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About groatgrabber

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  1. Last letter Cabot received from me was June 2011 and it was a S78 request, I wouldn't have signed it though, I did defend the claim but that was direct to County court and again not signed, it was submitted online. A CPR 31 14 was also sent in January 2015 to Restons, once again not signed. No payment ever made to Cabot, or even to Opus who sold them the account after buying the portfolio from Citi. The last payment would be to Citi in 2010 probably.
  2. Hey DX, How do I work out SB date then please? Kind regards J
  3. Thanks Andy, I'll just wait and see what happens next I guess, Cabot are blocked on my phones and have instructions from 2011 that I will only communicate in writing. In all likelihood they will sell this on now I reckon to another agency even lower down the food chain. We'll see. Kind regards J
  4. You're right, I'm sure it will be earlier but the only recording of this account on my experian / noddle file is from Cabot and their record starts in March 2011 with the account already being in default. At least if I work from that I have a provable basis to work from.
  5. yesterday I sent the letter to Northampton County Court as above and then today I receive a letter from Restons with a Notice of Discontinuance. Looks like this is pause for now at least. Looking at my credit file the first recording of default by Cabot was March 2011 so just another year for statute bar to fall into place. Same goes for the other alleged account they are chasing.
  6. Hi Dx, My intent is to submit this as a supplement to the defence seeing as the claim was lodged in 2014. It looks like this claim was in the same batch of claims that Restons put through as the member who wrote this defence originally. On going through my files I found the S78 dated 22/06/2011 that I sent and also a CPR 31.14 from 16/01/2015 that I sent to the solicitors straight after the claim. On all letters I used a script font to 'sign' the letter so that my signature cannot be forged to a set of T's and C's. Not that it should be because there never was an Opus account to my knowledge. Thanks so much for the help with this. --- Letter Starts--- Dear Sir or Madam, Re: Claim Number XXXXXXXX I am the defendant in this case. Please find below additional supporting information and statements in support of the registered defence regarding the above referenced claim. 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 Opus Credit Card dated on or about Oct 31 2008 and assigned to the Claimant on Apr 28 2011 in the sum of 2XXX 2. PARTICULARS a/c no XXXXXXXXXXXXXXXXXX 3. DATE ITEM VALUE 28/11/2014 Default Balance 2XXX Post Refrl Cr NIL TOTAL 2XXX Defence 1. The Defendant contends that the particulars of 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. 2.Paragraph 1 is denied with regards to an amount due under an agreement referred to in the Particulars of Claim ('a contract'). The claimant has yet to provide a copy of the agreement as per the Defendant's section 78 dated Jun 22 2011 and remains in default of said request. Further, the defendant has never held an account with Opus Credit Card as made clear in the registered defence. 3. Not only has the defendant never held an account with Opus Credit Card, the defendant remains unaware of any legal assignment or Notice of Assignment allegedly served in 2011 or any other year by either the Claimant or Opus Credit Card . 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement 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; 5. On receipt of this claim the defendant requested by way of a CPR 31.14 request copies of any documents referred to within the Claimants particulars to establish what the claim is for. With regards to said CPR 31.14 request the defendant has received three letters from the Solicitors acting for the Claimant, the latest dated Jul 26 2015, informing the defendant that they are awaiting documents from their client. Subsequent letters received from the Claimant’s Solicitor show no reference to the aforementioned requests. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Yours sincerely --- Letter Ends ---
  7. Thanks very much for your help.
  8. Hi All, I had a judgement against me in favour of Hillesden Securities t/a DLC back in 2014. The judge applied a charging order to my property and I have been paying by standing order £45 per month ever since. Today I have received a notice of sums in arrears from DLC even though I have not missed a payment since I started paying them, they actually also list the payments I have been making on the notice. I may be wrong but the agreement I have with DLC started on the day the judgement went in their favour and a payment plan was agreed, this being the case I am technically not in arrears with DLC I am simply working to the agreed payment schedule and this information should be accurately recorded. With this in mind an Arrears notice could easily be regarded as innaccurate and defamatory, perhaps a statement should have been issued instead. My question is whether there is any legal precedent I can call on to quote to DLC when I write to them about this, or whether I am simply barking up the wrong tree so to speak. Kind regards Groaty
  9. As it turns out I sent them a S77/78 request on 30th June 2011, I have just finished going through my files on this. So in four and a half years they have not been able to provide a copy of my credit card agreement. They keep sending letters in the hope I will be daft enough to pay this off to protect my credit file, it's a bit late for that unfortunately. I am tempted to write to the court with a copy of the letter I sent in 2011 and ask them to strike out the claim but not sure whether the request would count as grounds for a strike out. Any suggestions?
  10. So do I need to do anything at the moment? I haven't yet sent a Section 77/78 letter, is it worth me doing so?
  11. Probably for the same reason Cabot didn't back in 2011 when I asked for information, they don't have any.
  12. No, there are no others for the same date and the Citi Card is not there
  13. According to Noddle the account was taken out on 31st October 2008
  14. Name of the Claimant ? - Cabot Date of issue – 22/12/2014 What is the claim for The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Opus Credit Card dated on or about Oct 31 2008 and assigned to the Claimant on Apr 28 2011 in the sum of 2920.25 PARTICULARS a/c no 000........... DATE ITEM VALUE 28/11/2014 Default Balance 2920.25 Post Refrl Cr NIL TOTAL 2920.25 What is the value of the claim? - £3105.25 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Credit Card When did you enter into the original agreement before or after 2007? - Probably, don't know for sure and have no documentation 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. - Debt Purchaser has Issued the claim via Solicitors Were you aware the account had been assigned – did you receive a Notice of Assignment? - No notice of assignment that I recall, only letters from Cabot demanding payment. Did you receive a Default Notice from the original creditor? - Not that I can recall. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No, there was a gap of over two years between last letter and claim Why did you cease payments? - They were set up on a direct debit and that stopped being claimed by Citi. What was the date of your last payment? - Unknown, Definitely before November 2010 likely to be mid to late 2009 Was there a dispute with the original creditor that remains unresolved? - No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, was paying £1 per month to Citi.
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