Cabot/Restons claimform - Halifax OD 'debt'

[davetherave87]

Hi guys. I hope you all had a great Christmas! I was until I received a letter from the County Court Business Centre on December 24th

 

I have already located the form to fill out on here regarding the particulars, so I really hope someone out there can help. I will just get right down to it.

 

 

Name of the Claimant ? CABOT FINANCIAL

 

Date of issue – 22nd December 2014

 

Date of issue 22/12/14 + 19 days ( 5 day for service + 14 days to acknowledge) = 10/1/15 + 14 days to submit defence = 24/1/15 (33 days in total) -

 

What is the claim for

– The claimant claims payment of the overdue balance due from the defendant

under a contract between the defendant and Bank of Scotland dated on or about March 02 2006 and

assigned to the claimant on Oct 02 2012 in the sum of £1500

What is the value of the claim? £1500

 

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

 

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

 

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. Debt purchase issued claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I did receive Letter from HFX telling me all assigned rights are now Cabots (it wasnt letter headed as Notice of assignment though) .

 

Did you receive a Default Notice from the original creditor? I remember a DEFAULT NOTICE SERVED letter from HFX in 2010.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? I was on a fee charging DMP for years, decided to try and negotiate myself after loss of job with a monthly token payment, never had a response. My financial situation worsened, got scared and stop communicating.

 

What was the date of your last payment? Aug 2013 (According to Credit Report

 

Was there a dispute with the original creditor that remains unresolved? I had previously wrote a letter to get numerous £35 charges removed. This was sometime ago and cant find the original letter I sent. Since then my financial situation has taken a massive downward spiral. Other than that I really cant remember anymore

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? As above I did enter onto a fee paying DMP but this account is largely made up of very high penalty charges (not including overdraft fees)

 

I have registered with MCOL and got to the stage where I can see the claim against me, but not sure what to do next.

 

It was a current account with an overdraft so I am aware CCA is no option?

 

I owe various creditors and have been considering a DRO as the total (including this debt) falls just short of 15k.

 

I have to admit, I got scared when the letter came through the door with the court claim stamp on it,

it wasn't personally delivered however, just came via the postman.

 

HELP and thanks in advance.

[dx100uk]

ack the claim defend all

leave juris unticked

 

 

get a CPR 31:14 from the legal library off to restons

 

 

though I expect they'll blank you

with their usual letter.

 

 

is this on your credit file

 

 

when was YOUR last use of it please

 

 

dx

[davetherave87]

Hi DX

 

Many thanks for your response. I noticed you had given me some sound advice in the past so once again thank you for assisting me this time also.

 

I can confirm this debt is listed on my credit file as Cabot,

 

 

the last form of activity on this account was a £5 payment ( under a dmp payment arrangement ) made in Aug 2013.

 

I have not actually 'used' this account for at least 5 years now.

 

I will get a CPR31.14 for 'current accounts' sent off to Restons tomorrow.

 

 

Based on all of the above, there is nothing specific I have to include is there?

[dx100uk]

shame you got spoofed into that fee paying DMP

you can do it for free yourself!!

 

 

who's it with?

 

 

dx

[davetherave87]

DX, I know, i opened my eyes to Consumer Action Group after two years of being on Gregory Pennington!

 

I felt sick to my stomach!

[dx100uk]

oh god not the penny pinching brigade.

as a side issue, I'd be sar'ing them at some point.

 

 

dx

[davetherave87]

oh god not the penny pinching brigade.

as a side issue, I'd be sar'ing them at some point.

 

 

dx

 

dx,

 

SAR'ing GP is something I have never thought to do, what could this lead to possibly? I can't claim back, can I ?

[dx100uk]

you can if you got done over

 

 

there have been 3 cases to my knowledge already

 

 

see the Debt Management Plan Companies forum

 

 

and the stickies at the top

two other companies have been fined too for mis management.

 

 

for now mind

 

 

this claim is your major focus.

 

 

dx

[davetherave87]

Hi there. Just a quick update. Restons have signed for and received my CPR request on 04/01/15.

 

What should I expect back, a fob off?

 

I guess the facility agreement is the key here is it not?

 

Regards

[davetherave87]

Hi there, today I have received Restons first response to the CPR request.

 

No signature on the request, so they are simply disregarding the request?

 

I have attached PDF.

 

Regards

[dx100uk]

yep usual rubbish designed to frustrate defendants

[davetherave87]

Cheers DX, what would be my next move? This is a first time for me so do I continue letter tennis with them?

 

Are they obligated to provide me with said documents under CPR request if they intend to rely on them in court?

