Cabot/restons claim form - old Halifax OD 'debt'

[WOOD73]

I have received a county court claim form for an overdraft I had with Halifax, the claimant is cabot.

I do owe the money and don't deny it, how best should I proceed?

thanks

[citizenB]

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

 

If you could provide us with answers to the questions asked in the link above, please - then we can advise you how best to deal with this.

[WOOD73]

Thank you for your response,

I have looked at the link and answered the questions :-

 

 

date of issue 01-09-15

1.The claimant claims payment of the overdue balance due from the defendant

under a contract between the defendant and halifax dated on or about jan 03 2011

and assigned to the claimant on may 18 2015

 

default balance £3472

post refrl nil

total 3742

 

total amount 4007 inc court costs and solicitors costs

 

 

the claim is for an overdraft

entered into the contract after 2007

 

it is cabot who have issued the claim

I possibly received a notice of assignment, but not 100% sure.

 

I possibly did receive a default notice

 

I do not recall receiving any "notice of default sums"

 

As it was an overdraft there were no regular payments,

due to personal family circumstances i was unable to meet the interest payments on the overdraft so started using a different account

 

i did not communicate any financial problems or make any attempt to enter debt management due to mental breakdown at the time.

 

hope this helps

[dx100uk]

ack the claim defend al on mcol website

 

 

get a CRR 31:14 current account version fron the library legal section

running to the sols.

 

 

when did you last used the account or make a payment please?

 

 

check a cra file provider or give Halifax a ring and ask.

 

 

dx

[WOOD73]

cpr 31 sent.

I stopped using the account in 2012 as the overdraft charges were swallowing my income, I then buried my head.

I realise this should have been dealt with long ago but here we are.

[dx100uk]

ouch could get sticky

 

 

have you done all of post 4

 

 

dx

[WOOD73]

yes, the only reference on noddle is the cabot default

[dx100uk]

which is as it should be

no payment history?

 

 

you need to naildown your last payment

ring haliprat.

 

 

dx

[WOOD73]

after a fair amount of digging, it appears the last time money went into the account was march 2012.

[dx100uk]

oppss...

 

 

ok well await the CPR

you never know!

 

 

but don't miss your def filing date

 

 

dx

[WOOD73]

as of yet no reply received.

[dx100uk]

defence was due today!!

 

 

dx

[dx100uk]

go file this NOW on mcol

 

 

did did ack the claim didn't you...

YOU NEED TO ADAPT THE BELOW TO YOUR DEFAULT AND NOA you mentioned

DID YOU FIND THEM?

 

 

you've really left this late

 

 

1. 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.

 

 

2.Paragraph 1 is noted. I have had Accounts in the past with halifax/Bank of Scotland

 

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,

 

 

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

 

 

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

 

 

6.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.

 

7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[WOOD73]

I have left it late (the problem with working away),

 

 

I have just logged into mcol and the last item in the history was my acknowledgment of service.

 

I will submit this defence right now.

 

The cpr31.14 request was received and signed for but not until the 29th sept,

 

 

this took 14 days to be delivered,

 

 

however on the tracking details it says recipient collected

 

 

so I presume delivery was unsuccessful or a signature unavailable.

[WOOD73]

ok just actually received a response from restons.

[dx100uk]

usual crap by rectums

if you go read other like claims.

 

 

safe to ignore

[WOOD73]

I have had a read of other similar threads previously, and it does seem like a pretty standard response.

How do I proceed from here, I have filed the defence as above but do I now just wait?

[dx100uk]

yep

next move is rectums

[WOOD73]

Big problem!

The claim was in joint names, mine and my wife's, I have submitted defence etc. but have just received a judgement through in my wife's name.

It is the same claim number so presumed there was only one actual claim.

what do we do now?

[AndyOrch]

Make application to set a side using the N244..and explain your misunderstanding.

[WOOD73]

I have downloaded n244 what do I need to put on it, and who do I send to?

[AndyOrch]

That court that has issued the judgment...the order you are requesting is that judgment dated xxxxx against xxxxxx be set a side.The claim form issued in joint names I was not aware that both parties had to submit defences.My husband xxxxxxx has submitted his defence and we thought that only one defence was required.We respectively request that court allows this application in view that we as litigants in person did not fully understand the consequences or procedure in responding to the claim.

 

Fingers crossed....fee is £155 with a hearing...if you can get the claimant to agree without an hearing its only £55.

 

Regards

 

Andy

[WOOD73]

I cant see the claimant agreeing very easily, as this is a result for them!

[AndyOrch]

£155 it is then

[WOOD73]

Ok, thank you N244 filled in to be sent Monday morning.