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Des Perado

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About Des Perado

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  1. Thanks DX, Head back in sand as before! I'll get back in touch if I hear any more and if I make it to Xmas in peace I'll send a small present to the site. It means a lot to people like me facing these difficulties to know that there is some sensible support available. Grateful Des
  2. Hello again, Sorry to bump my old thread but I've finally got a reply from Cabot. Despite asking them for the information in your template on 4/11/15 and giving them 14 days to provide it I got my reply on 4/8/16. I've never heard anything from Restons despite writing to them at the same time. They've provided copies of an agreement with Citibank which are unsigned and some statements from 2010 when I'd stopped paying. This does confirm that my last payment was over six years ago though.There is no information on the transfer from Citibank to Opus on whose behalf they are pursuing me. They acknowledge that it is "a reconstituted true copy of the credit agreement", but it "complies with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and so complies with s 77-78 of the CCA 1974". Surely if there's no evidence of a signed agreement between me and Citibank in the first place and no evidence of the transfer of the loan to Opus Credit Card then the debt is unenforceable. Despite what common sense says they maintain that they have provided enough information and "consider that the agreement is now enforceable and therefore we are entitled to obtain a CCJ against you". Should I write to them and politely point out their delay in replying and lack of all the relevant information or go back to my old tactic of ignoring them and hoping they go away? Thanks for all your help in getting me to this stage last year, I'd thought that after nine months of not hearing anything the problem had gone away but apparently not. Any more assistance would be greatly appreciated and (even though I'm pretty hard up these days) rewarded. Des.
  3. Hi DX, Thanks for getting back so quickly. Yes I realise that the court's 28 days limit would take precedence over Cabot's 40 days delaying tactics and that's what I'm relying on. I've looked through some of the other Cabots threads on here but I don't know if I'm alone in them dating a letter just within their deadline but then it not arriving until nine days later. Looks very suspicious to me but it can't be proved. My original request to them asked for "a copy of the assignment between Opus and yourselves dated **/**/11 and a statement as to whether it is a simple or absolute assignment". I did not ask for a copy of the deed itself or any confidential (business sensitive) information, really just a copy of the letter they say they sent me at the time to prove that they have a valid assignment in order to make their claim. Maybe I cocked up the wording but it was from a standard request letter. Thanks for your help, Des.
  4. Hi All, Just updating this thread after reading more details of other people's experiences and finally getting some correspondence. I received a letter Saturday 28/11/15 from Cabots but it was dated 19/11/15. It looks like they are pulling a fast one as the 19th was just inside their deadline to reply but there is no way it would have taken the letter over a week to get to me. They acknowledge that they've complied with the time limit but I suspect that's only by back-dating their letter. Unfortunately there is no post mark on the envelope or any way I can prove that it was not sent out the same day that they have dated it. On the other hand, as they did not send it by registered post they can't prove it was sent out on the 19th or received by me on the 20th. Sorry, I can't scan and upload their reply. The letter states that they do not have any of the original information requested under the CCA but that they have passed the request on to the original lender and that it will take up to forty days to pass it on to me. Surely, way past the two week limit? They say that the Notice of Assignment was sent to me in 2011 and that is sufficient to justify their ownership of the account. They may be correct on this so I will not dispute that it was never sent. However they also say that this agreement is confidential between themselves and the original lender so cannot be disclosed anyway. That can't be right, can it? Today I received official confirmation from the Court of my defence being filed. This states: "Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed." As pointed out before, the original card was from Citibank but is now being referred to as Opus and they may not be able to find anything at all. So if Cabots take between 28 and 40 days to respond will that be the end of it? As of today I've not received anything from Restons and they are over two weeks past their seven days to respond CPR request . It would take some serious date fiddling for them to cover that up. I don't intend to do anything at the moment but want to keep things updated for others in the same situation. Any answers to the above questions would be useful for me and others. For now I'm keeping my head down in the trenches and hoping it will all be over by Xmas. Thanks again for all your help, Des.
  5. Hi DX, Just put it in, hope I've made the deadline. I'll keep checking on here and MCOL and will let you know if I ever get the replies from Restons and Cabot. Thanks again, finding this place is like having a paddle when you're up sh1t creek! Grateful Des.
  6. Thanks Andy, Appreciate your help, has DX got the night off? I've used your amendments and will copy it on to MCOL now in case I can't get online before the deadline. Is it just a case of waiting for another letter from Northampton after that or do I have to keep MCOL informed? I can't tell you how grateful I am for the help I've got on here. When I'm a bit more flush I shall be making a donation (after buying a PC that works and getting broadband reinstalled). Des (less desperate for now).
