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claim form Cabot/Mortimer - old Yorkshire Bank OD 'debt'

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hey all

 

i'm once again finding yorkshire bank causing me a troubling time.

 

i had an overdraft of £500 with my YB current account.

they wanted me to pay it back when i was in financial difficulties (the best timing).

 

i made an arrangement of £20 a month but i paid £30 a month into the current account

with the £10 covering interest. this all whilst on jsa too.

 

i struggled paying that along with other arrangements i made with them.

..i was really naive about what i could offer them but once i got advice on it,

i simply told them that i could no longer afford the arrangement

and it was apparently passed onto collections.

i don't understand it but my current account has now been closed.

 

i was expecting a refund of charges after a decision made by the Fos into that account.

the first instalment was made but nothing after and after making an of offer of payment of £1 a month,

i have had an acceptance of that offer from a solicitors of yb i think but the amount is a lot higher.

 

there's some letter and other charges apparently but the balance makes no mention of the refund i'm owed.

 

so what should i do?

i personally was thinking i'd outline all of this in a letter

but i wanted to get some advice first as when it came to my fos decision,

i wish i'd taken some help from here as the amount is nothing compared

to what i was really owed but because i was none the wiser,

i just thought it a really good offer at the time clueless me.

ahh well..live 'n learn eh

 

edit: i forgot to mention that i have a deadline for this token payment offer.

should i try and resolve the amount first and then pay

or make the payments £1 offer in the meantime?

 

thanks in advance for any help

Edited by functions
additional info included

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apparently everytime they send out a letter it's a 20 quid charge on the balance? the amount has gone up by £60 now in a little over 3 weeks. there's no way i'm paying that!

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Hello guys,

 

I could do with some help and guidance on this.

 

I've received a Northampton county claim form.

I did receive a letter back in July from Mortimer Solicitors

informing me that court proceedings will be started against me

but I didn't take it too seriously (big mistake there!) and now I'm facing this.

__________________________________________________________________________

Name of the Claimant: Cabot Financial Ltd

 

Date of issue – 14/08/14

 

What is the claim for –

1.Monies due under account overdraft. The claimant's claim is for the balance outstanding under a bank account facility Clydesdale Bank T/A Yorkshire Bank ("YRB") agreed to maintain for the defendant.

 

2.It was a term of the bank account that any debit balance be repayable by the defendant in full on demand.

 

3.Despite a demand being made, the defendant has failed to repay the amount due. The debt was assigned to the claimant on 1/7/2011.

 

The claimant therefore claims: 500

(the figure has been rounded down a little)

 

What is the value of the claim? 500 (rounded down)

 

Is the claim for a current or credit/loan account or mobile phone account? current overdraft account

When did you enter into the original agreement before or after 2007? After 2007

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. Issued by debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think I may have done. It's been past around from various DCA's.

I did get a notice of change of agent from Marlin recently

 

Did you receive a Default Notice from the original creditor? I believe so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Sorry, I'm not sure

Why did you cease payments:- financial difficulty - had become unemployed

Was there a dispute with the original creditor that remains unresolved? I was contesting bank charges at the time

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan? I did inform them of my financial situation and I do recall being sent out an income and expenditure form. I was on benefits at the time

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You must acknowledge service by the 1st September (19 days from the date the date being day 1) and defence will therefore be 15th September.

 

Go to the legal library and look for CPR 31.14 (Current Account version) and get that away today.How long is it since you made any deposits to this account?

Have you now isolated this account and set up a fresh banking facility?

 

Regards

 

Andy


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You need to bring forward each section in your timeline by one day - the count should include the actual date of issue.

 

So your timeline would be..

 

Issue date - 14.08.2014 + 5 days for service = 18.08.2014 + 14 days to acknowledge = 01.09.2014 + 14 days to submit defence = 15.09.2014 :)

 

I will alert others to your thread for advice.. meanwhile, you could send the following CPR request to the acting solicitor..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Oops sorry.. posting same time as AO :)

  • Confused 1

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You must acknowledge service by the 1st September (19 days from the date the date being day 1) and defence will therefore be 15th September.

 

Go to the legal library and look for CPR 31.14 (Current Account version) and get that away today.How long is it since you made any deposits to this account?

Have you now isolated this account and set up a fresh banking facility?

 

Regards

 

Andy

Thanks, Andy. Edited post.

 

I have an entirely different bank account now which is thankfully fine

and have no dealings with Yorkshire Bank since.

 

The current account associated with the overdraft was closed

and I have no idea about the savings account I had with them.

I made nominal payment of a £1 towards this debt back in 2012 but nothing since.

Just not received anything from them for quite a while.

I actually had a loan with them which is much larger than the overdraft amount.

 

You need to bring forward each section in your timeline by one day - the count should include the actual date of issue.

 

So your timeline would be..

