cabot/weightmans claimform - Clydesdale Bank OD - **Discontinued**

[brian36]

hi to all, this is first post and if ok will try give shortest version for you advice etc.

 

I had a overdraft of 2k with cbank in 2010

I started having health issues and ended up out of work during next few months,

at this time I had explained to bank who weren't interested.

 

 

also at time trying to claim back unfair bank charges.

it was getting to the stage I could no longer stay afloat and although now at 2012 I had paid the debit interest

since 2010 to stay under my 2k limit the bank refused to help even by freezing interest,

I told them I cannot pay.

 

 

this took me over the limit and I left as waiting to see if bank would pay back unfair charges which would clear the overdraft but they did not.

they refused to look at us under hardship terms although we were always in debt and really struggling,

a few months went by and I got the odd letter fron debt agency and to be honest can't remember if it was cabot at time

 

 

never the less time went on and although I had told cabot I did not except the debt

and it was wrong in my opinion that the bank had sold to them a disputed account.

 

 

it seems april 2012 that the balance was paid off but no mention on statement by who, cabot told me they took over on sept 2012.

 

now. earlier this year 2015 I started getting more letters of demand by cabot including offers to pay a reduced amount

but through principle my debt was with Clydesdale who I still believe due us and there was no way I was going to pay cabot

who I guess bought my debt for a lot less than 2k.

 

 

moving on I then started getting letters from weightmans and threats of taking to court,

it was now at this stage I decided yes take me to court maybe I can explain and see what happens.

 

now at stage where cabot had started cout proceeding via mc online and jumping ahead now have date to appear court which is later this month.

 

 

I did get notices and unsure of what to do I kind of put my own defence which looking at some here was very crap.

but they offered mediation I decided not to and then

 

 

a few days ago sent as instructed a copy of defence paperwork to court and weightmans

it was 2 days after that I received a basic letter from weightmans stating

" by way of service,we enclose a notice of discontinuance filed and served at court today on behalf of the claimant"

 

along with the letter is the notice and not knowing what is it says to the court the claimant xxxxxxx all blanked out,

discontinues all of this claim xxxxxxxxx blanked out and against the defendant xxxxxxxxx big sentence blanked out

and finishes I certify that I have served a copy of this notice on every other party to the proceedings.

 

firstly I assume whatever I had done in my defence it worked, and does this mean its over?

 

can they try again?

 

 

and if so what should I be looking at doing?

 

 

many thanks for your help

[dx100uk]

they'd be silly too

have you rung the court to confirm its been disc'd?

 

 

dx

[brian36]

not as yet but think I will now, thanks

[dx100uk]

that would be logical:lol:

[brian36]

so just called court and they checked it seems case closed, they have decided not to go ahead , take it that's good.

[dx100uk]

so they positively confirmed they had received notice of disc from the claimant?

 

 

dx

[brian36]

yes she asked reference number and checked and said " they have discontinued so case closed"

[dx100uk]

great another speculative claim bites the dust

[dx100uk]

for the help of others

 

 

it would be nice if you posted a brief outline of your successful defence

 

 

dx

[brian36]

yip , don't know what I said or done but it seems to have worked,

 

 

thanks to all and I have just made a wee donation and hopefully won't have to use again

but I appreciate the fact that places like this are there, thanks again

 

regarding my defence,

I simply wrote to the court on money claims online,

saying that I intend to fight this as I do not believe I should pay a company such a sum of money

for a account and overdraft that I already dispute.

 

 

I believe I am the kind of person to pay if this is right but in this case I do not think it is.

I also wrote that I have been in touch with bank and intend to complain to the ombudsman on the handling of my account which I did.

 

 

I also pointed out that as it does not state on my bank statement that cabot paid the 2k plus how do I know they did,

and if the bank won't give me proof and cabot refuse too then anyone could have paid that..

 

 

and lastly I have paid albeit the interest on that overdraft for almost 2 years which amounts to over 800

and It looks as though the bank is not going to payback my unfair charges then I am already out over 3k

yet the bank have made the 800+ and the amount for selling my account which leaves just a few hundred out for them,

 

 

and then theres cabot who I guessed paid 6% yet wanted over 100%

so I said there is no way I am paying it

 

 

I never asked them to buy my debt and as its disputed more fool them .

 

 

that was it really

Edited June 22, 2015 by brian36