Urgent please help needed with DCA and court proceedings YORKSHIRE BANK / CABOT

[Tk38]

Hi,

 

I had an overdraft with the Yorkshire Bank who messed around with it for ages before finally deciding to accept my £1 pm for the debt. As soon as they decided to accept the 'assigned' the debt to CABOT. They sent a letter informing me and I phoned them (stupid mistake I know) to explain my situation that I have been ill for some time and could not work due to this but would continue to pay the £1 pm until and if my circumstances changed. They immediately said no and it was passed to the litigation team.

 

I still continued to pay the money despite them saying no. Then out of the blue they decided to send me 'online Northampton County Court' papers which I have to send by tomorrow (I have been very ill hence the late reply)...

 

I never received a default letter from the Yorkshire Bank and not sure if I should have been? The DCA have now added court charges and solicitors fee (they use their own in house solicitor) so the debt is £4502 instead of £4337 (this is with charges from the bank before I closed the account)..

 

I have a house I live in and they know that so they are obviously after the CCJ and then if I fail to pay they get a charge on the property. I dont know what to do about it all? I want to write a letter to CABOT to try and stop the court proceedings but I am out of my depth and dont know what to say in the letter or how to prepare it all?

 

Is there anyway I can stop this?

Can I try and do an out of court settlement for a lower amount (borrow money off a relative if needed)?

Can they take me to court without the original creditor (Yorkshire Bank) issuing me a default notice?

What can I write in my letter that will make me look like I know what I am talking about and help my case? Template letter or a letter one of you have done if had dealings with Yorkshire and CABOT?

 

Please help!

[Sidewinder]

Are you able to reproduce here the exact Particulars of Claim (with any personal info excluded of course)?

[rebel11]

Thread moved to legal issues.

[gordies]

What date is on the claim paperwork? Need to know this as it may buy you some more time.

[BankFodder]

Yes, can you give us some idea of the chronology here. You really don't give us any idea of the time-scales here.

 

You had a debt - when

They messed around with it - how

They accepted a £1 per month payment - when

You kept up the payments but despite this they sent it to Cabot - confirm this

You received a claim form - when and dated when

[dx100uk]

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[Tk38]

OK... will scan and copy relevant paperwork but in the mean time... (and thank you)

 

Yorkshire Bank overdraft originally £5000 June 2010.

 

Yorkshire Bank informed that they would be lowering by £70pm due to less money going into my account!- unable to keep up with payments due to ill health and several operations for back an tumours.

 

December 2010 I informed them I was in financial difficulties and asked for there help... didnt even bother.

 

Keep lowering my overdraft £70pm.

 

Contacted CCCS - December 2010

 

I wrote to the bank early this year and gave them CCCS details and started to pay £1pm which they wouldnt accept and kept adding charges on for the overdraft / signature account payments / interest / DD returned.

 

I wrote to them explaining my health issues, etc and that I could no longer afford to pay my overdraft and credit card as I could no longer work.

 

They replied to me about 3 weeks later and then wrote to me again saying that I needed to write to them to close my account after months of charging me.

 

I did that and they stopped the charges and decided in August to accept the £1pm. Did not receive a default letter for my overdraft from Yorkshire Bank but I did my CC account?

 

October they 'assigned' CABOT to this debt and my cc debt with them.

 

Spoke to CABOT who said they would not accept my £1pm payment and litigation team would be in touch. I didnt hear anything until November from MORGAN solicitors stating my account was in default and the full amount is now outstanding.

 

December 6th Northampton County Court Claim form for the amount of £4337.75, court fee £85, solicitor fee £80 total £4502.57

 

It's dated 2nd December 2011, 5 days from that date to arrive and 14 days after to respond.

 

CC account with CABOT £11710.98 they have just wrote to me at the end of November asking me to get in touch urgently!

[gordies]

OK... will scan and copy relevant paperwork but in the mean time... (and thank you)

 

 

 

Yorkshire Bank overdraft originally £5000 June 2010.

 

 

 

Yorkshire Bank informed that they would be lowering by £70pm due to less money going into my account!- unable to keep up with payments due to ill health and several operations for back an tumours.

 

 

 

December 2010 I informed them I was in financial difficulties and asked for there help... didnt even bother.

 

 

 

Keep lowering my overdraft £70pm.

