Cabot/Restons -claimform - 2 merged First Direct 'debts'

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I've just received a claim form from Northampton for Cabot/Restons.

 

It's for a loan and credit card, according to the docs the loan was taken out in 2007 and the card in 2001.

 

Bit of background.

I was with PayPlan but couldn't keep up the repayments due to circumstances at home and owe money to at least 5 other creditors, probably around £36000.

Does the court take into account these creditors when working out what I have to pay?

 

What do I do about the claim, there looks like a way I can get 28 days to sort stuff out, but I'm confused.

 

Thanks.

[dx100uk]

Please fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Dx

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Claiment

Cabot Financial UK

 

Date of issue

01/09/2015

 

Particulars

The claiment claims payment of the overdue balances (set out below) which the Defendants(s) have failed to pay as required under contracts with the following particulars.

acc no XXXXX (loan) and

acc no XXXXX, (credit card) In Fact an Overdraft between the Defendants and First Direct dated on or about Jul 2007 and Aug 2001 respectively.

The contracts were assigned to the claimaint on Oct 2014 and Oct 2014 respectively.

 

PARTICULARS-

acc XXXX (loan)

acc XXXX (card)

Date

03/15 Default balance £6400 (loan)

03/15 Default balance £2700 (Overdraft)

 

What is the value of the claim?

£9800 (inc court and legal costs)

 

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

Loan and Overdraft

 

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

Current Account O/D ?, loans was in 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.

Purchased by Cabot and they're issuing the claim, Restons are their solicitors

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Can't remember

 

Did you receive a Default Notice from the original creditor?

Can't remember

 

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

Don't think so, but could be wrong

 

Why did you cease payments?

Wife lost her job

 

What was the date of your last payment?

Early 2014

 

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

No

 

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

Was with PayPlan since about 2009

Edited September 14, 2015 by Andyorch
Amended Card to Overdraft

[dx100uk]

great well done

 

 

ok go ack the claim.

defend all

leave juris unticked.

 

 

then get a CCA request for each running to the claimant

 

 

and a CPR running to rectums.

 

 

before you started with PP

there was no 6yrs gap of no use or payment on the card was there?

[bunkbed]

great well done

 

ok go ack the claim.

defend all

leave juris unticked.

 

then get a CCA request for each running to the claimant

 

and a CPR running to rectums.

 

before you started with PP

there was no 6yrs gap of no use or payment on the card was there?

 

Thanks.

 

There was no gap in payments.

 

great well done

 

ok go ack the claim.

defend all

leave juris unticked

 

then get a CCA request for each running to the claimant

and a CPR running to rectums

 

before you started with PP

there was no 6yrs gap of no use or payment on the card was there?

 

I presume I just need to send the CCA to Cabot and not my other creditors at this point?

 

Is MCOL a bit flakey.

 

I could sign-on earlier, but I can't now using the same details

[dx100uk]

Yes sometimes goes iffy

 

2xcca to Cabot yes

 

As for your other debts

You should have done that years ago!!

Before you started pp as they won't ever check paperwork!!

 

But these have no bearing on this speculative claim form..

 

Dx

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What "kind" of CPR?

 

I've seen an 18 or 31 type.

[dx100uk]

sri links not woeking

 

 

in the library legal section 31:14 credit card version.

 

 

dx

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All done thanks.

 

Does something different happen if the claim is over £10,000?

 

The legal costs are £100, is this a normal amount or is it lower to make sure the total claim is under £10k?

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I sent off the 2 CCA requests to Cabot.

 

For the loan one they've replied saying they don't have the paperwork etc.

 

For what I thought was the credit card one, they're saying that it's for an overdraft of a current account and looking at sort code and account number is does look like what my current account was with them, but.....

 

I never had an overdraft of this value, could First Direct have made a "payment" from the current account to pay the credit card off, so the debt is now an overdraft?

[dx100uk]

yes

 

 

1st direct are HSBC

 

 

HSBC had a habit of doing this

 

 

and there like debacle the 'managed loan'

[bunkbed]

yes

 

1st direct are HSBC

 

HSBC had a habit of doing this

 

and there like debacle the 'managed loan'

 

Is there any way round this?

 

As the loan and current account/credit card are both mentioned on the Particulars of Claim,

then if they can't produce the CCA for the loan, does that mean the whole claim will fail?

