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. #41
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    i'm just filling in the N244icon form having decided to defend the claim - is it in my interest to request a hearing or have it without?


  2. #42
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Set a sides require a hearing..you can claim the fee back and your costs if the application is successful.

    Dont forget to draft an order to attach to the N244icon

    We could do with some help from you

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  3. #43
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    thanks andy.

    i've been looking through examples of draft orders to get some ideas etc.
    it prompted me to dig around through my own documents


    i found correspondence from mortimer clarke solicitors a year after my cpr 31.14 request in 2014 that provides photocopies of
    my NoA,
    letter from Yorkshire Bankicon advising of the assigment,
    facility letters
    and other letters from YB
    and a signed application form to open a bank account from 2008.


    i'm pretty sure now that this overdraft debt is now statute barred because i also had a loan from YB which was more than a couple of grand and it was that that i was making nominal payments to, the last payment of which was in 2012.
    i made two separate threads and they might possibly have been merged.

    none of the photocopied documents list when my last payment was made.
    i'd obviously need that to strengthen my case.


    i know first i have to get this set aside and having come across the claimants response to my cpr 31.14 as well as a without prejudice offers some time later which i ignored, this really doesn't help my case does it?
    i'm thinking i should have acknowledged them.


    that said,
    i definitely didn't receive court documents about the stay being lifted in july this year because i would have disputed that. most of the letters i was sent from YB informing me that i was over the overdraft limit was a result of charges from the bank that levied excessive charges.
    i thought them unfair and so i stopped paying them hence why i'm pretty sure this debt is now statute barredicon

    i already applied for help with fees the other day and have been provided a reference.
    i'd really appreciate hearing what anyone thinks of my N244icon claim now and how it's looking for me?


  4. #44
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    As the claim was issued – 14/08/14 and you think your last payment to your loan from this account was 2012...then Im not sure how you can consider it to be statute barredicon functions ?

    " I made nominal payment of a 1 towards this debt back in 2012 but nothing since."


    The claim stopped the clock with regards to limitations



    Andy

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  5. #45
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    i know andy - i'm sorry this is my mix-up and confusion

    i think the nominal payments was made towards the YB loan (of more than a couple grand) back in 2012 and not this YB overdraft (initially a little over 500) which is what is being pursued in the courts.
    the two are certainly separate and i got them mixed up.

    i'll contact my former bank asap to confirm when the last payment was made to YB and to what account.

    i only opened the account to set up standing orders for nominal payments of two debts so there isn't reams of statements to go through. still, it couldn't have been SB in 2014 so i wouldn't be able to use the SB defence now right years later after the stay?
    does a stay lift limitations indefinitely then?


  6. #46
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    The issuance of the court claim suspends time running with regards to limitations and the stay holds it until its either set a side or discontinued/withdrawn then the clocks restarts

    We could do with some help from you

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  7. #47
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    thanks, andy - really appreciated and i'll be sure to make a donationicon to this fantastic site for all help provided

    i'm not sure there's a good defence or chance of success for the set aside at this point.


    i was thinking of trying to negotiate paying a settlement but i think it has to be full amount now right?
    can't afford that and the original amount when the debt was transferred to cabot was on the lower end of 500
    - it's now more than 650 demanded.


    there's a difference between the original court claim in 2014 and what's on the default judgement 2017 by about 20 quid. any idea what that is?
    should i expect the amount to keep rising if i can't get this settled straightaway?


    i'm really beating myself up over this because it's ultimately my fault for not being vigilant and on top of things.
    i treated this like any other DCAicon but the circumstances are not the same!


  8. #48
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    I can only assume the differing sums will be section 69 Interest added to the judgment (8%) up until judgment.You can make application to vary the forthwith payment to monthly by submitting the N245 (See Legal libraryicon fee is 50)

    Downside is the CCJ will be registered and remain on your CRAs for 6 yearsicon.....paying it in full by the date stated will remove it completely.

    We could do with some help from you

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  9. #49
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    if it's interest it works out to be about 3%

    back to the drawing board it is with this...


  10. #50
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    Well a court can award anything up to 8% on top of a judgment...may be 3 in this instance

    We could do with some help from you

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  11. #51
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    i've been painstakingly going through all documents relating to this debt and that which was sent to me in reference to cpr 31.14

    whilst i believe documents relating to me being overdrawn are etc likely legit,
    there's a letter i'm unsure about purportedly from yb.

    can anyone tell me what they make of it, pls?

    is it just me or does the first line not even make sense?

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  12. #52
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    that's a notice of assignment

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  13. #53
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    In all honesty functions you are about 3 years too late with all this...you should have submitted your defence in 2014...you cant back peddle so may as well take my advice in post#48 or pay it in full by the date stated.

    Andy

    We could do with some help from you

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  14. #54
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    i am desperately trying to rectify the mistakes i made but you're right, it should've been all done then. i'm not even sure what my excuse was!

    thanks all the same, guys. i'll leave it here


  15. #55
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    Default Re: claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

    It would be a waste of the application fee 255 and believe me we despise losing to this crew as much as you...but 3 years on would be flogging a dead horse.

    We could do with some help from you

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