Cabot/Restons Claimform - old Halifax Current account OD debt

[skanker]

Thanks for the advice/info.

 

I've not CCA them yet but will get that sorted this weekend. Are you suggesting i've left it to late?

 

Edit: just seen in the claim info link on here that a CCA request is not needed for an overdraft.

Edited January 22, 2016 by skanker

[skanker]

Name of the Claimant ? Cabot financial UK LTD

 

Date of issue – 18th January 2016

-

5th February to acknowledge claim

19th February to submit defence

 

What is the claim for – Halifax Overdraft

 

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

under a contract between the defendant and Bank Of Scotland dated on or about June 22 1995

and assigned to the claimant on August 03 2012

 

What is the value of the claim? £2059.57

Total with court fee and legal cost £2244.57

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

 

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

 

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. "CABOT"

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that i can recall

 

Why did you cease payments?

I was paying eleven creditors a token £1 payment each month. Decided to stop them all to see what happened

 

What was the date of your last payment?

02/03/2015 (had been making token £1 payment on this account to various different DCA's since 2008)

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes

Edited January 22, 2016 by skanker

[renegadeimp]

Ill ask an admin to move this thread to the correct forum.

 

Ignore the CCA as i didnt read the overdraft part.

 

Also, youv ebeen paying random DCA's for the debt, which means it is a lemon debt otherwise they would have taken you to court.

 

As i said, cabot have complete disregard for rule and regulation and issue claims like confetti.

[citizenB]

Moved to Financial Legal forum as requested.

 

So you have been making token payments on the account?

 

Your timeline is as follows :

 

Date of Issue = 18.01.2016 + 5 days for service = 22.01.2016 + 14 days to acknowledge claim = 05.02.2016 + 14 days to submit defence = 19.02.2016.

[citizenB]

Do you own your own home ?

[dx100uk]

did you send that sar off? to hbos

 

dx

[skanker]

Also, youv ebeen paying random DCA's for the debt, which means it is a lemon debt otherwise they would have taken you to court.

 

As i said, cabot have complete disregard for rule and regulation and issue claims like confetti.

 

Thats correct, My overdraft account has been with a few different DCA's and ended up with Cabot.

Unfortunately for me they have also acquired three other accounts in my name so im expecting to have to go through this process a number of times yet.

 

Moved to Financial So you have been making token payments on the account? .

 

Yes i have since 2008 up until March 2015 i paid £1 per month to all my creditors.

This was the advice i received from consumer credit counselling service back when i originally defaulted back in 2008.

None of my creditors complained and i was worried about any consequences so i just let the payments run right up till last year

 

As for my home, i can confirm i do not own it

 

did you send that sar off? to hbos

 

dx

 

Regretfully i did not. Part denial part health issues over recent months contributed in me putting it off which was obviously the wrong decision.

 

When i posted a few weeks ago i honestly thought that letter i uploaded would be as far as this would go.

 

To do List:

 

1: Sort CPR31.14 letter

2: S.A.R both Halifax and cabot?

3: Respond to claim with my intention to defend

4: ?

5: ?

6: ?

[AndyOrch]

Hi

 

Okay ...you need to register with MCOL to get your username then you can deal with all this on line...the instructions are contained within the claim pack.....your password is already printed on the claim form.

 

First task is to send the following...follow the instructions provided within the link.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Your time line is above post#29...follow those dates very carefully......your second task is to acknowledge service of the claim....you have 19 days from and including the date on the claim for.If you intend to defend the claim in full you will get a further 14 days to submit your defence (we can assist with that).,,,so 33 days in total.

 

All for now...apart from read ...read ...and read more..familiarise yourself with the process from other posters threads.

 

Regards

 

Andy

[skanker]

Hi Andy and thank you.

 

Im not going to lie this is daunting for me but i do intend to defend this best i can and i truly appreciate all the assistance offered on the site

 

Cheers!

