Cabot O/D Court Claim at AQ stage

[tonsofbrass]

Hi

 

I`ve been on here for while (lurking in the background) and have learned lots of great stuff. My position is this Crapbot bought my overdraft from a High Street Bank and despite lots of letter tennis they have (Morgans) issued proceedings through the Nothampton BC. The POC weas extremely vauge and had no documents supplied with it so I submitted an embarassed defence. On Saturday I recieved notification of transfer to my local court as well as the AQ.

 

To date I have been defaulted twice for this account (different amounts) one from the OC the other by Cabot (who did this some 2 years before they had any authority to act on the account??). I have submitted an SAR and I am awaiting the content of their "Disc" containing the information they hold relating to this account "but which may not contain agreements, statements etc" which I accoring to Cabot will have to seek from the OC, however time is moving on and I need to complete the AQ hence my post.

 

This it is a matter for the small claims track and as such the costs should be minimal and not the thousands they have suggested.

 

I am not able to settle the debt as I am in arrears on my mortgage and 2nd charge on my property and have the delight of being the subject of distraint proceedings by the inland revenue as well as proceedings for non payment of council tax (oh when will the sunshine again?).

 

I am now unsure whether I should have CCA`d Cabot and the OC thus providing the statutory defence of default or whether I should explore an alternative route. I would also be grateful to recieve any recomendations of what documentation to request via the AQ.

 

1. Contractual Agreement

2. Default notice x 2

3. Termination notice.

 

To date Morgans have supplied nothing more than a "representation of the notice of assignment" which is a not sufficient (in my opinion).

 

Any advice would be gratefully recieved.

 

Thanks

 

Tonsofbrass

[Gaston Grimsdyke]

The CCA agreement regulations don't apply to overdrafts.

[the_shadow]

The CCA agreement regulations don't apply to overdrafts.

 

Whilst GG is correct, it is a part v exemption from the CCA, they may not require an actual agreement with the prescribed terms but they do have to show a letter of offer was sent within 30days of the overdraft taking place and this document should set out the terms of the overdraft.

 

S.

[tonsofbrass]

Thanks Guys, Would a standard CCA request surfice or does it need to be more bespoke owing to the Part V exemption?

[the_shadow]

Thanks Guys, Would a standard CCA request surfice or does it need to be more bespoke owing to the Part V exemption?

 

Until they respond telling you that they are seeking part v exemption you should treat it as any other kind of credit imo and use the standard s78 request.

 

S.