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Cabot/Restons claimform - old Halifax Credit card - fraud use+Poss SBd

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Hi

Brand new here but hope someone can help as all very stressful.

 

I have a debt of about £12.5k that Restons have taken (although court letter says its Cabot?).

I have a few issues and appreciate I need to reply back to the court within the next week but want to ensure I cover all bases.

 

The reason that I stopped paying the card was because I had my identity stolen

(this was acknowledged by the police and proven when I applied for an updated driving license and told I couldnt as didnt give them the correct address!!)

 

The debt was with Halifax and although we had plenty of discussions back in 2009 they did nothing and I was convinced at least some (not all) of the spend on that card was fraudulent.

 

According to Restons the card default date was 21/11/11 but I am 100% sure that I have not used the card since maybe 2 years earlier.

 

2 years ago Restons were trying to get me to agree a reduced payment.

I contacted a debt charity Step Change and they advised it would be worth at least looking at what I could pay as I admitted owing at least some of the debt.

 

I sent the Charity back various forms and they said Restons point blank refused any offer of part payment as wanted to take me to Court for the full amount.

 

2 years passed - not a word then I get a county court letter through the post.

Last week. So I really just wanted to know my best approach.

Its such a long time ago I have no original statements from that account.

 

Any help would be really appreciated as not sleeping at all with this hanging over me :)

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Name of the Claimant ? Cabot Financial UK Ltd.

 

Date of issue – 21/8/2017

Date to submit defence - 22/9/17

 

What is the claim for –

1. The Claimant claims payment of the overdue balance due under a contract between the defendant and Halifax dated on or about Sept 2003 and assigned to the claimant on Jul 18 2014

 

What is the value of the claim? £13k

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

 

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

 

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. Issued by Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

Did you receive a Default Notice from the original creditor? Cant recall

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Yes

 

What was the date of your last payment? I believe around 2009 but do not hold the records

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? I made them fully aware that my identity had been stolen

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if you've not paid in the last 6 yrs then the debt is statute barred

 

 

you can ring Halifax and ask if you need to be 100% sure

 

 

dx


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Thanks so in terms of next steps do I respond online to the Court to say I am defending to ensure that I have responded? Just aware that I have to respond in time to ensure a judgement is not made if I time out.

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx


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I have completed the online piece and drafted the 2 letters to send tomorrow - will see what I get back.

 

 

Thanks for the clarification and support so far, very helpful indeed.

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don't forget to ring Halifax

that date could be critical


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I tried to ring them yesterday - I was told they could not help as they no longer owned the debt?

I was planning to try again during week day working hours as might get a more helpful response (hopefully)

 

I am pretty sure the date they have quoted is incorrect but will be reliant on them providing me with the detail as I just dont have the records..not sure what I do if they stick to their current position..

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grr.

tell them if they don't give you the info your want

you'll be straight on the phone to the Information Commissioners Offce

demand to know why Halifax will not comply with

the Prevention of Fraud Act

and

THe data protection Act

 

 

if the operator you speak to wont demand to speak to a supervisor


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Not much progress so I guess I will need to post me defence online soon.

Got a reply back on the 31:14 saying they did not have to send me anything

Still nothing from Halifax but Court papers saying default was Nov 2011

 

I cant really wait too much longer to start a defence if I cant prove that the Nov 2011 date is wrong..

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did you ring Halifax again and quote dpa etc

default could have been filed months later


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Hi yes I have tried them 4 times now still nothing.

2 people said whatever is on your credit profile is whatever it is and 2 have said they have no obligation to discuss it with me as they do not own the debt!

 

I would have thought if they wanted to it would be as simple as looking at a screen so very frustrating !

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and did you report them to the information commissioners offce for refusing the data?

 

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Thats a good point no I havent followed up and called the ICO - that is my first job for Monday!

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Hi just an update - gave Halifax one more go this afternoon, actually got someone who (hopefully) will be helpful. Couldnt provide me with the detail I need on the fly but have promised to go and find it and call me back tomorrow - gave me name and direct number so might actually get somewhere.

 

Just as a sanity check - how long do I have time wise to sort this out? Received the original court letter on 26th August but was dated 21st August?

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all in post 3 already.

by 4pm Friday

 

 

dx


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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The CAG Interest Tutorial Read Here

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Thanks

Still heard nothing back re the CCA request and just got a nothing reply for the 31:14 request (ie we will not send you anything) hopefully the Halifax reply will provide me with all I require.

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it would be nice if this were SB'd far easier to defend


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Just as an update - if you can really call it that...

 

Halifax are now telling me they cannot find my files online and therefore cannot help me (even though I said I would refer to the ICO)

 

 

they said I would now have to go into a branch who (might) be able to help...really at my wits end here !

 

I have logged a complaint with the ICO

 

My concern is if nothing happens I have no SB evidence so will then need to decide whether any of my defences actually stand up.

 

 

Not sure how this works.

What are my options?

Very very stressed out here :)

But thanks for the info and guidance already given

- really useful.

 

Just had the ICO back - apparently they recommend I request full disclosure from the Halifax BUT they have up to 40 days to respond - I do feel that I have a bit of a stacked deck here....

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Just had the ICO back - apparently they recommend I request full disclosure from the Halifax BUT they have up to 40 days to respond - I do feel that I have a bit of a stacked deck here....

 

Not much use if your defence is due this Friday


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well just have to go with the no paperwork/holding defence

its in lots of threads here already

 

 

then if it does go as far as disclosure [witness statement] stage

and they disclose a statement [which they must]

it might well prove SB'd then.

 

 

but I've a feeling they'll not provide you with that info to hide the fact it is

so strict proof to provide prevails


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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So im just in the process of entering my defence (as need to get it online before 4pm tomorrow). How must should I write?

 

I have had nothing back from the CCA request at all and the CPR 31:14 was basically palmed off with them saying they dont need to send me anything.

 

I was planning to advise I have received nothing for the CCA?.

Then the fact Halifax have not responded to my requests to identify when the last payment was made and this could potentially take 40 days?

 

Do I also detail the stolen identity points and the fact that the Halifax would never acknowledge this had happened?

 

Never been in this position before so want to make sure I give enough detail

 

When you say "so strict proof to provide prevails" is the onus then on me to get that detail?

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simply use the std holding / no paperwork defence

in lots of threads here already

 

 

post it up here first.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I am well out of my depth here

- I was thinking of just writing a plain English response stating that I have had nothing back from the Claimant and still waiting on proof that this debt is not Statute Barred.

 

 

However, I was trying to find a reply by someone here just using the holding/no paperwork defence.

 

 

I have added one I found below but have no idea whether the legal references are relevant in my case and if I need to just delete them.

 

 

It doesnt appear to highlight the issues I am having with finding out when I last made payment on the debt, or that the Halifax have told me they cant give me the detail (and a full disclosure could take 40 days after I contacted the ICO) do I need that level of detail ?

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the defendant(s) and Halifax dated on or about Sept 17 2003, and assigned to the claimant on July 18 2014. To the value of £xxx.xx

 

PARTICULARS a/c number (number listed)

Date 12/11/14 ITEM default balance VALUE £xxxx

Post Refrl Cr NIL

 

Defence

The Defendant contends that the particulars of the 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.

 

Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14. Furthermore, a CCA request sent on 5/9/17 has still not been responded to.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract 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.

 

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

 

4. 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.

 

In their 31:14 response they said that it does not apply to claims made online and they said I would have had all the contract terms and agreement when I opened the account so no reason why they should provide an additional copy.

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