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Halifax vs Mikeeb / help with defense, please


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Hi everyone,

 

I am new to this site and it is the my first ever forum! Unfortunately I have stumbled upon this site a little too late, I am at present being taken to court by Cabot Financial for an unsecured loan from Halifax. I have already received a summons and would like some advice on how to prepare a defence to send back? The amount they are claiming does not relate to anything near the original loan and the only reason the account went into default was because Halifax current account went silly adding on ridiculous charges. I tried to re-claim my charges and they shut the account and obviously stopped paying the loan. I therefore (as it was all the same company) did not enter agree to pay the loan untill the charges were sorted out.

 

I know its a little late but, does anyone have any good advice that i can put as a defence.

 

I do know that the loan was taken out b4 April 07 and I had PPI on the loan?

 

I would appreciate any help or advice:)

 

regards

 

Mikeeb

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Hi,

I don't know enough on court cases but have you received a court claim and if so have you acknowledged receipt or is it that Cabot are threatening you with court?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Silverfox

 

Cheers for the fast response. Yeah already got the court papers - bog standard small claims one. I have sent an acknowledgement of service, i have 14 more days to send in a defense. Any ideas.........

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Hello and welcome, MIKEEB.

 

I'll move this thread to the Legal Issues Forum, hopefully you'll get some more help.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hi Mike.....Is it possible you can tell me what the Particulars Of The Claim are please ? this is important as we'll need to get a CPR (Civil Procedure rule) request out ASAP.....either CPR18 or 31.14 but it depends what the particulars of the claim are....when you read and respond please send me a PM, so I can reply here....

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Hi 42man,

 

Thanks for the reply. Sorry I have been a while getting back to you, I do not log on everyday. My time ran out, so I had to send in my defense, below is a copy of what I sent...

 

With reference to the claimants particulars of claim, I do not recognise the amount of their claim. Where does this amount come from and how is it made up.?

I took out a loan with the Halifax when I had a bank account with them. I received some charges on my account which I did not recognise and questioned them with their customer service. I was told categorically that they did not make mistakes and it was my fault. Although I have account statements contrary to this which shows numerous errors in their account information. They (Halifax) continued to add charges on my account and would not stop adding to them until it was not physically possible for me to service the debt and it rendered my account unfeasible.

I tried on many occasions to sort this matter out with their customer services department and in the end I started proceedings to claim the charges back. It was at this point they closed my account and became unhelpful. As my loan was part of my account they stopped paying the direct debit and became unreasonable. I offered to pay and resume normal payments if the charges could be sorted out. At one point a particularly rude operative suggested that all the debt be lumped together and it would be taken to court. I thought this was not an altogether bad idea as the charges issue would be sorted at the same time.

 

I did not hear anything from Halifax again, only a few moths ago a company called Cabot Financial started harassing me saying they had bought the debt from the Halifax. I told them the story and was expecting Halifax to sort the whole matter out together. When I gave my story to Cabot they were uninterested, cold, rude and patronising and continued to harass me, at some points 3 times a day and on Sundays. It was at this point that I stopped communicating with Cabot to avoid the stress and harassment.

As I do not recognise the amount of the claim I have requested under CPR18, that Cabot financial send me further details of my credit agreement and interest charges etc, that have been added to the claim.

I now await the allocation questionnaire and will hopefully put a case forward if they dont send me all the information i requested.

I would welcome any help or advice.. Many Thanks

Mikeeb

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  • 1 month later...

Hi 42man,

 

Just an update on my situation. I received a letter from the court that they had received the defence and would forward it onto the claiments solicitor. I also sent a copy of my letter to the solicitor. The letter stated that if the claiment wished to proceed he must contact the court within 28 days. If not the claim will be stayed, then only action the claiment can then take will be apply to the judge for the stay to be lifted.

 

This letter was dated 19th June, therefore 28 days have elapsed and the claim is now stayed. :lol: What does this mean, can they still register details on experian or equifax. Can they chase this in the future:???:

 

Thanks for your help

 

Cheers

 

Mike

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  • 1 month later...

