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. #1
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    Default disputed amount on YB overdraft

    hey all

    i'm once again finding Yorkshire Bankicon causing me a troubling time.

    i had an overdraft of 500 with my YB current account.
    they wanted me to pay it back when i was in financial difficulties (the best timing).

    i made an arrangement of 20 a month but i paid 30 a month into the current account
    with the 10 covering interest. this all whilst on jsa too.

    i struggled paying that along with other arrangements i made with them.
    ..i was really naive about what i could offer them but once i got advice on it,
    i simply told them that i could no longer afford the arrangement
    and it was apparently passed onto collections.
    i don't understand it but my current account has now been closed.

    i was expecting a refund of charges after a decision made by the fosicon into that account.
    the first instalment was made but nothing after and after making an of offer of payment of 1 a month,
    i have had an acceptance of that offer from a solicitors of yb i think but the amount is a lot higher.

    there's some letter and other charges apparently but the balance makes no mention of the refund i'm owed.

    so what should i do?
    i personally was thinking i'd outline all of this in a letter
    but i wanted to get some advice first as when it came to my fos decision,
    i wish i'd taken some help from here as the amount is nothing compared
    to what i was really owed but because i was none the wiser,
    i just thought it a really good offer at the time clueless me.
    ahh well..live 'n learn eh

    edit: i forgot to mention that i have a deadline for this token payment offer.
    should i try and resolve the amount first and then pay
    or make the payments 1 offer in the meantime?

    thanks in advance for any help

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  2. #2
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    Default Re: disputed amount on YB overdraft

    apparently everytime they send out a letter it's a 20 quid charge on the balance? the amount has gone up by 60 now in a little over 3 weeks. there's no way i'm paying that!


  3. #3
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    Default claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Hello guys,

    I could do with some help and guidance on this.

    I've received a Northampton county claim formicon.
    I did receive a letter back in July from Mortimer Solicitors
    informing me that court proceedings will be started against me
    but I didn't take it too seriously (big mistake there!) and now I'm facing this.
    _________________________ _________________________ ________________________
    Name of the Claimant: Cabot Financial Ltd

    Date of issue – 14/08/14

    What is the claim for –

    1.Monies due under account overdraft. The claimant's claim is for the balance outstanding under a bank account facility Clydesdale Bank T/A Yorkshire Bankicon ("YRB") agreed to maintain for the defendant.

    2.It was a term of the bank account that any debit balance be repayable by the defendant in full on demand.

    3.Despite a demand being made, the defendant has failed to repay the amount due. The debt was assigned to the claimant on 1/7/2011
    .

    The claimant therefore claims: 500
    (the figure has been rounded down a little)


    What is the value of the claim? 500 (rounded down)

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

    When did you enter into the original agreement before or after 2007? 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. Issued by debt purchaser

    Were you aware the account had been assigned – did you receive a Notice of Assignment? I think I may have done. It's been past around from various DCAicon's.
    I did get a notice of change of agent from Marlin recently


    Did you receive a Default Notice from the original creditor? I believe so

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Sorry, I'm not sure

    Why did you cease payments:- financial difficulty - had become unemployed

    Was there a dispute with the original creditor that remains unresolved? I was contesting bank charges at the time

    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I did inform them of my financial situation and I do recall being sent out an income and expenditure form. I was on benefits at the time


  4. #4
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



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    Default Re: Northampton court claim form received from Cabot/Mortimer Clarke (originally Yorkshire Bank debt)

    You must acknowledge service by the 1st September (19 days from the date the date being day 1) and defence will therefore be 15th September.

    Go to the legal libraryicon and look for CPR 31.14 (Current Account version) and get that away today.How long is it since you made any deposits to this account?
    Have you now isolated this account and set up a fresh banking facility?

    Regards

    Andy

    We could do with some help from you

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  5. #5
    Royalties Account Holder citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB's Avatar



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    Default Re: Northampton court claim form received from Cabot/Mortimer Clarke (originally Yorkshire Bank debt)

    You need to bring forward each section in your timeline by one day - the count should include the actual date of issue.

    So your timeline would be..

    Issue date - 14.08.2014 + 5 days for service = 18.08.2014 + 14 days to acknowledge = 01.09.2014 + 14 days to submit defence = 15.09.2014

    I will alert others to your thread for advice.. meanwhile, you could send the following CPR request to the acting solicitor..

    http://www.consumeractiongroup.co.uk...urrent-Account

    Oops sorry.. posting same time as AO

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    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  6. #6
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    Default Re: Northampton court claim form received from Cabot/Mortimer Clarke (originally Yorkshire Bank debt)

    Quote Originally Posted by andyorch View Post
    You must acknowledge service by the 1st September (19 days from the date the date being day 1) and defence will therefore be 15th September.

