Cabot/Shoosmiths claimform - Clydesdale Bank OD 'debt'

[mazbck]

Hi,

 

Can anyone help me with a wee problem with the above situation.

 

I had a CB overdraft and they suddenly closed the account approx 5 years ago,

my hubby had a loan and OD too, most of the debt on all 3 are made up of bank charges

and interest after they closed the accounts they also closed my hubby's accounts.

My hubby wasnt working at the time and the loans PPI kicked in.

 

 

He got well enough to take on part time work but it had too many hours for the PPI to continue.

We set up an affordable payment plan with the bank,

and the next thing we knew the debts had been sold/bought by Cabot.

 

Now Cabot decided we werent paying enough and wanted more.

We refused and carried on paying the amounts we could afford until our son took very ill and we had to look after him.

 

We were getting the occasional letters from Cabot

out of the blue Shoosmiths have turned round with a letter to say

my hubby's OD was now going to court and a week later court papers.

 

We filled in the papers and got them back to the court

with a covering letter saying we did not dispute the debt but we did dispute the amount.

All went quiet and

 

 

on the 17th Dec 2 letters from Shoosmith both with different dated but the same post mark date.

 

LETTER 1 - along the lines with you have not responded to original letter we will go to court today 06/01/2016

 

LETTER 2 - ok we agree to time to pay and fill in this I & E.

 

I wrote to Shoosmiths saying we have always disputed the amount but not the debt as most of the debt is made up of charges.

I told them my hubby had been recently made redundant and that I was very ill myself which is true

and offered them an amount we can afford.

 

 

I also pointed out along with copies of the envelopes and the letters of how can we be expected to respond if letters are sent out at the same time.

 

I forwrded everything I sent to Shoosmiths to the Clerk of the court.

 

TODAY -

A reply with a revised amount and the we will accept the amount you have offered

on the condition we complete a I & E to them as they are obliged to assess the affordability.

 

 

The offer is open until 26/01/2016 at 5pm and they have instructed the agents at court to continue for 4 weeks

to allow settlement negotiations.

 

 

They then tell me to call or email for more direct discussions and

then the final paragraph in todays letter states that it is written without prejudice

and is not to be produced or founded upon in any proceedings to follow hereon other than our clients express consent.

 

So a wee summary,

Clydesdale closed accounts, and sold on to DCA with a payment plan in place with no warnng,

DCA refused payment plan and wanted more,

 

 

forward fast a couple of years and now its at court stage

when the solicitors are saying we will accept payment plan with will take the debt just over a year to clear,

and yes we have revised the total, but now saying without prejudice?

 

What Im asking is can I start to pay the debt,

I am happy to produce my I & E for the COURT but not the DCA/Solicitor.

[dx100uk]

so what is the status of the court claim please?

 

 

you shouldn't really be accepting some off the cuff 'offer'

as 9/10 theres twice as much discount to be had

 

 

dx

[mazbck]

Hi the court case is nothing at the moment, they keep asking for more time in court. It hasnt even gotten to the Time to Pay stage.

 

Ive found some old bank statement and the final amount on the OD is almost 3 times as much they have said.

We know we are due money and want to pay what we are due minus the extra charges.

 

When I checked the court rolls yesterday it was still says just small claims hearing.

I checked as my hubster and I are up i court as witnesses tomorrow for an assault on us by a couple of thugs.

 

Are Cabot/Shoosmiths just trying to put one over on us.

I know it is def in court but surely it should state continued or time to pay.

 

All correspondance is being sent to the court clerk as well so the court has evidence we are trying to come to some arrangement.

IT is all in writing via snal mail as Ive heard too much horror stories of DCAs putting fast

 

PS as for the other ones,

Ive put my OD in dispute with them and sent my £1 postal Order for the loan which is a can of worms as it was about 4 top up loans.

 

The CCA is due in tomorrow maybe and the other OD Ive heard nothing from Cabot but I have all my original paperwork that IVe sent them and proof of the payments

[dx100uk]

so you've filed efence and exchanged whitless statements etc?

 

what def did you file

[mazbck]

We admitted part of the claim and raised issue with the amount.

 

Ill find the copies later and double check exaclty what was written.

 

I spent the day in court as a witness so my head is a mess but it was worth it as the 'thug' who assaulted hubster and I was remanded

[mazbck]

Sorry not been on for ages, just getting over the flu.

 

The court made cabot/shoosmiths reduce the amount of the debt to just under 200 and ive been told topay them 20 a month. The court took a dim view of shoosmiths, as thy were trying to drag it out and from day 1 we were cooperating. So sucess as far as im concerned.

 

But cabot have now gone over thier time limit for the cca for the loan, and surprise surprise we got a letter today from them saying they had bought an old Sky debt. We haven't had sky for 5 years....

[mazbck]

Oh dear, not sure what to do about the overdraft issue as Shoosmiths nor cabot have given us any payment details. This is getting silly now.

[unclebulgaria67]

Oh dear, not sure what to do about the overdraft issue as Shoosmiths nor cabot have given us any payment details. This is getting silly now.

 

Will this CCJ be registered or do you have opportunity to pay the £200 in full within 30 days to avoid the CCJ being recorded ? Some in this situation might find out this from the court and if possible then settle the debt in full with the claimant.

 

If this is not an option, if you have been asked by the court to pay £20 a month, then ask Cabot for their payment details so you can arrange it.