Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    I just wish to quickly check something.

    I'd had difficulty logging into MCOL at the time
    I received the 28 day extension letter and having contacted the MCOL contact number, I was given an email address with regards to receiving or sending docs related to the case in the meantime.

    I photocopied the extension letter I mentioned and responded to the email got an automatic acknowledgement.

    However, I see no mention of it on the MCOL site now that I'm able to log in.

    I don't need to provide a defence do I?

    Bit worried as my deadline is nearing.


  2. #22
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    MCOL does not show anything apart from acknowledgement and defence then it ends as the claim is transferred out to your local county courticon.

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  3. #23
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    Default

    hi guys

    wondering if anyone can help me here.
    i think i've really ballsed this up but any guidance on this would be most appreciated!

    i've recently received an application noticeicon (N244icon) form and a general directions order.
    it looks like the stay had been lifted and i got a default CCJ?

    this is the only legal document from CCBC i've received in 3 years relating to this debt which is now statute barredicon so i'm a bit blindsided.
    According to the notes, no payment was made since 2010. i reckon my next step is to get this judgement set aside.
    is that correct?

    sorry, it's too late for me to edit my post now but having a read through again, i think the debt might not actually be statute barred because it was 2010 when the agreement was terminated and the last payment was made in 2012. sorry for the confusion - my memory's not great on this!

    also i didn't fill in my defence because i was awaiting a response to my CPR 31.14 request which is where i messed up i think


  4. #24
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'



    We could do with some help from you

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  5. #25
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Quote Originally Posted by functions View Post

    also i didn't fill in my defence .... which is where i messed up i think
    yep, that would explain the default judgment.
    what do you want to do now, pay, instalments,..or?

    IMO

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  6. #26
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    it'd be great to know what my options are (no matter how bad!)

    i know that i can't afford the monthly payment expected of me with this ccj


  7. #27
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    you'll need a fairly good reason to now set aside.
    otherwise, if you can't pay the judgment amount (500?), then could try for an instalment order according to your means. an instalment order on 500 should be attainable eg 10/mth over 5 years.

    IMO

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  8. #28
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    So whats the N244icon application for and whens that dated ?

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  9. #29
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    Default

    Quote Originally Posted by Andyorch View Post
    So whats the N244icon application for and whens that dated ?
    i'm not sure. i thought it might be easier to include the documents for you to see with identifying details edited

    i've attached them now in one file

    Attached Files

  10. #30
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Thought so ...you did have 7 days to set this aside and submit a defence...given that the order is dated 10th August....7 days is to day...what day did you receive the court order ?

    We could do with some help from you

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  11. #31
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Quote Originally Posted by Andyorch View Post
    Thought so ...you did have 7 days to set this aside and submit a defence...given that the order is dated 10th August....7 days is to day...what day did you receive the court order ?
    i got all those documents on the 11th August, yesterday, and the postage stamp on the envelope is dated the 10th


  12. #32
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    ah ok, you've got a bit of time to object (with reasons) to the judgment order then.

    IMO

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  13. #33
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Quote Originally Posted by Ford View Post
    ah ok, you've got a bit of time to object (with reasons) to the judgment order then.
    It would have to be sharpish Ford and of course a valid reason and defence ?

    We could do with some help from you

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  14. #34
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Quote Originally Posted by Andyorch View Post
    It would have to be sharpish Ford and of course a valid reason and defence ?
    thats what i meant.

    also to take into account the application fee (if applicable) and any poss hearing costs against should it be unsuccessful, compared to the judgment amount.

    IMO

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  15. #35
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Obviously not that bothered logged off after my post.

    We could do with some help from you

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  16. #36
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Quote Originally Posted by Andyorch View Post
    Obviously not that bothered logged off after my post.

    maybe why a defence wasn't submitted in the first place.
    luckily (in the sense that it gives the OP another outside chance) the claimant also wasnt too bothered at the time as it was left stayed rather than default judgment requested at the time.

    IMO

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  17. #37
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    so something like:


    Defence

    1. Paragraph 1,I accept that I have in the past held a current account with Lloyds Bank Plc. I have not serviced this account since xxxxxx due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyds Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

    2.Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach.

    3. Paragraph 3 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

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

    Therefore 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.
    (c) Provide a breakdown of their excessive charging/fees levied to the account and;.
    (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 immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the xxxxxxxx. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

    7.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.

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  18. #38
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    thank you all so extraordinarily much for taking the time and effort to respond - it's really appreciated

    apologies for the delayed response. this issue couldn't have come at a busier time for me but i really do want to try and make an attempt to fight this if that's doable and if there's a chance of being successful. not sure of what my chances may be though. and yes, i do have to consider the possibility of losing this and the increase in costs. is there an idea of how high the added costs could be?

    dx100uk, that's perfect and really kind of you in drafting that - thank you


  19. #39
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    just nicked from another thread
    obv you'll need to adapt it to your players/debt and their POCicon para numbers.


    dx

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  20. #40
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    no problem, ty



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