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


WOOD73
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http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

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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

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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

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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ouch could get sticky

 

 

have you done all of post 4

 

 

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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which is as it should be

no payment history?

 

 

you need to naildown your last payment

ring haliprat.

 

 

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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oppss...

 

 

ok well await the CPR

you never know!

 

 

but don't miss your def filing date

 

 

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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  • 2 weeks later...

defence was due today!!

 

 

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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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 halifaxlink3.gif/Bank of Scotlandlink3.gif

 

 

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 Procedurelink3.gif 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 creditlink3.gif 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.

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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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.

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usual crap by rectums

if you go read other like claims.

 

 

safe to ignore

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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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?

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yep

next move is rectums

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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  • 2 weeks later...

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?

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

We could do with some help from you.

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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

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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