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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

srt9

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Everything posted by srt9

  1. srt9
    Yes sorry defence filed and received 10th March. Received a letter confirming defence had been received and then a letter from Mortimer approx 10 days ago saying one had been discontinued and the other they are awaiting instruction from cabot
  2. srt9
    Just as an update.. I received a letter a week or so ago from Mortimer saying one claim had been discontinued (as duplicate) and the second claim is on hold whilst they await instructions from their client. Is there any deadline for this or is it just a matter of waiting to see when I next hear? Thanks
  3. srt9
    Yes I made sure!
  4. srt9
    Great thank you I will work on this this afternoon. As always your help is much appreciated.
  5. srt9
    Could you suggest a good place to start with this please? I've had a look in the library but not really sure where to begin. I'd guess the letter they have sent me will be part of the defence, but I don't have any other documents to submit
  6. srt9
    Hi, So to update I sent off the CPR request a few weeks back, along with another letter enclosed advising they had made a duplicate claim and asking them to confirm they would cancel one and which claim this would be. The CPR request I sent specifically referred to both claim forms just to cover myself. I finally received a reply yesterday (2 days before defence due). The reply said that they do not hold original documents and will try and locate these, no further action will be taken at the moment. The bit I'm concerned about though is that this only referenced one of the claim form numbers - they did not acknowledge the second one nor reply to the other letter asking which case they would close. i would assume the letter stands for both claims but just want to make sure. Will Mortimer have informed the court about no further action, or do I need to do so? Will I still need to file a defence, and if so would the defence be just the letter they have sent me or more? Thanks for any help.
  7. srt9
    There is no account number mentioned - it is just the text 1.THe claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bankicon 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."
  8. srt9
    If they don't send anything to prove which type of account I had I might struggle with the above - should I consider contacting Yorkshire Bank to try and obtain this? Yes there is a different claim number.
  9. srt9
    Sounds good to me, thanks. The only thing is I assume I will need some evidence to prove it was a Readycash account - the Yorkshire Bank statement I have just says "current account" as does the claim form. I guess the account type will be shown in an agreement document they return to me after the CPR31.14? On a more confusing issue, I've just got home from work and there is another claim form here. This is for the same debt, the figures are exactly the same as are the particulars. The only things different are the issue date (9th Feb) and the reference number. It seems Cabot have filed this twice (I'd assume by mistake) - how should I handle this, defend them both?
  10. srt9
    I wasn't sure if that would be a valid defence or not. I don't have access to the Ts & Cs of the account from when I set it up, however these are part of what is currently listed: (b) you cannot use the Readycash Account to have an overdraft. This means that we will not agree to provide you with Planned Borrowing and we will only allow Unplanned Borrowing in the following exceptional circumstances: (i) your card is used at a retailer where that retailer is not required to check, or does not check, whether you have enough money in your account before accepting payment or is allowed under the arrangements of the relevant payment scheme to charge a higher amount than originally authorised (for example where retailers are permitted to substitute alternative goods which may have a higher price or transactions for hotels or car hire services); (ii) for foreign card payments fluctuations in the relevant foreign exchange rate between the date of the card transaction and date the transaction is charged to your account may result in a charge which is higher than the amount which was originally authorised; (iii) previously authorised transactions are passed to us for clearing outside of our normal timescales; (iv) we have to take the money out of your account when a cheque you paid in is returned unpaid; and (v) you do not have enough money in your account to pay fees for any services; © we will not charge you the Returned Item Fee or any unplanned borrowing fees I have sent the CPR31.14 form and will be acknowledging and stating I will defend the claim when I'm back home from work tonight and have the reference number to do it online. Thanks
  11. srt9
    I believe I was sent letters advising I was in unauthorised overdraft etc so was probably sent a few warnings - I ignored these as was in a pretty bad way addiction wise at the time (now much better thankfully). There were no charges for being overdrawn - I've just been on the Yorkshire Bank website and for this basic account it states "There is no overdraft facility available on this account." under overdraft charges. The glitch was used on more than one occasion, every night at 11pm the same thing would happen as their systems updated. This isn't to say I used the glitch every night but did sometimes. My wages etc would then go in and pay it off, apart from this time where I couldn't afford to pay it off so left it and opened up a new account elsewhere.
  12. srt9
    Due to their banking systems/possibly a glitch. At approx. 11pm at night it seemed the system updated for a while and any transactions I had made that day would disappear, allowing me to spend that money again. Eg I have a balance of 100, spend 50 a day my available balance would show as 50. Around 11pm it would show as 100 again before updating correctly the next day.
  13. srt9
    Thanks guys. I can't login to the account online anymore however the £900 overdraft balance does not consist of any fees/penalty charges for being overdrawn so I don't believe this is an option. The account was the one they now call ReadyCash which is the most basic of accounts which has no fees (and supposedly no overdrafts). I'll get the CPR31.14 sent out ASAP today, thanks.
  14. srt9
    Thank you, I didn't realise a consent order was possible at this point and thought it must reach judgement stage. I agree it is best to check if I have a valid defence first as that would naturally be preferable. Should my next step from here then be to send the CPR31.14 to Mortimer Clark Solicitors? Should I also send the DSAR as mentioned above and would this go to Mortimer or Yorkshire Bank? Thanks. I believe I have until the 26th Feb (19 days from issue date) to respond - if I responded now stating that I wished to defend it would I then still be able to offer a consent order after this point? Apologies for all the questions and many thanks for your above reply.
  15. srt9
    Thanks. To date I have sent nothing at all to YB or Cabot.
  16. srt9
    Hi guys, hoping to get some advice - if anyone has a bit of spare time to read through and make any suggestions it would be very much appreciated. Please see the info below for the current situation: Claim issued by Cabot Financial (UK) Limited Date of issue – 8th Feb + 19 days = 26th Feb, + 14 days = 4pm Friday 10th [revised - dx] Particulars - "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." Value of claim - £1000 - this includes the overdraft amount of £850 and court and legal representative costs of just under £150 Overdraft from a basic current account Account opened 2013 Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, went through a phase of not opening letters and moving address Context - this was a basic account with no arranged overdraft facility. I was suffering from an addiction at the time which meant I uncontrollably spent all money effectively as soon as it was available, however I was able to go £900 overdrawn on the account (not a planned or arranged OD, this would definitely have been rejected if applied for). Account has not been used since 2014. I have sent no communication to either Yorkshire Bank or Cabot. Is the first step to send a CPR31.14 to Mortimer Clarke (listed as solicitors on the form)? I don't expect to be able to defend it successfully as I do owe the money, if I am going to lose the case my best option seems to be to try and delay any judgement for 3/4 months, by which time I will have saved the money and then can pay it within a month after the judgement which therefore it means it won't show on my credit report - is this correct? Many thanks for any help.

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