    Go to the legal libraryicon and look for CPR 31.14 (Current Account version) and get that away today.How long is it since you made any deposits to this account?
    Have you now isolated this account and set up a fresh banking facility?

    Regards

    Andy
    Thanks, Andy. Edited post.

    I have an entirely different bank account now which is thankfully fine
    and have no dealings with Yorkshire Bankicon since.

    The current account associated with the overdraft was closed
    and I have no idea about the savings account I had with them.
    I made nominal payment of a 1 towards this debt back in 2012 but nothing since.
    Just not received anything from them for quite a while.
    I actually had a loan with them which is much larger than the overdraft amount.

    Quote Originally Posted by citizenB View Post
    You need to bring forward each section in your timeline by one day - the count should include the actual date of issue.

    So your timeline would be..

    Issue date - 14.08.2014 + 5 days for service = 18.08.2014 + 14 days to acknowledge = 01.09.2014 + 14 days to submit defence = 15.09.2014

    I will alert others to your thread for advice.. meanwhile, you could send the following CPR request to the acting solicitor..

    http://www.consumeractiongroup.co.uk...urrent-Account

    Oops sorry.. posting same time as AO
    Thank you kindly, citizenB.

    I plan to get that letter sent today.

    Sorry,
    I forgot to ask

    am I ok to acknowledge service and
    my wish to defend the claim now on the MCOL site
    as it mentions in the CPR 31.14 letter that I've done so?
    I'm not disadvantaged for doing that now am I?

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

    No you can AoS now.

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
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  8. #8
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Wow, I'd forgotten about the post and thread I made. I can't remember if I ever did get the other refund amount either. Hmm....

    Okay, so I've acknowledged I'm wanting to defend the amount fully and sent off the document linked to today as well.

    I mentioned I got a Notice of Change of Agent from Marlin which was on the 26/6/14 and having read it,
    it mentions that my creditor Cabot has decided to appoint Mortimer Clarke Solicitors to take over recovery activity from us.
    And that's when I got the letter from Mortimer Clarke solicitors about court proceedings.


    Should another debt collectionicon agency be telling me about the actions of what the new DCA plans to do?
    I thought with a new DCA the whole process of chasing up the debt starts again.

    Thanks for all the fantastic help and support so far.


  9. #9
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Makes no odds its the claimant (name) on the claim formicon that matters....have you sent the CPR to MC? Who were the original Sols named on the summons?

    We could do with some help from you

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

    I think that Cabot - Marlin and Mortimer Clarke are probably all part of the same group. I would have thought that Notice of Assignment would come via either the original Creditor or the new Owner aka Cabot.

    Who are acting solicitors ?

    Please consider making a small donation to help keep this site running
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    Dealing with Customer Service Departments? - read the CAG Guide first

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read


    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  11. #11
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Yes, I sent the CPR to Mortimer Clarkes Solicitors, address in Worthing, although should that have been to Cabot instead who are based in Kent as they are listed as the claimant on the claim formicon? The address for sending documents and payments on the claim form has listed Mortimer Clarke solicitors.


  12. #12
    Royalties Account Holder BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative



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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Mortimer Clarke In house Sols for Marlin.


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

    Quote Originally Posted by functions View Post
    Yes, I sent the CPR to Mortimer Clarkes Solicitors, address in Worthing, although should that have been to Cabot instead who are based in Kent as they are listed as the claimant on the claim formicon? The address for sending documents and payments on the claim form has listed Mortimer Clarke solicitors.
    Yes thats correct...to the Solicitors

    We could do with some help from you

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  14. #14
    Royalties Account Holder BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative



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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Quote Originally Posted by andyorch View Post
    No thats correct...to the Solicitors
    There is always the possibility that solicitors will reply stating they are not the creditor and the CCA Requesticon should go to the client (correct) as we see with Bryan Carter and others, one might expect the solicitors to pass on the request most do not.


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

    Thanks for all the help guys.

    I guess it's just a case of waiting for their response?


  16. #16
    Royalties Account Holder BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative



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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Indeed so!


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

    Okay, I've got a response.

    Letter from Mortimer Clarke's saying that they're taking client's instructions and will get back me as soon as they can and that they can confirm the client is willing to agree to an extension of 28 days for me to file my defence. 'Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.' So...what should I do?


  18. #18
    Royalties Account Holder BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative



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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Yes exactly that, write to the court manager quote the claim number and state the agreement and the date made.


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

    Wow, BRIGADIER2JCS. Thanks for your ever so speedy response!
    I edited my post a little but advice about where to go next with this appears to take advantage of the extension.
    I was worried it was some type of trickery.


  20. #20
    Royalties Account Holder BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative BRIGADIER2JCS Authoritative



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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Hi, the sols might have been viewed as harsh/unhelpful had they turned down a reasonable request for an extension.
    No tricks!



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