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.

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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 Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back to

    Hi all,

    Hoping for some advice if possible.

    Early 2017 I received a claim formicon from Cabot for an old Yorkshire Bank overdraft debt
    - I wasn't in the best position at the time but did manage to file a standard claim defence through MCOL and then was told it would be sent back to the client to review.
    Heard nothing and am now in a much better situation

    out the blue approx a week ago I received a lettericon from the solicitors with the documentation I had requested in my claim defence etc.
    I have attached a copy of the letter they have sent me and they have also sent full bank statements, notices of charges and a notice of assignment.

    The claim is for approx 1000 - 875 from the account and the rest in solicitor fees.

    As a bit of context,
    the account was held from 2013-2014 and I had a serious gambling addiction at the time,
    essentially any money I received I was spending straight away on gambling.

    I had a current account with Yorkshire Bank with no agreed overdraft,
    yet I was constantly able to go several hundreds of pounds overdrawn,
    and of course the fees made this worse.

    Based on the bank statements they sent,
    I accrued approx 850 of bank charges in the 10/11 months I used the account (these were at 25 per charge for unplanned overdraft and a couple of 35 returned DDicon).

    Note the final balance now is not just charges as some of these were paid off during using the account.
    I was in a cycle where I would be overdrawn,
    credit the account and return to a positive balance,
    then be allowed to go overdrawn on gambling transactions and
    then charges would be added and the cycle would repeat,
    until I ended up so deep overdrawn I abandoned the account.

    Towards the end I was able to go over 600 overdrawn in gambling transactions,
    and then 185 fees were also added to this as well as extra debit interest that accumulated.

    The letter states they would like to settle without further court proceedings and that I can propose a repayment planicon.
    After some research online I believe one option to me would be to submit a formal complaint to Yorkshire Bank about the charges and my financial situation at the time and how I was constantly able to go overdrawn by a large amount, and if necessary go on to the Ombudsmanicon after.

    Do you think this is a good approach, and would it stop Mortimer wanting to proceed with court action whilst the complaint is considered?
    I am of course open to any other suggestions!

    Thanks a lot and sorry for the long read, please let me know if any more info is required.

    Attached:
    Letter received today
    Statement of amount owed
    One of the bank statements (towards the end of the account) as an example - can see it started OD, went into credit, then ended more OD than it started

    (unfortunately i no longer have copy of original claim form or my defence - trying to access MCOL to retrieve these but wasn't thinking straight enough to keep a log of my details when this all started a couple of years ago)

    Thanks for any advice

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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back to

    please complete this:
    https://www.consumeractiongroup.co.u...-Viewing)-nbsp

    and pop all those scans into ONE multipage PDFicon please

    else well be here all day downloading single pages and putting our screens on their side

    can you also post up the defence you filed

    pers i'd not do anything unless you get a N244icon to lift the stay
    sounds like a begging letter to me!!

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  3. #3
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back to

    sorry not sure why some ended up sideways. Will sort and re-upload with that info above shortly. thanks


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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    Go get Officelens - Itll PDFicon it and line it up in the camera properly.
    Its more readable...
    I can read sod all on ths... (Not your fault)


  5. #5
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    Used a site online to combine into a PDFicon - hopefully that makes it easier!

    Re copy of the defence, I'm trying to regain access to the MCOL website to access it and just waiting for help getting my user ID so I can login and retrieve this

    Qs and As:

    Name of the Claimant? Cabot

    Date of issue - Feb 2017

    Particulars of Claim -

    "Monies due under current account overdraft.
    1.THe claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bank 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."