 

Issue date - 14.08.2014 + 5 days for service = 18.08.2014 + 14 days to acknowledge = 01.09.2014 + 14 days to submit defence = 15.09.2014 :)

 

I will alert others to your thread for advice.. meanwhile, you could send the following CPR request to the acting solicitor..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Oops sorry.. posting same time as AO :)

Thank you kindly, citizenB. :)

 

I plan to get that letter sent today.

 

Sorry,

I forgot to ask

 

am I ok to acknowledge service and

my wish to defend the claim now on the MCOL site

as it mentions in the CPR 31.14 letter that I've done so?

I'm not disadvantaged for doing that now am I?

Edited by functions
Included a question

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No you can AoS now.


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Wow, I'd forgotten about the post and thread I made. I can't remember if I ever did get the other refund amount either. Hmm....

 

Okay, so I've acknowledged I'm wanting to defend the amount fully and sent off the document linked to today as well.

 

I mentioned I got a Notice of Change of Agent from Marlin which was on the 26/6/14 and having read it,

it mentions that my creditor Cabot has decided to appoint Mortimer Clarke Solicitors to take over recovery activity from us.

And that's when I got the letter from Mortimer Clarke solicitors about court proceedings.

 

 

Should another debt collection agency be telling me about the actions of what the new DCA plans to do?

I thought with a new DCA the whole process of chasing up the debt starts again.

 

Thanks for all the fantastic help and support so far.

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Makes no odds its the claimant (name) on the claim form that matters....have you sent the CPR to MC? Who were the original Sols named on the summons?

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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I think that Cabot - Marlin and Mortimer Clarke are probably all part of the same group. I would have thought that Notice of Assignment would come via either the original Creditor or the new Owner aka Cabot.

 

Who are acting solicitors ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes, I sent the CPR to Mortimer Clarkes Solicitors, address in Worthing, although should that have been to Cabot instead who are based in Kent as they are listed as the claimant on the claim form? neutral.gif The address for sending documents and payments on the claim form has listed Mortimer Clarke solicitors.

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Mortimer Clarke In house Sols for Marlin.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes, I sent the CPR to Mortimer Clarkes Solicitors, address in Worthing, although should that have been to Cabot instead who are based in Kent as they are listed as the claimant on the claim form? neutral.gif The address for sending documents and payments on the claim form has listed Mortimer Clarke solicitors.

 

Yes thats correct...to the Solicitors


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No thats correct...to the Solicitors

There is always the possibility that solicitors will reply stating they are not the creditor and the CCA request should go to the client (correct) as we see with Bryan Carter and others, one might expect the solicitors to pass on the request most do not.


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Thanks for all the help guys. :)

 

I guess it's just a case of waiting for their response?

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Indeed so!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Okay, I've got a response.

 

Letter from Mortimer Clarke's saying that they're taking client's instructions and will get back me as soon as they can and that they can confirm the client is willing to agree to an extension of 28 days for me to file my defence. 'Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.' So...what should I do?

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Yes exactly that, write to the court manager quote the claim number and state the agreement and the date made.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Wow, BRIGADIER2JCS. Thanks for your ever so speedy response! :)

I edited my post a little but advice about where to go next with this appears to take advantage of the extension.

I was worried it was some type of trickery.

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Hi, the sols might have been viewed as harsh/unhelpful had they turned down a reasonable request for an extension.

No tricks!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I just wish to quickly check something.

 

I'd had difficulty logging into MCOL at the time

I received the 28 day extension letter and having contacted the MCOL contact number, I was given an email address with regards to receiving or sending docs related to the case in the meantime.

 

I photocopied the extension letter I mentioned and responded to the email got an automatic acknowledgement.

 

However, I see no mention of it on the MCOL site now that I'm able to log in.

 

I don't need to provide a defence do I?

 

Bit worried as my deadline is nearing.

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MCOL does not show anything apart from acknowledgement and defence then it ends as the claim is transferred out to your local county court.

 

Regards

 

Andy


We could do with some help from you.

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hi guys

 

wondering if anyone can help me here.

i think i've really ballsed this up but any guidance on this would be most appreciated!

 

i've recently received an application notice (N244) form and a general directions order.

it looks like the stay had been lifted and i got a default CCJ?

 

this is the only legal document from CCBC i've received in 3 years relating to this debt which is now statute barred so i'm a bit blindsided.

According to the notes, no payment was made since 2010. i reckon my next step is to get this judgement set aside.

is that correct?

 

sorry, it's too late for me to edit my post now but having a read through again, i think the debt might not actually be statute barred because it was 2010 when the agreement was terminated and the last payment was made in 2012. sorry for the confusion - my memory's not great on this!

 

also i didn't fill in my defence because i was awaiting a response to my CPR 31.14 request which is where i messed up i think :sad:

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:smash::doh:

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also i didn't fill in my defence .... which is where i messed up i think :sad:

yep, that would explain the default judgment.

what do you want to do now, pay, instalments,..or?

  • Confused 1

IMO

:-):rant:

 

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