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About tst93

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  1. Great, thanks. If they apply for a summary judgement do I get notice of this/can I oppose this or force a hearing?
  2. Thanks for re-opening. I've just had some more letters from Mortimer Clarke recently and just looking for a bit of advice if possible. Until a few weeks ago, the last letters I received off them were in August (which prompted this thread), and then a very similar one in December. I ignored these and heard nothing for months. I received a letter on 24/07 referencing the letter from August last year, and asking to set up an arrangement or that the next step is for them to apply to lift the stay. At this point I replied a couple of weeks later with a very low
  3. thanks for both your replies the letter says the client has instructed them to apply to lift the stay after 14 days if no contact. The FOS letter is from the adjudicator, I have replied to contend the decision and am currently waiting to hear back before I assume it will be referred to the ombudsman
  4. Hi, just as an update on this I went through an irresponsible lending complaint to Yorkshire Bank and then referred it to the ombudsman, this unfortunately wasn't upheld. Mortimer have sent a letter last week - a basic letter that said they haven't had any contact from me for a long time and so the client has requested that if there is no contact in the next 14 days that the stay on the court order will be lifted and proceedings will continue. The letter then ended by advising that the client is still willing to set up a repayment plan etc and to get in touch with a proposal. I was p
  5. 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
  6. Great, thank you for the advice I will go down this route and let you know how it progresses.
  7. Yes if i made a complaint to FOS/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
  8. 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
  9. 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 addin
  10. Used a site online to combine into a PDF - 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 wo
  11. sorry not sure why some ended up sideways. Will sort and re-upload with that info above shortly. thanks
  12. Hi all, Hoping for some advice if possible. Early 2017 I received a claim form 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 letter 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 ba
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