Cabot/Weighmans- Claim form Halifax OD 'debt'

[fresh_start]

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Hi Guys,

 

I've had alot of debt problems from my past. Depression amongst other things led to me 'ignoring' instead of acting.

 

I've recently received a CCJ for another debt which was devistating for many reasons.

 

I now would really like to tackle my problems and sort them out.

 

I've received a claim form from the above for circa £2500. This was for an overdraft from 2012.

 

I know I do owe it. Maybe around £600 was daily interest.

 

I would love to make this CCJ go away for now and try to deal with things. But I can't see how.

 

There is a possibility I could borrow £800 max (very small chance). Is there any chance they would accept an offer of this to avoid CCJ?

 

Any other advice would be appreciated. I would like if possible to avoid this CCJ and completely ruin my future further.

 

Otherwise bannkruptsy might have to be done? I've just started a part time role and even then the security isnt guaranteed. I also have no assets.

 

Thanks

[AndyOrch]

Hi freshstart and welcome to CAG

 

If you could read the following and post your responses here...this will give you guidance on how to deal with the claim and also provide us with information to determine what options are available.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[fresh_start]

Hi Andy,

 

Thanks for that. Information below:

 

Name of the Claimant: Cabot

Date of issue: 06 Feb 2015

Current Acc/Overdraft value: £3340

particulars:

 

1. The defendant entered into a credit agreement described by the original creditor as HALIFAX - current account

and having account number XXXXXXXX (the account)

 

The claimant, a UK limited company with company number XXXXXXX, is the assignee and legal owner of all righs previously

enjoyed by the original creditor in respect of he account.

 

3. The defendant is indebted to the claimant in respect of the account in the sum of £3340.

 

4. The claimant claims the said sum of £3340, plus costs.

What is the value of the claim? £3603

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

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

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. Probably, DEBT PURCHASER

Were you aware the account had been assigned – did you receive a Notice of Assignment? UNSURE but likely

Did you receive a Default Notice from the original creditor? UNSURE but likely

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I DONT THINK SO

 

Why did you cease payments? Depression.

What was the date of your last payment? sometime in 2012

Was there a dispute with the original creditor that remains unresolved? NO

Did you communicate any financial problems to the original creditor

and make any attempt to enter into adebt management plan? NO

[AndyOrch]

Okay many thanks....

 

Your first task is to send the following to the solicitors named on the claim form....

 

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

 

You have 33 days in total subject to you defending in full........19 days to acknowledge service (6th Feb being day 1) you can do this on line once registered to use the MCOL on line service (details contained within the claim pack) your password is already on the claim for,

 

 

If it is your intention to defend in full you then have a further 14 days to submit your defence...so work out your dates and mark that date.

 

Regards

 

Andy

[fresh_start]

Thanks for this Andy.

 

The thing is that I know I have an outstanding debt, but chose to run. So I can't see myself realistically defending. What would be a relief in the first instance is any way of avoiding this CCJ.

[AndyOrch]

Well you still need to question it...and by defending in full this allows time to mediate and possibly resolve without the need to proceed to trial......anything less is an automatic CCJ...no way around it.

[fresh_start]

Many thanks for clarification Andy.

 

I've just acknowledged service and will send the letter out today.

 

Any ideas what my next move should be?

 

Is it worth calling and explaining my situation? that My income is very low. They would get £3-4 p/m max, and that id have to consider bankruptsy if this ccj stands as my chances of meaningful employment will be pretty much 0.

 

Any realistic chance they would agree a plan with no ccj or be open to a low settlement?

 

many thanks

[AndyOrch]

Its entirely your call if you wish to speak/write to the claimants sols with view to agreeing a settlement..with view to avoiding a CCJ...that they would be prepared to withdraw or discontinue the claim.

 

In the meantime to protect your own position...it is advocated that a defence is submitted on time...this has no bearing on your ongoing talks to try to resolve.

 

Andy

[fresh_start]

Many thanks for this advice Andy. I will send the letter off in the first instance and then try to figure out the best way forward....if indeed there is one

[AndyOrch]

Once they know you intend to defend...they are usually quite amicable ...its when they know you don't intend to defend the door slams:madgrin:

[fresh_start]

I'm with you now

 

Thanks for the heads up. Hard to stay focussed when something like this comes along and halts your progress.

 

It's nice to know there's support so thank you so much.

[fresh_start]

Hi guys,

 

I received the following yesterday. In response to my CRP 31.14 request.

Can anyone shed some light of what I should make of it? or indeed what to do next.

