Cabot and Restons solicitors Halifax debt gone to CCJ

[akasha691]

Hi, really hope you can help,

 

 

background first -

 

I had a loan account with Halifax until I met my now husband,

he joined it and became a joint account,

 

 

Halifax gave us a very large overdraft of £4,600 (we were both earning well),

and we had a credit card each, plus a loan through RBS.

 

 

However Easter 2011 Halifax withdrew our overdraft with just a letter,

it had been okayed in the February when they looked at it, and without out warning it was gone,

it left us with a £4,600 debt overnight,

 

 

we were getting married in the October, so we decided to remove all of our money from the bank and move to Nationwide,

and have not had credit from anywhere since, by choice.

 

 

They tried several credit companies to get the money out of us,

and since then at some point i did the CCA on them, cant recall when.

 

 

Heard nothing from them about the overdraft account, or the 2 credit cards,

get an annual statement for the loan, and a statement for another account i had with them.

 

 

out of the blue I received a claim form from Cabot and admit i ignored it, as I had all other letters,

I have never had a letter from Cabot saying they bought the debt,

just this claim form,

 

 

have had another letter come, which I cant find now!

 

 

saying it went against me in court and I have to pay £85 by 05/01 or else,

they say they can enforce me, I assume send bailiffs round, which i want to avoid,

 

 

we dont have anything to that value.

 

 

first what do i do, and 2nd

i have noticed the debt, doesnt say what its for, just an amount,

if its my credit cards I didnt think it was this high,

if its the overdraft then its a joint account

why arent they going after my hubby as well.

can anyone help me please,

 

 

i have had my head in the sand a bit,

my hubby has aspergers so is unable to help me, and feeling a bit overwhelmed by it all

[fkofilee]

Chill out... If it has gone to CCJ then its a further process to enforce it, now that you are aware its better

 

Ring the court tomorrow first thing, get as much info as you can

Then we can decide your next steps.

 

Find out where the judgement was made and when...

 

CCA Requests for Overdrafts dont work

[akasha691]

ok thanks, just panicking, and been stressing over Xmas about it, had the letter about 3 weeks ago, god knows where I put it. I'll ring tomorrow and let everyone know, thanks for your help

[akasha691]

no the CCA request was for the credit cards, I just dont know what the CCJ is for, it just says Halifax, doesnt say what part or what I owe

[fkofilee]

Once you have found out as much info as you can, please fill this out;

 

You have received a claim form

 

In order for us to help you we require the following information:-

 

Name of the Claimant ?

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

What is the value of the claim?

 

Is the claim for a current or credit/loan account or mobile phone account?

 

When did you enter into the original agreement before or after 2007?

 

Has the claim been issued by the original creditor or was the account 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?

 

Did you receive a Default Notice from the original creditor?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments?

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

[fkofilee]

Dont speculate now, speak to the court... and fill the above out.

 

CCA for Credit Cards which is good, however right now as its gone to CCJ then this may not be very good for fighting.

Speak to the courts tomorrow, have a good nights rest. Dont let the bullys beat you.

[dx100uk]

best course of action is to file N244 variation order

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice

 

 

nothing much else you can do.

 

 

there is a fee too.

 

 

................

 

 

pop up on your credit file [try noddle below]

 

 

see if the CCJ has been registered yet

 

 

if it has get the number

phone northants and ask for a copy of it.

 

if it don't show. you'll need the claim number from cabot letter.

 

 

dx

[fkofilee]

Please follow DXs advice, they are more versed in dealing with this.

[dx100uk]

if you still have the claimform then it wont hurt to fill this link out

and post the results here..

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[Guest]

is the 85£ an instalment re an instalment order? if so, then app'n to vary the instalment amount is via form N245

or is the whole judgment for 85? if so, and can pay it within 4 weeks of the judgment then it wont appear on records.

