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Cabot/Mortimer - Claim form Yorkshire Bank Overdraft


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Hi guys, hoping to get some advice - if anyone has a bit of spare time to read through and make any suggestions it would be very much appreciated. Please see the info below for the current situation:

 

Claim issued by Cabot Financial (UK) Limited

 

Date of issue – 8th Feb

+ 19 days = 26th Feb, + 14 days = 4pm Friday 10th [revised - dx]

 

Particulars -

 

"Monies due under current account overdraft.

1.THe claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bank agreed to maintain for the defendant. It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand. The defendant has failed to repay the amount due. The debt was assigned to the Claimant."

 

Value of claim - £1000 - this includes the overdraft amount of £850 and court and legal representative costs of just under £150

 

Overdraft from a basic current account

Account opened 2013

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, went through a phase of not opening letters and moving address

Context - this was a basic account with no arranged overdraft facility. I was suffering from an addiction at the time which meant I uncontrollably spent all money effectively as soon as it was available, however I was able to go £900 overdrawn on the account (not a planned or arranged OD, this would definitely have been rejected if applied for).

Account has not been used since 2014.

 

I have sent no communication to either Yorkshire Bank or Cabot.

 

Is the first step to send a CPR31.14 to Mortimer Clarke (listed as solicitors on the form)?

 

I don't expect to be able to defend it successfully as I do owe the money,

if I am going to lose the case my best option seems to be to try and delay any judgement for 3/4 months,

by which time I will have saved the money and then can pay it within a month after the judgement which therefore it means it won't show on my credit report - is this correct?

 

Many thanks for any help.

Edited by srt9
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Hi There

 

One of the guys will be along shortly.

 

Dont forget that Mediation is an option if it gets that far. But we can help :)

 

We could do with some help from you.

 

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so if I am going to lose the case my best option seems to be to try and delay any judgement for 3/4 months, by which time I will have saved the money and then can pay it within a month after the judgement which therefore it means it won't show on my credit report - is this correct?

 

Many thanks for any help.

 

If this is the case, why not offer them a consent order (Tomlin order).

Offer to start the payments on , with monthly payments of . If you would be saving up the judgment total over the 3-4 months, it means you could offer to start paying on the date you'd otherwise have started saving .....

 

Advantage for you : no CCJ (and no risk they get the judgment too early enough that you then don't get it all paid before it goes on the register)

Advantage for them : they get a 'slam dunk', (and even if they had an almost certain case, it removes any 'litigation risk' for them).

 

However, for the moment it would be wise to ensure that it is the case that you have no defence, in case you do have one!.

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Thank you, I didn't realise a consent order was possible at this point and thought it must reach judgement stage.

 

I agree it is best to check if I have a valid defence first as that would naturally be preferable.

 

Should my next step from here then be to send the CPR31.14 to Mortimer Clark Solicitors?

 

Should I also send the DSAR as mentioned above and would this go to Mortimer or Yorkshire Bank? Thanks.

 

I believe I have until the 26th Feb (19 days from issue date) to respond

- if I responded now stating that I wished to defend it would I then still be able to offer a consent order after this point?

 

Apologies for all the questions and many thanks for your above reply.

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not worth an sar

 

takes too long at this stage ....

 

and as you say you did have the money and its from 2013

 

so I bet theres no wriggle room here

 

unless the balance has got loads of penalty charges that can be negotiated away at the time of tomlin?

 

can you not get at the statements online?

I bet you can

or take a punt and ring YB and ask for a list of the charges levied on the account

 

get the claim ack on mcol though and get the current account CPR 31:14 running now today by 1st class post

 

don't rush into the tomlin yet nor ring cabot/Mortimer either

 

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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Thank you, I didn't realise a consent order was possible at this point and thought it must reach judgement stage.

 

I agree it is best to check if I have a valid defence first as that would naturally be preferable. Should my next step from here then be to send the CPR31.14 to Mortimer Clark Solicitors? Should I also send the DSAR as mentioned above and would this go to Mortimer or Yorkshire Bank? Thanks. I believe I have until the 26th Feb (19 days from issue date) to respond -

 

Hopefully others can guide you through, but in general SARs go to the original creditor, and CPR31.14 to their legal representative (if they try to dodge it on grounds the case MAY go to the small claims track, remind them if it hasn't yet been allocated to that track!)

 

if I responded now stating that I wished to defend it would I then still be able to offer a consent order after this point? Apologies for all the questions and many thanks for your above reply.

 

You can offer a consent order at any point prior to judgment ...... bearing in mind they can still decline it, and the closer they are to judgment, the less inclined they may be to accept if they feel they have a very strong case (as there is less time for 'litigation risk' to reveal itself!).

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Thanks guys.

 

I can't login to the account online anymore

however the £900 overdraft balance does not consist of any fees/penalty charges for being overdrawn

so I don't believe this is an option.

 

 

The account was the one they now call ReadyCash which is the most basic of accounts which has no fees (and supposedly no overdrafts).

 

 

I'll get the CPR31.14 sent out ASAP today,

thanks.

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don't forget to ack the claim on MCOL website

 

 

and please not

your defence is due 4pm Friday 10th

as day 33 falls on a w/end.

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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If it had no OD, how come you managed to run one up?

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Due to their banking systems/possibly a glitch.

 

At approx. 11pm at night it seemed the system updated for a while and any transactions I had made that day would disappear, allowing me to spend that money again.

 

Eg I have a balance of 100, spend 50 a day my available balance would show as 50.