 

 

 

Contacted CCCS - December 2010

 

 

 

I wrote to the bank early this year and gave them CCCS details and started to pay £1pm which they wouldnt accept and kept adding charges on for the overdraft / signature account payments / interest / DD returned.

 

 

 

I wrote to them explaining my health issues, etc and that I could no longer afford to pay my overdraft and credit card as I could no longer work.

 

 

 

They replied to me about 3 weeks later and then wrote to me again saying that I needed to write to them to close my account after months of charging me.

 

 

 

I did that and they stopped the charges and decided in August to accept the £1pm. Did not receive a default letter for my overdraft from Yorkshire Bank but I did my CC account?

 

 

 

October they 'assigned' CABOT to this debt and my cc debt with them.

 

 

 

Spoke to CABOT who said they would not accept my £1pm payment and litigation team would be in touch. I didnt hear anything until November from MORGAN solicitors stating my account was in default and the full amount is now outstanding.

 

 

 

December 6th Northampton County Court Claim form for the amount of £4337.75, court fee £85, solicitor fee £80 total £4502.57

 

 

 

It's dated 2nd December 2011, 5 days from that date to arrive and 14 days after to respond.

 

 

 

CC account with CABOT £11710.98 they have just wrote to me at the end of November asking me to get in touch urgently!

 

 

 

 

Good. So you can just acknowledge for now and give yourself another 14 days to submit defence.

 

Plenty of people on here who will help further.

[BankFodder]

Thanks.

 

For the moment, respond to the claim by filing an acknowledgement. Do it on Monday as a matter of urgency. Do it by fax if you at all can and confirm in writing - unless they have given you a computer access code and you can do it on line.

 

That will get you 14days respite to file a defence.

 

I can't remember if the timescale for filing a defence is working days or business days. Can you check it up with the court please.

 

Then I'd like to know more about the acceptance of the £1 per month. Clearly your repayments can't go on like that and they should be higher but for the moment, if they have accepted that then it is unfair of them to assign your debt to a third party without discussing with you. Plus they have a duty anyway to discuss your position with you and to try and find a way forward. It seems that they haven't done that. Is that right?

 

I understand that you have written evidence that they accepted £1 per month

That you honoured the agreement

That they broke their part of the agreement by sending the debt to an agency

That they have failed or refused to discuss your problems with you

 

Is that all correct?

 

I will probably have to deal with more of this tomorrow or Monday/Tuesday so monitor the thread

[BankFodder]

I just noticed that they keep lowering your OD limit. What effect is this having. Does this mean that the size of your unauthorised overdraft is getting larger each month?

[Tk38]

The lowering of the OD is what caved me in to be honest as I didnt have that extra money but they kept increasing in the first place without me asking and the decreasing it also without asking!

 

I have tried to attach all the files but I am not the most PC friendly person and seem to be struggling...

 

I have written confirmation from Yorkshire Bank. Yes. They asked me to close my account in writing after messing me about for months. I did that which is why I think they sold it on.. ??? Can they do that if they have an agreement wit you? Also, without the default letter?

 

I am also concerned that they will send out court papers for the CC as well as they where both sold at the same time from the Yorkshire Bank. I did want to try and do a full and final settlement of the debts with borrowed money from a relative and offer them a very low amount... But, now they have the court papers I dont think I can do that? I refuse to pay them for the full amount knowing they bought for approx 6p -10p to the £....

 

I have tried to attach all the letters that they sent from the Yorkshire which, included that letter plus others regarding my letter of complaint that they just sent a pathetic untrue reply back.

 

I have also attached ? the Cabot letters and Morgan solicitors and the court papers.

 

So, if I send acknowledgement then that gives me 14 more days is that right bankfodder? I can fax it and I can also get a code online to file it and will get my mum to post recorded delivery tomorrow. Will ring the court and ask the time scale if working days.

 

I will do first thing tomorrow and be online following your advice .. thank you so much for your quick response.

[BankFodder]

Please will you spend some time reading and understanding the principle of estoppel

[Tk38]

Hi,

 

Just an up date. I am looking into estoppel as requested and will publish everything as I go along and anyone with an understanding of this would be a great help.

 

I have all the paperwork relating to this case and will publish it when I can work out how to send multi page PDF. Dx can you help me with this please? I tried to do what you said last night following your instructions but it didn't work! Id really appreciate if you could explain it and go through it with me please?

 

You will see as I update everything and attach the paperwork that there are many floors with the Yorkshire Bank which when all is able to be discussed will help a lot of people in the same or similar situations.