[akasha691]

Once you have found out as much info as you can, please fill this out;

 

You have received a claim form - no done the claim form bit, now have a decision from a court which went against me, they want payment by 05/01

In order for us to help you we require the following information:-

 

Date of Claim: 11/11/2014

 

 

Name of the Claimant ? Cabot financial Uk Ltd

 

What is the claim for – . – (its an overdraft)

the claimant claims paymwnt of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Halifax

– current account dated on or about april 28 2001 and assigned to the claimant on jul 18 2014 in the sum of #4716.14

Particulars a/c no ............[15 digits]

 

What is the value of the claim? £4716.14

Is the claim for a current or credit/loan account or mobile phone account? No, unpaid overdraft

When did you enter into the original agreement before or after 2007?

Acct was opened before but overdraft was prob after.

Never signed for overdraft was done either over the phone or online

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. No original is Halifax, this is Cabot

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

Did you receive a Default Notice from the original creditor? No just bank statements saying your overdraft owed is this, interest this year is this

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

no, I don’t think so,

we do from the loan people

but not from the bank about the overdraft,

the account is still open as well, as is our savings account

 

Why did you cease payments?

Halifax withdrew our overdraft without warning Easter 2011,

we had no money to pay,

they threatened to take money from our other accounts

so we took all our money and moved to a different bank.

 

What was the date of your last payment?

Unknown but was never paid off every month, wages went in, covered a bi,

then bills came out, put as back to the £4,600, never went over

 

Was there a dispute with the original creditor that remains unresolved?

I did complain I was basically told tough, that overdrafts are short term.

I did this al over the phone, I was organising a wedding at the time so don’t really remember

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

We did speak about the fact we had no money at the time, didn’t do a debt plan, just walked away.

 

 

hope this helps,

they also have not issued this to my hubby,

he is named on the account as well

[akasha691]

its an installment amount they want monthly! wish i had it lol -

[Guest]

its an installment amount they want monthly! wish i had it lol -

 

 

in that case, presuming then there is an inst order, then it wld be form n245 (not 244) to apply to vary (reduce) the instalment amount to pay, if thats what you want to do.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf

[dx100uk]

thanks ford

 

 

now we know after that info ta.

 

 

dx

[Guest]

you say that you never received any notice of assignment?

in which case maybe a poss chance for a set aside? afaik a buyer cant make a claim without such notice being given prior. and a notice cant be accepted in rectification after claim issue?

[dx100uk]

its a real shame your did not defend the claimform.

 

 

dx

[akasha691]

yes do regret it now, had a very stressful year and it was just the bit too much on the top to deal with it.

[akasha691]

i suppose my only option is to pay, i do want to reduce, am assuming halifax will use cabot to get the credit cards and loan back as well, and if one is £85 its unrealistic, £85 for all a month is something maybe. so I fill the form in and then send it off, I suppose they will want my financial details, just mine because its my debt?

[dx100uk]

what was the date of the claimform [top right]

[dx100uk]

get an sar off to haliprats

and get all the details for all your accounts with them

might prove useful!!

 

 

dx

[dx100uk]

i suppose my only option is to pay,

i do want to reduce,

am assuming halifax will use cabot to get the credit cards and loan back as well,

and if one is £85 its unrealistic,

£85 for all a month is something maybe.

 

 

so I fill the form in and then send it off,

 

 

I suppose they will want my financial details,

just mine because its my debt?

 

 

 

 

correct

 

 

but I'd do a bit of info gathering first

 

 

dx

[Ganymede]

i suppose my only option is to pay, i do want to reduce, am assuming halifax will use cabot to get the credit cards and loan back as well, and if one is £85 its unrealistic, £85 for all a month is something maybe. so I fill the form in and then send it off, I suppose they will want my financial details, just mine because its my debt?

 

Hi, you said that this was a joint account with your partner? Is he named on the claim form or just you?

[akasha691]

Claim form date is 11/11/14

[akasha691]

do i need to say i have now married, account is in maiden name