lloyds Bank Plc.

3: It is denied the Defendant is indebted to the Claimants as claimed or at all.

4. The Defendant contends that the claim is Statute Barred by virtue of the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

5: The Defendant also contends that terms of the agreement between herself and Lloyds Bank Plc were unfair pursuant to the Unfair Terms in Consumer Contracts Regulations 1999.

6: It is admitted that the Defendant held a Current Account with Lloyds Bank from around XXXXXXX

5. The Current Account had an overdraft limit of £1500

6. The Defendant suffered from a period of financial difficulty in the Summer of 2007 .................???????????? .... and subsequently incurred charges which sent her over her Overdraft Limit. In October 2007 alone Lloyds Bank applied over £230 in bank charges to the Defendants account.

7. The Defendant was prohibited from terminating the Agreement whilst she was overdrawn. Given the effect of the Relevant Charges in forcing the Defendant into a larger and larger overdraft (with or without prior authorisation), it was inevitable that she could not terminate the agreement, and was bound to any changes in charging structures the bank chose to impose on the account.

8. The last payments made into the account were in October 2007 when the Defendant stopped putting income into the account as it was being swallowed up by the charges and fees being added to the account and she was left in a position of extreme financial difficulty.

9. The situation continued until January 2008 when Lloyds Bank sent a formal demand for payment of the overdraft to the Defendant.

10. This was followed on January 25th 2008 when Lloyds Bank wrote to the Defendant informing them that they had blocked all facilities on the account to prevent the balance from increasing. [exhibit A]

11. The balance on the account at that point was approximately £3200 and the Defendant was in dispute with Lloyds Bank Plc over the charges and fees being applied to the account as she considered the charges to be unfair. The Defendant reasonably thought the account was closed from that point and their would be no more charges added to the account nor further transactions processed.

12. Despite the 'block' on the account and the disputed charges the Bank continued to allow Direct Debits to be called for from the account each month which simply served to incur more charges which continued despite the Bank having blocked the Defendants access to the account.

13 The Defendant has had no contact with Lloyds Bank Plc, or the Claimant in this case, since at the latest, April 2008.

14. The Claimant is claiming £8500 yet the Claimants have not provided the Defendant with any information showing how that sum has been calculated.

15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed, that they have the right to claim, and that it is not time barred under s.5 Limitations Act 1980.

16. The Claimants statement of case states that the account was assigned from Lloyds Bank Plc to Lowell on 21.07.11. The Defendant does not recall receiving notice of this assignment.

17: On the [Date] the Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. The Defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

18. [Claimant's Solicitor] has not sent any of these documents. The Defendant requires a copy of the agreement and terms and conditions applicable to the account to assess her position with regards the charges and fees disputed and with regards how the account sum has increased since January 2008.

19. In order to try and find out more information regarding the operation of the account the Defendant has sent a Subject Access Request under the Data Protection Act to Lloyds Bank Plc to obtain copies of agreements and transaction lists applicable to the account. The request was sent on DATE and the Data Controller of Lloyds Bank Plc has 40 days to respond to the Defendant with all relevant information. Once this information is received the Claimant may further add to or amend her defence.

20. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

21. The Claimant request the court orders the Claimants to provide the necessary documentation in order for her to fully plead her case, that being the Agreement, the Terms of the Account at inception and as varied, the Assignment Notice, the Default Notice and a full statement of the account, else the Claim should stand struck out.

22. In the event that the relevant documents are received from the Claimants the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[RtoR]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Thank you EXC for your help. Bank charges were probably excessive from 2000 onwards, right through to the very end. Not sure about pre-2000 but it was probably not so bad. But I don't have any statements to prove this. I have two separate defaults with relation to this account in my credit report, one by Lloyds and one by Cabot in December 2010.

[RtoR]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Signing it is probably just paranoia ))

[RtoR]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

I'll get moving with these letters and emails, thanks