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Cabot/Restons claimform - old LLoyds OD 'debt'


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i recently had a claim from a county court

 

the poc are vague it simply states;

 

On or about you owed the money under a "contract" between the bank and you for a current acc.

 

i put a defence in to the court stating i knew nothing of this debt

asked for copy of assignment

also copy of agreement/contract,

 

the debt company wrote back with copy of assignment from bank

also one from them(first id saw any)

 

it also stated a current acc has no credit agreement,

 

terms and conditions would have been provided,

once id used the account i would be bound by them this forming a contract.

 

i did have cpl account years ago which i tried to reclaim ppi and charges,

they paid out on another account but refused me on the current acc which had o/d facility,

 

i queried this as far as i was aware the account was in dispute

i was sure at the time they owed me more than i owed them

which i repeated to several other debt collecting company's who all ceased correspondence,

not heard any more for a good time now,

 

this claim came out of the blue,

 

after reading many threads im wondering if i would be right sending a sar request to the bank

or to this debt collection company;

 

also as poc says owed under a contract which they dont seem to have

 

should i write back to the court stating this as it seems misleading to say the least,

 

i would very much appreciate some advice which way to go

 

many thanks

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You have received a claim form.

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? CABOT

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Nov 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The Claimant claims payment of an overdue balance due from the defendant (s) under a contract between the defendant and (Bank) current account number xxxxxxxxxx

Dated on or about xx January 1999 and assigned to the claimant July 2014

 

What is the value of the claim? £3500

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account

 

When did you enter into the original agreement before or after 2007? Jan 1999

 

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. Yes

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Would not refund charges and PPI

 

What was the date of your last payment? August 2010

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes/No

 

What you need to do now.

 

What to do now

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

Request 2 - Current accounts

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

 

If you want advice on your Topic please PM me a link to your thread

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so we need

the original creditor

the claimant

the sols

 

 

and you defence posted up too.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

can we have

the date on the claimform top right

 

 

what you filed as your defence

and who the solicitors are that cabot are using.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

defence was,

 

 

I have no knowledge of any assignment

could i have a copy also a copy of the agreement.

 

 

.. i received letter noting i had filed defence,

 

 

explained acc had been assigned on or around july2014

 

 

enc 2 letters of assignment,

 

 

i replied could i please have a copy of contract/agreement.

 

 

their reply stated it is outstanding balance from a current acc facility therefore,

three is no credit agreement i would have had a copy of terms and conditions which governed acc,

by utilizing the acc you agreed to be bound by the t+c, therefore a contract was formed.

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right good we got there.

 

 

so since you filed your defence

 

 

all you have had is the std reply from rectums

stating that they are not going to reply to your CCa request

as it does not apply to current account

 

 

ok so they claim is currently stayed

and rectums nor the court have sent anything further?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

So what do you need advice on designer 14 ...the claim is stayed.

 

Andy

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

 

If you want advice on your Topic please PM me a link to your thread

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well I would assume the claim is stayed

 

 

did you get notification that your defence had been filed successfully?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Nothing for you to do do then until the claimant attempts to revive the claim.

 

Andy

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

 

If you want advice on your Topic please PM me a link to your thread

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