 

Ok,

 

I've just registered to the MCOL site and sent my acknowledgement of service (i intend to defend in full)

 

CPR31.14 request is printed and will be posted recorded delivery first thing Monday morning.

 

Regarding the CRP31.14 request. Do i need to include a payment with this letter?

[AndyOrch]

Ok,

 

I've just registered to the MCOL site and sent my acknowledgement of service (i intend to defend in full)

 

CPR31.14 request is printed and will be posted recorded delivery first thing Monday morning.

 

Regarding the CRP31.14 request. Do i need to include a payment with this letter?

 

No

[skanker]

Thats good to know. cheers

 

also, regarding the SAR address for Halifax. There appears to be a number of different ones floating about on this site alone.

 

Can someone advise which is the correct one please?

 

halifaxicon DSAR

Charlton Place (C42)

Andover

Hants

SP10 1RE

 

 

Data Unit

Freepost NWW15306

City House

City Road

Chester CH88 3YZ

 

Bank of Scotland (Inc AA loans)

Customer Care Centre

4th Floor Premier House

City Road

Chester

CH1 3BE

 

Halifax

Customer Relations

PO Box 548

Leeds

LS1 1WU

[fkofilee]

Andover is correct

[dx100uk]

Check the HBOS forum sticky

[oleg]

You said you have several debts. An SAR can cover all your dealings with a company so if any are with other parts of Lloyds Banking group ask for all . Save yourself less future bother and give them more.

[skanker]

That is good news as i have three accounts with Halifax which were defaulted on. Thanks for the heads up

 

Andover is correct

 

Thanks but im more confused now as when checking the HBOS sticky as per DX100's advice that thread is advising using this Leeds address below.

 

Is there a definitive answer to this question or do they have a number of facilities processing these requests?

 

I could send one off to each address but i dont want to waste £10 if possible

 

HBOS

DSAR

PO Box 791

LS1 9LR

[fkofilee]

Checking Halifax;

 

DSAR

PO Box 791

Leeds

LS1 9LR

 

Send it there, but i probably imagine it would be sent to Andover anyway... Big Op there.

[skanker]

Many thanks for the quick reply. I'll get this posted now.

[skanker]

Hi Guys

 

Just had a letter today from Halifax which i have attached regarding my DSAR request.

 

Im annoyed as they say i sent in a photocopy of a LOA but i did not. This is obviously going to delay this request and im already cutting it fine.

 

Regarding the LOA/SAR, im not sure what to do. The letter i sent was copy/pasted from this site and signed by myself in black ink. what more can i do?

[AndyOrch]

Send them an email...state that you have no Idea what they are on about LOA...and that their 40 days remains in place from date of receipt irrespective of their time wasting excuses.

[skanker]

Thanks Andy, will do mate.

i need to be a little more bullish in these matters im beginning to discover.

[AndyOrch]

Thanks Andy, will do mate.

i need to be a little more bullish in these matters im beginning to discover.

 

Absolutely..get nowhere pussyfooting around with these lot.

[skanker]

Well, having read a fair amount of threads on this matter and this Restons company, i've not come across this response yet which i received today regarding my CPR31 request.

 

Apparently i need to provide a signature to 'prove' who i am.

how do i proceed?

[AndyOrch]

No you dont respond...just state in your defence that the claimant has frustrated all attempts to clarify the basis of this claim by way of a CPR 31.14 request and has declined to respond.You trust the court will take this into consideration when the question of costs are determined

 

Andy

[skanker]

I see,

In the eyes of litigation does this letter not put the ball back in my court?

 

As much as i know they are playing games, technically the wording on their response is requesting more information from myself. If i don't respond will this fact not give them an argument against my defence if it eventually goes before a judge?

[AndyOrch]

They are not asking for further information from yourself...they want a signature...which is just an excuse to avoid their responsibilities to comply to your civil request.

If you fell better about it sign it .....uniquely..different to your normal signature...but you still wont get a response...signature or not.