[dx100uk]

nope you sit on your hands

they CANNOT ignore the CCA request.

 

 

you'll prob end up filing the no papework/holding defence

 

 

whatever they do/say

you do not miss your filing date

 

 

there are lots of rectum threads here and in

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

the more you read the better

 

 

dx

[davetherave87]

I did have a read on other threads DX, my only question is that this is a current account with overdraft.

 

Facility agreement would be the concern here I guess?

 

The request I made was a CPR 31.14 as opposed to a CCA which from what I understand would only be valid on Credit Cards or Loans?

[dx100uk]

sorry yes

I was on a small screen.

 

 

they've tried to pull this stunt before on bank account claims

and have latterly discontinued or the claim has been stayed.

 

 

dx

[davetherave87]

Ok DX thanks,

 

Just going by the dates, from the initial post, 24th Jan would be the final defence filing date, but that would be a Saturday, so I am guessing I would have to file a no paperwork/holding defence on the Friday 23rd, no later than 5pm?

 

Regards.

[davetherave87]

Can someone please confirm or point me in the right direction in which to proceed.

 

I have been searching the forums for various draft defences regarding no paperwork/holding.

 

But I also know that a good chunk of this balance came from £35 penalty charges, I dont have the historic statements, so I would have no way of proving this at this point in time, so close to final defence date.

 

Does anyone have any thoughts? Can someone also confirm just for my own peace of mind what the final date I have to submit defence by is.

 

Thanks in advance.

[dx100uk]

you cant at this stage use the charges ,

 

 

yes 4 pm Friday 23rd.

 

 

defence basics are in many threads in this forum or

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[davetherave87]

Hi guys..

 

I have been looking on the forum for the past few days with regards to a template holding defence.

 

 

.. I have to file by this Friday and currently cant find anything to assist me and I'm stressing big time...

 

IS there anyone out there who has an up to date holding defence template to get me started...

 

thanks in advance

[dx100uk]

there are NO TEMPLATES

 

 

each is individual to the numbered paragraphs in YOUR POC

 

 

post 18 link refers to threads to read

 

 

use the red toolbar uptop and its CAG search box if you wish

 

 

type in

 

 

Cabot Restons claimform bank account OD 'debt'

 

 

have a go post it up

 

 

then we'll adapt it.

 

 

dx

[oleg]

By my calculation, I think your defence is due in 23.1 therefore needs to be submitted via mcol by *tomorrow* 4 p.m.

 

Dave scour the legal successes linked above. Rather than panic mode, calmly select one which appears close to your own scenario, adapt as necessary to suit, and post here for final checking.

[davetherave87]

By my calculation, I think your defence is due in 23.1 therefore needs to be submitted via mcol by *tomorrow* 4 p.m.

 

Dave scour the legal successes linked above. Rather than panic mode, calmly select one which appears close to your own scenario, adapt as necessary to suit, and post here for final checking.

 

 

I thought, as did DX that my defence should be in by 4pm tomorrow (Friday 23rd)

 

I have no numbered paragraphs on the P.O.C's it was just wrote as a block in the claim form. im confused.

[Andyorch]

Particulars of Claim (for reference only)

 

1.The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Bank of Scotland dated on or about March 02 2006

 

2. and assigned to the claimant on Oct 02 2012 in the sum of £1500

 

You number them yourself to assist with your numbered responses of your defence

[oleg]

Should still be ok to submit up to 4 p.m. Fri if can't complete today. Date error was due to misunderstanding about whether Christmas was included in the count.

[davetherave87]

I can only assume that my defence should only refer to the two particulars listed in the claim. However, the defence which has been ammended to suit, reflects the situation quite perfectly....

 

 

 

PARTICULARS:

 

1. The claimant claims payment of the overdue balance due from the defendant

under a contract between the defendant and Bank of Scotland icon dated on or about March 02 2006

 

2. and assigned to the claimant on Oct 02 2012 in the sum of £1500

 

 

 

 

DEFENCE:

 

1. It is admitted that the defendant held an account with Bank Of Scotland.

 

2. The defendant refutes that the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 4th of January 2015. The Claimant has failed to comply with this request.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

Out of all of this, what elements can I no longer use? Am I right in thinking I can no longer use the penalty charges part or quite simply put, have I included far too much.

 

Basically It is admitted I held an account with Hfx BOS.... i dont remember ever getting a written notice of account sale from BOS to CABOT.... the claim does consist of multiple excessive charges... they signed for the CPR request and totally ignored it....

 

So based on the above, how to I condense that into just two particulars...

 

 

I am so so sorry guys, I thought I would be able to handle the pressure, but I am struggling here....