    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Can't remember

    What is the total value of the claim? 1005

    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft

    When did you enter into the original agreement before or after April 2007 ? After, May 2013

    Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

    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? - Yes

    Did you receive a Default Notice from the original creditor? - Not sure, don't think so

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, don't think so

    Why did you cease payments? Couldn't afford, went too deep into unplanned overdraft and couldn't afford to get account bank into credit, redirected wages to new account

    What was the date of your last payment? Account stopped being used in Feb 2014

    Was there a dispute with the original creditor that remains unresolved? No

    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon planicon? No

    Thank you

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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    So you could propose a reasonable payment plan that is affordable to yourself......or you simply ignore their letter and wait and see if they make application to lift the stay and proceed to trial and take your chance.

    If there was no agreed overdraft facility...which the letter confirms..then in theory you couldn't be allowed to go into overdraft as any transaction would be declined.
    It could be argued that the Bank as allowed this to happen to maximise charges and interest..and therefore created the debt by its own volition.

    But its your choice on how to handle it.

    Regards

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  7. #7
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    Thanks for the advice.

    I had considered making a repayment offer based on the actual amount I went overdrawn through my own transactions, minus any charges that had been applied by Yorkshire Bank
    - but after looking over at it in total I was charged about 850 of bank fees so there would only be 25 or so left (based on original amount of 875 OD).

    The bank charges do seem incredibly excessive and looking back at it now I do feel I was exploited a bit, or rather that they could have done more and that their actions in allowing me to go hundreds of pounds overdrawn and then adding hundreds of pounds of fees did make my financial situation considerably worse.

    If I didn't offer any repayment planicon or reply, their next step is likely to be a N244icon claim to lift the stay and proceed to court I'd assume?

    In this case does it seem to make sense to make a complaint to Yorkshire Bank/Ombudsmanicon about the situation and the lack of overdraft, informing Mortimer of this (assuming they would wait until the outcome of complaint to lift the stay) and then seeing how it progresses?

    If the complaint wasn't upheld then I would then have to offer a repayment planicon I assume or go to court and try a similar defence

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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    Did you have the A/C before you start gambling
    Pers id await the N244icon

    If its 90% charges i cant see the judge making you pay those re the OFT stuff

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  9. #9
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    No i was already gambling when I opened the account, for a couple of years prior

    The 850 charges includes those that have effectively already been paid on each monthly statement, in the last month or 2 of using the account I think the account went to -650 via transactions and then went up to 875 with charges added on. Some charges were added in previous months but then the account was put back into credit the following month and so on so I'm not sure if that counts


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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    i was thinking irresponsible lending but as it had no OD? Cant use that??

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  11. #11
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    Yes if i made a complaint to fosicon/Yorkshire Bank it would be based on that they shouldn't have let me go overdrawn significantly as I had PDL defaults prior to this account also and therefore irresponsible lending,

    but from research online there seems to be varying stories about whether this would be covered as there was no planned overdraft,
    but surely with no overdraft (and it would certainly have been rejected if overdraft applied for)
    it is irresponsible to allow to make transactions to go 600 overdrawn

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  12. #12
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    agreed give it a go see our IRL guide

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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    IRL would apply in this case... No suitable safeguard was put in place to prevent this from happening - They are still *LENDING* you the money through the form of an Unarranged OD which is clearly defined in the terms of the Original Acc Agreement.
    On top of that look at PDL stuff too...


  14. #14
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    Link to irl is in the post above in purple

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  15. #15
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    Great, thank you for the advice I will go down this route and let you know how it progresses.


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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    It wont progress until they make application to lift the stay...their letter may be a bluff to get you to react.....do nothing for now.

    We could do with some help from you

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  17. #17
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    Thanks for the advice, ideally it is a bluff!

    By do nothing for now do you mean I shouldn't make a irresponsible lending complaint or that I should make a complaint but don't do anything to reply to Mortimer (not even advise them it's under complaint)?

    Thanks


  18. #18
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    yes
    and yes

    make an IRL complaint

    ignore cabot/mort

    unless you get an N244icon

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  19. #19
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    Default Re: Cabot/Mortimer old stayed Claim - old Yorkshire Bank overdraft - now produced paperwork - wanting settlement or back

    Thank you



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