 

Around 11pm it would show as 100 again before updating correctly the next day.

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if you could produce evidence to support that, I think that you would have a very good defence.

 

Did they never send you any warnings about your OD?

 

Did you never incur charges on it?

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Due to their banking systems/possibly a glitch. At approx 11pm at night it seemed the system updated for a while and any transactions I had made that day would disappear, allowing me to spend that money again. Eg I have a balance of 100, spend 50 a day my available balance would show as 50. Around 11pm it would show as 100 again before updating correctly the next day.

 

Was the overdraft incurred on one night, or the use of this glitch in more than one occasion?

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if you could produce evidence to support that, I think that you would have a very good defence.

 

Did they never send you any warnings about your OD?

 

Did you never incur charges on it?

 

I believe I was sent letters advising I was in unauthorised overdraft etc so was probably sent a few warnings - I ignored these as was in a pretty bad way addiction wise at the time (now much better thankfully). There were no charges for being overdrawn - I've just been on the Yorkshire Bank website and for this basic account it states "There is no overdraft facility available on this account." under overdraft charges.

 

Was the overdraft incurred on one night, or the use of this glitch in more than one occasion?

 

The glitch was used on more than one occasion, every night at 11pm the same thing would happen as their systems updated. This isn't to say I used the glitch every night but did sometimes. My wages etc would then go in and pay it off, apart from this time where I couldn't afford to pay it off so left it and opened up a new account elsewhere.

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" I've just been on the Yorkshire Bank website and for this basic account it states "There is no overdraft facility available on this account." under overdraft charges."

 

Then this should be relatively easy to defend ...have you acknowledged service of the claim and stated you intend to defend all ?

 

Regards

 

Andy

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I wasn't sure if that would be a valid defence or not.

I don't have access to the Ts & Cs of the account from when I set it up, however these are part of what is currently listed:

 

(b) you cannot use the Readycash Account to have an overdraft. This means that we will not agree to provide you

with Planned Borrowing and we will only allow Unplanned Borrowing in the following exceptional circumstances:

 

(i) your card is used at a retailer where that retailer is not required to check, or does not check, whether you

have enough money in your account before accepting payment or is allowed under the arrangements of

the relevant payment scheme to charge a higher amount than originally authorised (for example where

retailers are permitted to substitute alternative goods which may have a higher price or transactions for

hotels or car hire services);

 

(ii) for foreign card payments fluctuations in the relevant foreign exchange rate between the date of the card

transaction and date the transaction is charged to your account may result in a charge which is higher than

the amount which was originally authorised;

 

(iii) previously authorised transactions are passed to us for clearing outside of our normal timescales;

(iv) we have to take the money out of your account when a cheque you paid in is returned unpaid; and

(v) you do not have enough money in your account to pay fees for any services;

© we will not charge you the Returned Item Fee or any unplanned borrowing fees

 

I have sent the CPR31.14 form and will be acknowledging and stating I will defend the claim when I'm back home from work tonight and have the reference number to do it online.

 

Thanks

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Black and white really ...if there is no overdraft facility available on the account ...then they will have to justify how the debt accrued......a DCA is not in a position to do that and if it was Yorkshire Bank that issued the claim ...which they never would...would sooner pull their nails out than admit a Bank created debt.

We could do with some help from you.

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

 

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Sounds good to me, thanks.

The only thing is I assume I will need some evidence to prove it was a Readycash account

- the Yorkshire Bank statement I have just says "current account" as does the claim form.

I guess the account type will be shown in an agreement document they return to me after the CPR31.14?

 

On a more confusing issue, I've just got home from work and there is another claim form here.

 

This is for the same debt, the figures are exactly the same as are the particulars.

 

The only things different are the issue date (9th Feb) and the reference number.

 

It seems Cabot have filed this twice (I'd assume by mistake)

- how should I handle this, defend them both?

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There wont be any agreements...this is an overdraft facility..

 

As the new claim got a different claim number?

We could do with some help from you.

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If they don't send anything to prove which type of account I had I might struggle with the above

- should I consider contacting Yorkshire Bank to try and obtain this?

 

Yes there is a different claim number.

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If they don't send anything to prove which type of account I had I might struggle with the above - should I consider contacting Yorkshire Bank to try and obtain this? No they no longer own it..Cabot are now the legal owners

Yes there is a different claim number.

:roll:

 

Ring Cabot up on Monday and ask which one do they wish to pursue and ask they discontinue one of them.

 

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 OTHERS

 

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

 

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does the POC have an account number in it?

 

 

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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Share on other sites

There is no account number mentioned - it is just the text

 

1.THe claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bankicon agreed to maintain for the defendant. It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand. The defendant has failed to repay the amount due. The debt was assigned to the Claimant."

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  • 4 weeks later...

Hi,

 

So to update

I sent off the CPR request a few weeks back, along with another letter enclosed advising they had made a duplicate claim and asking them to confirm they would cancel one and which claim this would be.

The CPR request I sent specifically referred to both claim forms just to cover myself.

 

I finally received a reply yesterday (2 days before defence due).

 

The reply said that they do not hold original documents and will try and locate these, no further action will be taken at the moment.

 

 

The bit I'm concerned about though is that this only referenced one of the claim form numbers

- they did not acknowledge the second one nor reply to the other letter asking which case they would close.

 

i would assume the letter stands for both claims but just want to make sure.

 

Will Mortimer have informed the court about no further action, or do I need to do so?

 

Will I still need to file a defence, and if so would the defence be just the letter they have sent me or more?

 

Thanks for any help.

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