Hi everyone .

I want to thank everyone in advance and also apologise in advance

- as I realise my questions are probably very common here,

but I have very little time left and I am overwhelmed with so much info on internet

, while trying to do my duties at work and as a father.

Summary :

1.My debts are in the region of 4,000 for a loan, credit card, overdraft and phone account.

I started missing payments in 2010 due to family separation and depression, stopped making payments and stopped contact with lenders in 2011.

Meantime paid some sums, made some agreements, paid some money on those agreements, on some haven't, don't have good recollection , don't know if i owe some of the debts, if they are for correct amount, if some of them are statue barred, unfair charges etc.

2.All of debts are now being owned by various debt collecting agencies, sometimes changing hands more than once. some already started offering me full and final settlements of 50-60 %.

3. For one of the debts(Cabot, original overdraft from Halifax in region of 1000, now 1400) a court proceeding has started december 2016)

-claim form has been sent to Northampton county court.

Currently I haven't sent any form back to court, as i called the solicitors representing Cabot

- Mortimer Clarke Solicitors LTD and they agreed to give me time until 31.01.2017 to prepare my expenditure form and make offer for repayment and/or full and final settlement upon which they said won't continue with court proceedings as it is up to them to request them.

Unfortunately they refused to give me written confirmation of that (twice) which leaves me in a situation where they can decide anytime to request court decision and court won't even know I am in contact and agreement with them while issuing the order.

4. My credit report has inaccuracies- default dates are years more recent than they should be and one of the debt collecting agencies (Cabot) opened a new account with same default date and amount of original debt, but no markers that this is debt bought from original lender, which might lead to confusion this is different debt imo while accessing my credit report.

What would you advise me in this situation?

My first aim is to get relevant and accurate information on debts, so i know where i stand.

Do I have the right to ask the dca for all the info or need to contact the original lender ?

Does the dca has the right to redirect me to request the needed info from original lender or they are obliged to provide it as the new owner of the debt.

Also templates I found so far are just for one issue or used long time ago.

I need a template which requests original agreement, payments, any voluntary arrangements we had, so I know if i owe anything, different amount or if it is already statue barred.

What should be the fee i have to pay ?

What will happen if they cannot provide the requested inf

o- will debt become unenforceable until they do ?

Can I use that also to correct my credit report ?

I am not sure what template to use for debt for which there is already a started court case

- I am afraid that when i send that request to the dca in question they might instruct their solicitors to request immediate judgment.

Thanks again

right for the minute

forget about the rest concentrate on the court case.

have you still got the claimform?

Thanks for reply.

Yes, I do. haven't sent anything yet, as I missed the 14 day deadline-wasn't sure to defend or to acknowledge, wasn't ready with my income, expenditure etc.,

also am considering PPI towards Halifax

- I think they even sent me a letter offering money some time ago.

.. In short- needed time and the solicitors gave me much more time than the court would have given me, before the due date for sending form was over.

ok

lets get your ducks inline please

we need this info

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

then we can advise properly.

Name of the Claimant ?CABOT

Date of issue – 12 DEC 2016

What is the claim for –

Monies due under current overdraft.

The Claimant's claim is for the balance outstanding under a Bank account facility Halifax agreed to maintain for the Defendant.

It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand

The Defendant has failed to repay the amount due.

The debt was assigned to the Claimant.

HE CLAIMANT THEREFORE CLAIMS 1300.80

What is the value of the claim? 1450.80

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

CURRENT ACCOUNT(OVERDRAFT)

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

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. CABOT

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

don't know, haven't checked correspondence since 2011

Did you receive a Default Notice from the original creditor?

don't know, haven't checked correspondence since 2011

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

don't know, haven't checked correspondence since 2011

Why did you cease payments?

had family breakdown, resulting in lonf lasting disability- depression, which affected severily my ability to work and take care of my matters

What was the date of your last payment?

not sure, i think it was 2011

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

had many charges on account due to late/missed payments, i believe some of them were caused by the PPI I had for my credit card with Halifax-missold in my belief(for different reasons ). This increased my debt and put me in spiral of charges at time, when could't afford it and couldn't and din't know how to dispute it. But didn't raise the issue with the bank, as was unable to do it due to depression and other problems.

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

I think I had few charges reversed as a gesture of goodwill from bank in 2009/2010 before my depression got worst

Side note : which form do i use ???

I had overdraft, but I believe it was for far less amount as bank constantly was lowering my overdraft in last months, so it came to 800 at the ened as much as i can remember.

Also big portion is of charges, which i read can be reversed because of my bad financial situation and ill health.

Also remember receiving letter from Halifax in 2014?,

which claimed i can receive about £1000 in compensation for missold PPI, but never acted on it due to bad health as well.

