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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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windswept19

Cabot/mortimer Claim form - Halifax OD

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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

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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.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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

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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?

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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

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then go RING Halifax and ask you last payment date.

what type of debt is it please


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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ok, thank you.

 

It's an overdraft.

 

Thanks for your help

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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


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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

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get that info before you do anything.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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.

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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

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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?


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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?

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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


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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?


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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

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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.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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.

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No dont pay

Link in postt 15 please!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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


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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.

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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

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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?

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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.


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