Cabot/Restons claimform - old LLoyds OD 'debt'

[designer 14]

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

[dx100uk]

could you please fill this out and paste the results here

 

 

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

 

 

dx

[AndyOrch]

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

[designer 14]

Big help thanks Andy, my sons back today im hoping he will be able to help sort the rest of typing out, its only took me 4 days to get this far.

[dx100uk]

so we need

the original creditor

the claimant

the sols

 

 

and you defence posted up too.

[designer 14]

cabot-restons

[dx100uk]

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.

[designer 14]

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.

[designer 14]

Issue date November 2014

[dx100uk]

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

[designer 14]

nothing at the minute dx

[AndyOrch]

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

 

Andy

[designer 14]

is that it at the minute then do you think

[dx100uk]

well I would assume the claim is stayed

 

 

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

 

 

dx

[designer 14]

yes was filed correctly got email back from court also the solicitors stated in their first letter

[AndyOrch]

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

 

Andy