Cabot/mortimer Claim form - Halifax OD

[windswept19]

Hello,

 

I hope someone can help please.

 

I have just checked my credit score which is 736 (fair).

 

It states:

 

Halifax balance £0 updated 11/8/13

 

Cabot balance £1280 updated 1/4/18

 

There are no other debts there. Am I to assume that they have dropped off?

 

Cabot took over the Halifax debt, but both are listed as a default. If i were to offer Halifax an offer, in full and final settlement, agreed in writing, would that remove the default? If so, how long would it take?

 

Many thanks

[dx100uk]

no paying a debt off does not remove the default ..waste of money.

 

what is the original defaulted date registered by Halifax?

Cabot's should be the same date

 

2 defaults for the same debt do not harm you twice.

[windswept19]

Thank you DX for you reply.

 

The original defaulted date registered by halifax is 11 Aug 2013. Cabot registered it 1 April 2018.

 

I want to improve my score from fair to enable me to get a mortgage later in the year or early next year. What would be the best way to do so? I assumed clearing my default would help the score?

 

Many thanks

[ericsbrother]

No they didnt register it on the 1st April, they took it over and that is why the balance is zero on the Halifax account. It will drop off next year and if it doesnt you make a complaint regarding this or fire off a letter to Cabot and get them to alter the date next month so it reflects a true state of affairs. Halifax have sold it on so offering them money wont get you anywhere and offer cabot anything other than the full amount will likewise be met with a rebuff.

The score will stay there until 11/8/19 unless that default date was wrong to begin with. When did you last pay anything or admit you owed the money?

[windswept19]

Thank you for your reply.

 

Cabot have written to say that they are prepared to reduce the balance and invite my proposal of an offer to clear the account.

 

I am anxious to improve my credit as I wish to apply for a mortgage later in the year. I have no idea when I last paid anything, probably coming up to six years if not already.

 

Many thanks

[dx100uk]

then go RING Halifax and ask you last payment date.

what type of debt is it please

[windswept19]

ok, thank you.

 

It's an overdraft.

 

Thanks for your help

[dx100uk]

thread title updated and moved to the HBOS forum.

 

oh please its an OD.

probably the complete debt is made up of penalty charges and the interest they attract.

 

cabot rarely chase enforceable debts..so that explains it.

 

I would suspect the cabot default actually says updated date.

 

get onto Halifax and find out your last payment date

[windswept19]

Thank you for your reply.

 

I spoke to Halifax re the last payment date and they said as it's an old account, I need to go into a branch with ID and they should be able to tell me.

 

Many thanks

[dx100uk]

get that info before you do anything.

[windswept19]

Any help please?

 

I have just received a Claim Form from County Court Business Centre in Northampton, from Cabot Financial for the OD debt. I have also been plagued by Mortimore Solicitors by phone calls. Help please, thank you

 

Or do I pay it? Make an offer and get them to remove the entry from my credit file.

 

I am applying for a mortgage soon as the last thing I need is a CCJ being entered.

[windswept19]

I have received a claim form for the overdraft debt from Mortimer Clarke Solicitors. The amount is £1280.

 

I am waiting for the SAR. I don't know what to do.

 

Should I offer a one off payment and ask them to remove the entry on my credit file.

 

Or, ask them to delay the claim so I can prove its bank charges.

 

I will be applying for a mortgage later in the year and I cannot have a CCJ entered against my name as I won't get the mortgage.

 

Any help appreciated

[BankFodder]

You say you have received a claim form but also you are suggesting that there is an entry on your credit file. Please can you explain.

 

If there is already an entry in your credit file then you can be certain that they won't remove it. You would have to prove that there is some error. If you are able to demonstrate that the alleged debt was due at least substantially to unlawful charges then this would give you some leverage.

 

When is the SAR due?

[windswept19]

Thank you for your reply.

 

Halifax have an entry on my credit file with a balance of zero which drops off August 2019.

 

Cabot also have an entry for the 1280. Now I have received a claim form from Cabots sols for the money.

 

The SAR was only sent about 10 days ago so will be some time before its received and then there is no guarantee I can prove it was bank charges.

 

SHould I offer a payment to get rid of it?

[AndyOrch]

Thread moved to Financial Legal Issues forum in view of the claim form.

 

Please read the following link and then copy and paste the Q,s and your responses back here for further advice on how to deal with the claim.

 

Dont do anything until advised.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

 

Regards

 

Andy

 

Thread title amended

[BankFodder]

I'm afraid that they would rather eat their own children and do something very vulgar to their grannies than remove your credit file. If you don't believe me, then try it and you will find out for yourself.

 

Are the Halifax entry and the Cabot entry in respect of the same debt?