 

Also would appreciate if anyone knows more about DCA and property? They have issued the court papers online and I will attach so you can see what's going on but if there is anyone who has been in this position with a property can help me know my rights or give advice on what they can do I would be most grateful.

 

I am posting an new thread for the same bank and DCA but with the credit card I have with them and again any advice would be greatly received.

[dx100uk]

the pdf way does work

what are you stuck on

 

dx

[Tk38]

dx,

 

I scanned the paperwork last night which ended up in a word document, clicked go advanced, attached each letter in add files and then the inline and send button but it didn't work.

 

I have no doubt it is my lack of pc skills... How do I send a multi page PDF? My printer/scanner doesn't have pdf and I cant safe as pdf when I scan the documents! If you can go through it with me id really appreciate it.

[dx100uk]

as in the guide

scan to jpg not word doc

 

then follow the guide

 

dx

[Tk38]

Hi,

 

I have been quiet on here while getting help via the consumer action group in the Yorkshire Bank court case which has now been sent back to the court with my defence for my Yorkshire Bank overdraft. I will update on this when I hear any further news. I have used the laws that Bankfodder has recently put up on the site.

 

I now have an issue with my Yorkshire Bank credit card.

Yorkshire bank sold my debt to Cabot/ Morgan before the 3 months agreement of accepting my £1 per month was up.

The debt is for £11710.98

I have written to the Yorkshire Bank (as advised) expressing my concerns that they have been unlawful and failed to treat their customers fairly as per the 2009 law.

I received a response which basically said that they have investigated and they are well within their rights to sell the debt on, etc...

I advised Cabot the week of Christmas that I would contact them the first week of January. We are now in this week and I really done know what to say to Cabot to stop any court proceedings being made against me (like they have the overdraft)?

I have continued to pay £1 per month throughout and I know they will not accept this any longer but I am unable to afford much more.

I wonder if there is anyone would can help me with this and advise what I should do next with regard to contacting Cabot?

[cymruambyth]

When does the cc date from? Have you sent a CCA request to Cabot for a copy of your agreement?

[BankFodder]

Hi,

 

I have been quiet on here while getting help via the consumer action group in the Yorkshire Bank court case which has now been sent back to the court with my defence for my Yorkshire Bank overdraft. I will update on this when I hear any further news. I have used the laws that Bankfodder has recently put up on the site.

 

I now have an issue with my Yorkshire Bank credit card.

Yorkshire bank sold my debt to Cabot/ Morgan before the 3 months agreement of accepting my £1 per month was up.

The debt is for £11710.98

I have written to the Yorkshire Bank (as advised) expressing my concerns that they have been unlawful and failed to treat their customers fairly as per the 2009 law.

I received a response which basically said that they have investigated and they are well within their rights to sell the debt on, etc...

I advised Cabot the week of Christmas that I would contact them the first week of January. We are now in this week and I really done know what to say to Cabot to stop any court proceedings being made against me (like they have the overdraft)?

I have continued to pay £1 per month throughout and I know they will not accept this any longer but I am unable to afford much more.

I wonder if there is anyone would can help me with this and advise what I should do next with regard to contacting Cabot?

Please will you start this in a separate thread and we'll deal with it there.

[Tk38]

Can you tell me how I start a new thread as I do not know how to do it please?

[BankFodder]

Try this

http://www.consumeractiongroup.co.uk/forum/content.php?114-How-do-I-post-my-story-on-the-Consumer-Action-Group-forum

[Tk38]

OK.. Have posted it in a new thread..

[Tk38]

A quick update on the Yorkshire Bank / Cabot / Morgan court case.

 

I filed a defence to the court on the 3rd January and I have today received a letter from the court acknowledging receipt of my defence.

 

A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

Will now wait for the 28 days and 5 days? to reach the claimant and see what happens.

 

I was reading a case going back to 2007 on here in regard to Egg and even though nothing was done and the claimant did not respond in the 28 days, they did however contact the creditor a year later with a different DCA demanding payment!

 

I am unsure as to what happens after the 28 days but it seems that they can then start harassing you again when they feel like it? Maybe the law has changed slightly with this? I am going to try and read some further up to date cases like mine but would appreciate if anyone has been in this position to let me know what happened to them.

[bjoh69]

can a dca pass a debt on to another dca

[BankFodder]

I think that if they start harassing again after a stay, it would point to an unfair relationship