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  1. Dear all, On Friday the 29th April I received a claim from Cabot/ Weightmanns lodged through the County Court Business Centre in Northampton. The claim relates to an old disputed overdraft. I am in a bit of a state and would greatly appreciate some guidance as the best way to defend against this claim. Please see below for details Name of the Claimant ? "Cabot Financial UK Limited" **Weightmanns LLP Date of issue – 24 April 2015 What is the claim for – "1. The defendant entered into a credit agreement described by the original creditor as XXXX- CURRENT ACCOUNT and having account number XXXXX ("the account") 2. The claimant a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account. 3. The defendant is indebted to the claimant in respect of the amount of £2500 4. The claimant claims the said sum plus costs." What is the value of the claim? £2500 plus costs The claim is for a current account (Overdraft) When did you enter into the original agreement before or after 2007? The account was entered into circa 2001 The account is assigned and it is the Debt purchaser who has issued the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? I didn't receive a notice of assignment but Cabot registered the same OD debt as a "default" in Aug 2014. They then sent me a spurious "statement of accounts" and letters relating to my "account" with them. Did you receive a Default Notice from the original creditor? not to my knowledge Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Dormant student overdraft, the bulk of balance was made up of overdraft charges *I wasn't receiving correspondence at the time* and the account went into arrears. Disputed with bank, as I was unemployed at that time and I felt the volume of charges was unfair. What was the date of your last payment? Circa late 2009 Was there a dispute with the original creditor that remains unresolved? YES Did you communicate any financial problems to the original creditor and make any attempt to enter into a DM plan? Yes the bank put me into debt management plan without my knowledge, I attempted to reclaim charges at the time and communicated my personal financial difficulties. Bank put my AC into arrears and closed it in 2010. Many thanks for an advice, it's hugely appreciated.
  2. Hi there, New posting here. Firstly, I hope I'm in the right place for this and if not would someone please let me know? I am discussing this on behalf of my wife who has today received a court summons for a debt accrued under Vanquis Bank, now owned by Cabot Financial and they are suing via Weightmanns LLP, Liverpool. The total value of the debt (which includes their costs is just over £2900.00). Now, I recall my wife having some difficulty with Vanquis re a charge they administered to the account and there was some fallout, I don't know the exact facts and she's in such a state I can't find out. The long and short is, can anyone help / assist with this.... I know if there is a debt and it has been paid within 6 years then they have every right to go ahead and take you to court. I suppose what I am asking is there any way that we can prove they have not followed procedures, I know that she hasn't received mail from Weightmanns but has from Cabot but filed it suitably! If anyone can help we'd appreciate it. Cheers, C
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