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    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
    • I have received statments back to 2008 from them, Its a big file, with lots of the original papaerwork, a lot of this I have not seen for a long time and im sure this wasnt in the previous SAR.  There is some information that has been erased, it seems to be the Witness or agents/sales persons name!    
    • removed again please read upload carefully you must obscure or remove all re number etc 1st line has ref number try and put up the right way  too?   dx  
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Gwolst77

Santander overdraft debt sold to Cabot

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Just received a letter from Santander stating my overdraft has been sold to Cabot

 

The letter states that Notice of Assignment will be forthcoming from Cabot

 

In the same envelope was a welcome letter from Cabot stating the usual things about 'how my experience Cabot will be different' blah, blah, blah.

 

The account was setup in 2005 and the overdraft is approx £5400

 

The last payments to the account I am aware off would have been Jan/Feb 2013

 

Not sure what the process is regarding overdrafts and what documentation is required etc to prove in court, so if it's a different ball game compared to a typical credit card or catalog debt then I would really appreciate the heads up regarding what to expect now.

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tell us a bit more of the history please

 

 

when did you open the account.

how much of this might be OD fees etc that you don't owe

 

 

how much is owed


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Balance is just over £5400

 

The account was opened April 2006 and the overdraft was made available when I opened the account, I think the OD limit was £5000 to match the bank account I was leaving (can't really remember it was defo greater than £2000)

 

The last money credited to the account I know off was early 2013 (around Jan/Feb)

 

In terms of fees etc, the balance that I remember the overdraft was around when I stopped using it and the final balance that has been sold on it's probably around the £500 - £750 mark.

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I think id be sending satans bank an sar get all the statements

has it always been a satans bank account or was it abbey or something else


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Hi

 

Will do the SAR, not had any letters directly yet form Cabot but they have phoned me on my mobile and sent a text.

 

God know's how they got my number, as nobody has it and I don't give it out.

 

Can somebody though give me some advice on the likelihood that the OD debt is enforceable?

 

the balance would have been settled but I can't risk Cabot then defaulting against me or getting a CCJ.

 

In some respects I always though I would have to pay this one eventually as I was under the impression OD's are different to typical credit card/catalogue debts,

might try to go down a settlement route if I can get a discount.

 

Most of our bad debt is SB next July/August and those who have tried to issue a claim have so far failed as all agreements are pre 2007 and we know they never have the paper work to back them up.

 

By spring 2019 all bad credit references will be off my profile so I can then look to start buying a house (which gives us time to start saving a small deposit).

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Await the sar


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

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Any text messages they send you simply forward them to 7726 (spam on your phones keypad)

 

As for applying for a mortgage, you'll need more than a clean CRF, it'll need to have been clean for at least 12 months prior, if not more.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi.

 

I have an alleged debt for an overdraft that was sold off to Cabot a few years back, the debt according to my account statements (I did a SAR) was SB in at the beginning of this year and the default drops off at the end of this year.

 

Did all the usual things like ignoring the fishing letters and the odd call.

However today I got a unexpected call from a landline and answered it thinking it was somebody else, it was Cabot want to speak blah, blah, blah.

 

I asked what it was in connection with (knowing what it was actually about) and ended up telling them even if they could prove the ALLEGED debt was mine it would be SB anyway. I was told they had a payment in 2014 showing so it was not SB.

 

I know this was false, as I have a full statement showing the last credit was on the account and the account was closed 2013.

So stated it was SB again and if they thought that they had a legitimate claim against me then ultimately then need to prove it and take me to court.

 

I've double checked the SAR again (every page and its a big pile going back over a decade) and all looked fine until I came across a few screen dumps/shots from a computer system (so not the typical statements you would see) but print off's from a dumb terminal system showing a single payment of nearly £400's that I have no knowledge of mid 2014.

 

It just shows a credit of £XXX.

I've also found a two internal email/system print offs showing a recall request from a bank was received and a refund cheque was issued just a few months later (which was cashed).

 

The balance they are chasing, is for the sum after the refund back to the bank was issued (so the original sum)

 

Where do I stand as in summary?

 

  • Overdraft was taken out back in 2006
  • SB was early 2013 - So well over 6 years ago
  • Account Closed later 2013 (when default was issued) - Just a few months and it drops off
  • Some unknown random payment was paid in mid 2014, outstanding balance was reduced and then that payment was refunded a few months later. The outstanding balance was increased back to the original sum, which is the sum Cabot are chasing.
  • All my proper account type statements only show data until late 2013 when the account was closed, the only record of this payment and refund comes from screen dumps and print outs from internal systems mid 2014.

 

 

 

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old and new threads merged for history

 

internal mumbo jumbo by satans bank

it was not YOU that did this.

 

whats the defaulted date you mention please?

 

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

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Thanks DX

 

Default date is 11th November 2013 (when the account was closed)

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so I would assume that your last payment or use was many months before this

so there is argument there that the OC took xxx mts to default you?

 

 


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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Posted (edited)

Last payment on the account was mid March 2013, so yes about 9 months till they defaulted and closed the account. 

 

For a good 4 months before that, the account was in serious arrears with just little sums of money going in sporadically but they kept on racking up the OD charges each month which far out weighed any credits anyway.

Edited by Gwolst77

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I will gather they have your correct address??

if so wait for/if they get a solicitor to issue a PAP letter of claim now.

 

 


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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