I am sorry for not giving accurate information,

I can dig out everything i guess, but will take me 2 days

another note : Cabot solicitors LTD gave me extension in phone conversations until 21.01 to provide them with expenditure form etc. Only by phone though, gave excuses for not sending me written confirmation- first time they were understaffed before Christmas, second- no need for that, as they record every phone conversation. They said they will not continue proceeding if I come back with reasonable offer, accepted by their client- Cabot financial.

ok well not all be lost

lets see where mcol think the claim is at.

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long number given

then log in

.

see if you can select respond to a claim and select the AOS box.

if it lets you

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

then comeback here with what you found/were able/not to do

dx

thanks a lot. Working on it atm. Might take a bit of time...

sorry, took me a long time, had issues with gov getaway authenticator...

So when i click on the AOS box it tells me this :

'' Before you acknowledge service of the claim against you, which gives you time to seek advice to complete your defence, you must make sure the following apply in your case:

you are filing your acknowledgment within 14 days of service of the claim on you (a claim is considered served on the fifth day after it is issued)

or

you are filing your acknowledgement within 14 days of service of separate more detailed particulars

If you haven't filed an acknowledgment of service within the time specified above, the claimant can request judgment against you.

However, if the claimant has not already entered judgment against you, you may file an acknowledgment of service up to 28 days after service of the claim (or separate particulars) on you. ''

even if I am allowed to click the option,

it won't be legally valid in my understanding.

And once the solicitors get informed about it they might change attitude and go for the easy option to request immediate full judgement instead of having to deal with eventual defence.

I am really tempted to go with my original plan in these circumstances. and it is to fill out expenditure form, as agreed with solicitors, prove to them i can afford only token or minimal payments on debt, regardless if they have judgement or not. and given my income and the fact i have priority debts as well and no property etc. they will have to accept those minimal payments for years to come.

And they already assured me (after learning of my health history) that if i come back with reasonable offer of repayments they will prolong my case for a long time-the guy hinted 6 months at least.

At the same time i am thinking of offering them full and final settlement of 50 %, which hopefully I will be able to raise from family and friends if they confirm they will drop the case if paid that way.

So what do you think- do I have a good chance of executing that plan or it is just wishful thinking ?

I would be doing aos and

acking the claim defend all

and filing a holding defence

it cant harm you

and

even if things go wrong you can STILL do a tomlin order later with no CCJ registered.

i'd be sending Mortimer a CRP 31:14 current account version too.

who says you all of the OD they are mostly charges

and who says your last payment might not have been prior to dec 2010

if so the debt is statute barred [don't owe anything]

you SERIOUSLY should never talk to dca's or their solicitors on the phone

writing ONLY.

dx

no harm in your ringing Halifax now and asking date of last payment..you might not owe a thing!!

ask yourself this..

why didnt HALIFAX take me to court and crush me as they still do today..something smells!!

thank you dx for help, will definitely contact Halifax asap and will think very well about aos . Off to work now, will update asap with development. good luck to you with your claim , hopefully it is statue barred .

I wouldn't think too long about acknowledging the claim ..it may be blocked tomorrow.

Andy

I haven't a claim ... read my last post properly...

I would be not leaving this past tomorrow at this time re AOS/defence filing

you could find the claim is locked by Monday when the courts reopen.

and then it'll cost you £255 to get the CCJ overturned even if it IS statute barred

you should have ideally be/have rung Halifax by close of business today as I bet they are closed tomorrow?

doing post 10 asap can only benefit you not harm you.

leaving to the claimant to decide is suicide.

crossposted andy my thoughts too!!

Thank you again dx and Andy for advice.

Sorry for replying so late,

but was working plus had to proof check my weak memory.

So far from my credit reports it seems that i made last payments in 2014- so no statue barred

- I still have to cross reference with my bank statements

- but it takes long time, as I am digging a mountain of old paperwork.

Just to update you

- I did dig a lot, but couldn't find a clause which will enable me to submit my defence significantly later than timeframes stated in law

. If I go that way, my fear is it I will mean I have no defence and will lose instantly if debtor decides to get an order.

instead I am thinking of submitting my expenditure form to debtor's solicitors with offer of token payments and include an offer for full and final settlement as well.

Meanwhile I will be sending request for CCA agreement and if they fail to produce it, they won't be able to get final decision of court anyway (at least to my limited knowledge).

Unfair charges

I will start fighting as well-

don't think having a payment plan can stop me from that.

As won't stop me from applying for PPI I believe.

My hope is that I can reduce amount of debt by full and final offer (family is willing to help) and if my unfair charges and PPI are successful I might even have some spare cash after clearing my debt.

My question is

- what is the period on which I need to work out my expenditure from- 1,2,3,6 etc. months ? I am self employed btw

please get AOS done

and they we will give you a holding defence to file

it cant hurt you.

then you might not owe anything.

" instead I am thinking of submitting my expenditure form to debtor's solicitors with offer of token payments and include an offer for Full and final settlement as well."

That will result in an automatic CCJ..the only way to stop them and the auto process is to submit a defence.