[Andyorch]

Is there any way round this?

 

As the loan and current account/credit card are both mentioned on the Particulars of Claim,

then if they can't produce the CCA for the loan, does that mean the whole claim will fail?

 

No but you will challenge them on what they refer to as a Credit Card...when in fact its an overdraft.

 

Regards

 

Andy

[bunkbed]

No but you will challenge them on what they refer to as a Credit Card...when in fact its an overdraft.

 

Regards

 

Andy

 

It's the other way round, it was a credit card, but they somehow transferred the balance onto my current account.

[dx100uk]

but the poc says credit card.

 

 

so they don't even know what they are going on about

 

 

they were hoping for a default non contested rubber stamped judgement

 

 

tough - you found CAG.

 

 

these are what we call speculative claims.

 

 

dx

[bunkbed]

but the poc says credit card.

 

 

so they don't even know what they are going on about

 

 

they were hoping for a default non contested rubber stamped judgement

 

 

tough - you found CAG.

 

 

these are what we call speculative claims.

 

 

dx

 

Sorry, I should have been clearer.

 

The POC just mentions account numbers, I assumed the £2700 debt was a credit card as that was about the balance when I was defaulted.

 

It's only after my CCA request was returned that I realised the account number was my old currenct account.

 

What happened was First Direct somehow transferred the credit card balance into the current account, this wasn't something I did.

 

The only confusing thing is the date for this on the POC, it mentions 2001, but I had the current account since the early 90's, the only thing that happened in 2001 was the account was a joint one I removed my ex-partner from it.

[bunkbed]

I've sent off a CCA request for the loan that's mentioned on the POC.

 

If this isn't returned in time then can I ask for the whole claim to be dismissed or can they continue with the "current account" by itself?

[Andyorch]

I doubt they will be able to comply with the CCA request......but no you cant ask for the claim to be dismissed...you simply challenge them by proceeding and lead them up the garden path.....they think its a credit card you know its an overdraft...so let them prove what they plead.

 

Regards

 

Andy

[bunkbed]

Update

 

The date to enter my defence is rapidly approaching.

 

Just to recap, Restons are trying to collect on 2 accounts.

 

 

1. A personal loan
   I sent off a CCA request to Cabot and got back the standard "we don't have the documents" letter and I haven't hard any more since.
   
2. An overdraft.
   This is a mixture of an overdraft and the balance of a credit card that First Direct somehow transferred from the card into the account account back in late 2008, at the time I never queried how/why they did this.
   I sent a CCA request, but as they're claiming against a current account it was returned.
   

I also sent a CPR 31-14 request to Restons, but this got returned saying they didn't need to respond to it as it was in the small claims stream.

If I submit a defence on the grounds of not receiving a CCA for the loan, what will happen the overdraft part of the claim?

[dx100uk]

Holding defence

 

Have a look in the dca legal successes forum off this one

 

Pick a merged debt one

 

Dx

[dx100uk]

Can you please type out the poc

Exactly as it appears on the claim form please

 

Dx

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Can you please type out the poc

Exactly as it appears on the claim form please

 

Dx

 

Hi

 

it's in the 3rd post in the thread

[dx100uk]

No you have added bits haven't you?

 

Dx

[bunkbed]

Sorry, here's the POC :-

 

1.The claimant claims payment of the overdue balances (set out below)

which the Defendants(s) have failed to pay as required under contracts with the following particulars.

acc no XXXXX (loan) and

acc no XXXXX, (overdraft)

between the Defendants and First Direct dated on or about Jul 2007 and Aug 2001 respectively.

The contracts were assigned to the claimant on Oct 2014 and Oct 2014 respectively.

 

PARTICULARS-

acc XXXX

acc XXXX

DATE ITEM VALUE

03/15 Default balance £6400 (loan)

03/15 Default balance £2700 (Overdraft)

Post Refrl CR NIL

 

TOTAL £9400

 

• The stuff in red is what I've added to show which is which, the values have the been changed so they won't add up
  
  

[dx100uk]

That's what I though the red bits were not there

 

Well then they have to produce enforceable paperwork for each debt else the claim will fail

 

They have not stated what the debts are

So neither you nor the court should assume anything till they do