Hi Car2403,

 

Yes it has now been transferred to my local county court and I have received POC. Which contains a microfiche copy of the CCA over 2 pages and a copy of the notice of assignment (at the top someone has written (Representation of letter sent to customer 0n 26/08/09).

 

There is not default or termination information in POC and lots of pages of computerised info on supposedly cabots case history.

 

I have sent a CPR 18, which i got no reply. Should i now send a CPR 34.14 to ask for the default notice etc

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Hi car2403,

 

Thanks for getting back to me. I know the defense i sent was rather crappy, but it was just a holding defense while i swatted up on CAG !! I intend to reply somewhere along the lines of shakespere vs Nasty Bank, just got to get my head around the relevant bits for me.

 

I have scanned the first 3 pg of POC and their 3 exhibits "A" & "B" being the CCA and the assignment notice (which if you notice it is written on by hand saying this is a representation?)

 

POCpg2.jpg

 

POCpg1.jpg

 

 

POCexhibitA1.jpg

 

POCexhibitB.jpg

 

POCexhibitC.jpg?t=1253560087

 

There is also in the POC, 12..yes 12 pages of case history. Basically a computer generated load of tosh. One point I would like to clarify though although their is 12 pages the account history only shows auto-redialler ringing everyday or everyother day. This was not the case i had 3 to 4 calls per day. I have read somewhere on this site that it is illegal for DCA to ring you more than twice a week, is this correct? If so there POC highlights that they are breaking the law....

 

The have not sent me a copy of the Default or termination notice although i asked for it in my CPR 18 request on the 26th June. I also noticed in the AQ that they openly admitted that they had not followed pre-action protocols.

 

I sent off a CPR 31.14 this morning as i didnt want to wait too long. The DJ has allowed me 4 wks to submit an ammended defense, so it should be in early November

 

I would appreciate any help or advice

Edited by MIKEEB
removal of personal info
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I thought that all prescribed terms had to be on one page "4 corners of the document" not over 2 pages?

 

Also they have included the PPI in the total loan, which is not part of the credit....

 

Sorry, but im rather new to all this..., could you also tell me what IMHO means?

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I'm in agreement with baileyboy. The KEY terms need to be within the 4 corners but the rest can be on another document.

This thread is good at explaining. I have linked direct to the relevant post.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/211306-new-tack-supplying-cca-4.html#post2446578

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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After looking at the agreement i have only just noticed the figures. Im not a mathmatician, but looking at the figures and i cannot work them out?? Is there anybody out there that can look at the calculations for PPI, interest etc.. because at first glance they dont seem to add up.....

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks Maroodevo, I have downloaded it but as im a bit thick i cant make head nor tail of it.

 

Just as a quick example on the CCA it has a line saying

The cash price of the insurance premium is £1310.44

 

Insurance Premium Tax at a rate of 5% is included in the non-life elements of the insurance premium

 

Total charge for credit on cash loan £1444.28

 

I may be rubbish at maths but 5% of £1310.44 is £65.52 and therefore the total would be £1375.96 and NOT £1444.28????????

 

Would this render then all the other calculations pants.....

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Thanks Maroodevo, I have downloaded it but as im a bit thick i cant make head nor tail of it.

 

 

Join the club :rolleyes:

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Ok, the CCA is enforceable. Should i just give up and let cabot win or are there any other angles i can look into?

 

What is the relevance of not receiving a default notice or termination notice, why havnt they included them in the POC?

 

Knowing Cabot, despite requests beforehand they will come up with the goods at the eleventh hour.

 

Any ideas on a defense then.....

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Did you see this Mike ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353

 

Also correct me if i'm wrong but I can't see any notice of cancellation rights prescribed by Consumer Credit (Cancellation Notices And Copies Of Documents) Regulations 1983 ??? Is it a cancellable agreement ??

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