 

Many thanks,

 

Further to your correspondence dated 20 feb 15,

the documents which you have requested at paragraphs 4 to 8 of the same are not referenced within the claimants particulars of claim

and, as such, cannot be requested pursuant to civil procedure rule 31.14. in the event that you proceed to make an application under CPR 31.14

for disclosure of these documents, we hereby put you on notice that we will oppose the same, placing this correspondence before the court,

and seek our costs of opposing this application from yourself directly.

 

Whilst we have requested copies of your current account application form, together with monthly bank statements,

banking terms and conditions and notice of assignment from the original creditor,

it may take a period of time to obtain copies of these documents.

 

 

Once we are in receipt of these documents however, these will be forwarded to you without delay.

 

 

Please not that once directions have been provided by the court to take this matter to trial,

a deadline will then be provided for both parties to disclose all documents on which they seek to rely on at trial.

 

 

As the documents which our client will seek to rely on are likely to include some, if not all, of the documents listed above,

you will therefore be in receipt all documents relied upon in advance of any subsequent trial.

 

In accordance with CRP 15.2, you must file a defence to proceedings, by the deadline specified by the court,

should you wish to defend this claim to trial. In the event that you fail to do so, our client could request a default judgement

be against you pursuant to CRP 15.3 and CRP 12.3.

 

Please note, in the event you fail to file a defence within the specified time period,

resulting in our client obtaining a default judgement against you which you later seek to have set aside,

we will draw the contents of this correspondence to the courts attention both in opposition of your application

to have the default judgement set aside and on the issue of costs.

 

We trust that the above clarifies our client’s position but should you require any further information, please do not hesitate to contact us.

 

Yours faithfully

[oleg]

Standard template response. No action on your part required at this stage.

 

The PoC is craftily worded so as not to mention any document other than credit agreement , making this the only thing your 31.14 could realistically elicit. Don't worry : your defence will cover this.

 

And wipe from your mind bankruptcy for such small sums. It isn't going to happen.

[AndyOrch]

Just keep your eye on the defence date...10th March..nothing else.

 

Andy

[fresh_start]

thanks guys.

 

I guess I need to start thinking about what defence I have?

[AndyOrch]

Check the success forum and other likewise threads...you will get the idea.

[fresh_start]

Hi guys,

 

My defence is due tomorrow (6th Feb + 33 days). I've been looking around for a suitable defence but am struggling! and unning out of time.

 

Any help or pointers in the right direction would be really helpful please!!!

 

Many thanks

[fresh_start]

Can anyone help please? I'm struggling to be honest and running out of time.

[fresh_start]

even just a pointer would be helpful before i stress out completely!

[dx100uk]

ideally your def should have been filed by 4pm today!

 

 

why have you left it so late!!

 

 

ok lets see what we can find for your

[dx100uk]

1. The defendant entered into a credit agreement described by the original creditor as HALIFAX - current account

and having account number XXXXXXXX (the account)

 

2.The claimant, a UK limited company with company number XXXXXXX, is the assignee and legal owner of all righs previously

enjoyed by the original creditor in respect of he account.

 

3. The defendant is indebted to the claimant in respect of the account in the sum of £3340.

 

4. The claimant claims the said sum of £3340, plus costs.

Defence

 

 

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

Paragraph 1 is accepted, I have had financial dealings with Halifax in the past .

Paragraph 2 is denied, I am not aware or have ever been informed of any legal assignment of this account number to the claimant.

Paragraph 3 is denied with regards to the amount the Defendant is owing monies to the Claimant.

 

On receipt of the claim form the Defendant sent a CPR 31.14 request dated XX/XX/2014 for a copy

of the overdraft facility agreement,

Notice served under Sections 76(1) and 98(1) of the CCA1974,

notice of assignment

and a statement of account showing how the amount claimed has been reached, which forms the basis of this claim.

This was signed for by the claimants solicitors on XX/XX/2014. The claimant has yet to comply.

 

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify

their claim and against pre action protocol should be considered when the question of costs arise.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show Notice served under Sections 76(1) and 98(1) of the CCA1974

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is

owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief[/i]

[fresh_start]

I initially got the dates wrong! and now it seems I got the date wrong again. Panick and forget things.

 

Thanks DX...

[dx100uk]

ok found one I think

 

 

just gonna adapt it to your poc

if I can

 

 

dx

[fresh_start]

thank you so much DX

[fresh_start]

Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to

 

Is this part correct in my claim form? as it doesnt say anything about defaulting.