 

When you are talking about offering a payment, are you talking about offering the whole amount claimed – or simply trying to make a full and final settlement offer?

[windswept19]

Oh God!

 

Yes the Halifax and Cabot are the same debt. I was hoping to make them a full and final settlement offer (not full amount) conditional upon them removing the entry from my credit file.

 

I am trying to repair my credit before I apply for a mortgage later in the year and this is the last thing I need.

 

If it meant clearing my credit file, I could muster the money to pay the full amount, at a push. I am desperate to get a mortgage later in the year

[dx100uk]

you dont need too

old and new threads merged

please keep to ONE thread

 

get that link in post 15 done please

 

and as post 6 did you even ring Halifax and findout the last payment date

this could be crucial to this claim.

[windswept19]

Thank you for your help.

 

I went into the Halifax today and the account was closed on 5 June 2013 and the last payment I made from the account was 11 January 2013. Apart from me making a few payments (child's shoes and the pound shop) the rest throughout January to close of the account is unplanned OD fees or planned OD fee. Would it be worth going back and asking him to print off earlier statements?

 

I had been getting calls from Cabot and Mortimer and they have been leaving messages. I know I should have dealt with this but I have been going through a horrendous time the past few years and it has been an extremely stressful few years.

 

The debt is clearly not statute barred for another year. Should I just pay it and be done with it?

 

Due to the chronic stress over the years and the PTSD I have problems remembering things. I just want this to go away so I can get on with my life without any more stress.

 

Thanks for your help so far, its much appreciated.

[dx100uk]

No dont pay

Link in postt 15 please!!

[AndyOrch]

If getting that mortgage is your priority then obviously that has a bearing on how you proceed with the claim.The default will remain in place irrespective of the claim whether you defend or admit.... until its 6th anniversary which will then drop off your credit file.

 

With regards to the claim ...even if you did defend all..this would buy you some time for the claim to processed and to see if the claimant can proceed should a defence be submitted....95% of overdraft claims are discontinued once a defence has submitted a defence as the claimant was hoping for either a default judgment (no response from the claimant) or an admittance (which you are considering).

 

So if you was to defend all it would delay the claim up to 3 months which allows you time to get the money or possibly the claimant informing you they discontinue.

 

Your decision.

 

 

Andy

[windswept19]

Thank you.

 

Name of the Claimant ? Cabot Financial (UK) Limited

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Issue date: 22 May 2016 (received yesterday)

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Issue date 22 May + 19 days = 10 June + 14 days to submit defence = 23 June

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

"Monies due under current account overdraft. The Claimant's claim is for the balance outstanding under a bank account facility HALIFAX 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 assiged to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1280.29 2. Costs"

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

 

What is the value of the claim? including court fee and costs £1430.59

 

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

 

When did you enter into the original agreement before or after 2007? In 2007 when I started Uni

 

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. Assigned to Cabot who are the claimant.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, they were writing to me. Don't recall a notice of assignment though.

Did you receive a Default Notice from the original creditor? There is a default on my credit file - is that what you mean?

 

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

 

Why did you cease payments? The last time I made a transaction on the account was January 2013.

 

What was the date of your last payment? There were no payments arranged, it was just closed and sold on.

 

Was there a dispute with the original creditor that remains unresolved? Yes, I was writing to them explaining my situation but they closed account.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? Yes I did, I wrote asking them to write off the debt but they didn't.

 

I can't think of anything else.

[windswept19]

Thank you Andy,

 

Halifax's default will drop off next year. Cabot's default for the same debt was only registered on my credit file this year. From what I can see there are a lot of unplanned OD fees.

 

Do you know if Cabot's default will stay for 6 years? I didn't have any agreement with them.

 

Many thanks

[windswept19]

Sorry sent too soon,

 

Andy, you say if my priority is getting the mortgage would have a bearing on the case, it is my priority- what would you advise?

[AndyOrch]

Did you receive a Default Notice from the original creditor? There is a default on my credit file - is that what you mean?

 

No a physical Default Notice......current account Default Notices are referred to as Notice served under Sections 76(1) and 98(1) of the CCA1974...its a termination recall notice.

 

If your last transaction was January 2013 and you state halifax default will drop off next year (Jan 2019) that is correct.....Cabots have simply added their name because they now own the debt but they have not changed the start default date...

 

So if you wish to defend the claim you need to acknowledge service of the claim (instructions are contained within the claim form pack) you can do this on line.....you have 19 days to complete acknowledgment from and including 22nd May...you then have another 14 days to submit a defence...so 33 days in total.

 

I would send the following today...irrespective.

 

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

 

I would advise to defend all...even if to buy an extra 3 months...but even so you would most probably see this off as a discontinued claim once defended.