  7. Hi DX, thanks for getting back again and thanks for your patience. I think I mentioned earlier that I have had to use a friend's PC and broadband so I've not been able to spend as much time posting or researching here as I'd like to. I followed your advice and have cobbled together this defence based on a few others that I found: Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant(s) under (1) a OPUS branded credit facility dated on or about February 2009 2. and assigned to the Claimant on April ** 2011 Particulars: Account no: ************** Date: **/02/2015 Item: Default Balance Value: £5,***.** Post Refrl Cr: Nil Total: £5,***.** 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 an amount due under an agreement/contract with OPUS. The Claimant and its solicitor have failed to disclose any agreement or statements upon which the claim relies. Paragraph 2 is denied, the Defendant is unaware of any legal assignment the claimant refers to within its particulars as the Claimant and its solicitor have failed to disclose any Notice of Assignment when requested On receipt of the claim form the Defendant sent a CPR 31.14 request for a copy of the credit agreement, Notice of Assignment and a statement of account showing how the amount claimed has been reached, to the claimant's solicitors. A letter was sent by registered post and signed for on **/11/15. The claimant's solicitors have yet to comply. On the same day a section 78 request for a copy of the purported credit agreement under the CCA 1974 was also sent to the claimant. A letter was sent by registered post and signed for on **/11/15. The claimant was given twelve working days to reply but has yet to comply and remains in default of said legal request. Therefore the claimant, in it's non compliance to the Defendant's requests, has frustrated my attempts to clarify their claim and the Defendant would request of the court that this conduct, which is against pre action protocol, should be considered when the question of costs arise. It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of an original agreement, an assignment and the composition of the balance as requested by CPR 31. 14 and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; 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; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Until such time as the Claimant can comply with the Defendant's request for a copy of the agreement under section 78 (1) of the CCA1974 which it relies upon as the basis of its claim they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974 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. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. It looks like this along the same lines as ones that have been used succesfully before but if you could give it a quick look over I would really appreciate it. I filed my acknowledgement and intention to defend on MCOL on 02/11/15 so I want to file something alongs these lines on Friday before 5pm. If it looks to you is it just a case of copying and pasting this on to their website? Needless to say I've still not heard back from Cabot or Restons. Judging by the other threads on here they must get hundreds of these letters a week and you'd think it would be worth there while replying to them on time! Once again, thank you so much for your help, Des.
  8. Thanks DX, Sorry for being a bit lazy and/or dim but could you link me to something that I can use? I assume I can modify it and type it up on the MCOL site. I'll wait till Thursday before going back on there in case anything does turn up from Restons or Cabots. Thanks for the lifeline, Des.
  9. Hi DX, I've had a dig around in some old paperwork and it is definitely a Citibank credit card debt. I've found an old statement and the card number started 546298. Unfortunately the statement was after my last payment so I don't know when that was but I am sure now that I'm not over the six year statute bar limit. Since it went to Cabots they've been quoting a 19 digit account number and that's what's on the CC Claim and Reston's letter. I must have missed the bit where Opus got involved. Should I hold on to put anything on to NCOL? I think there may be a day or two till I can be sure that Cabot have missed their deadline. Thanks for changing the thread tiltle although I'm still keeping the wrong name information up my sleeve - you've got to hope! Many thanks again, Des.
  10. Hi DX, thanks for getting back, your assistance is very much appreciated. Yes, I acknowledged the claim on MCOL on 02/11/15 and ticked that I planned to defend all of the claim. I haven't updated the site since but as you say I still have up to 27/11/15 if I need to. I checked on Noddle and it gives the lender's name as Cabot. It gives the default date as 29/10/10 which I suspect is six months after my last payment, that fits in with my recollection anyway. They only show the balance history back to May 11 by which time it was already in default. I am pretty sure the statute barred defence is out the window, I was hoping to hang on for another six months. The first mention I saw of Opus was on the court papers and I know I have never had a card from them. I have had a dig around in some old paperwork, though, and can confirm that the original loan was from Citibank (I was thinking Capital One for some reason). Presumably that makes it harder to find the original paperwork as it's now been passed on twice (at least). Am I ok to sit tight until I hear from Cabots and their solicitors or do I need to update MCOL before Friday? Once again, thanks for your help, Des.
  11. Hello Again, My two registered letters were both received at 8am on November 5th, a suitably ominous date. It's now past the 7 days for the CPR31.14 to Restons and nearly past the 12 working days for the CCA to Cabots which they were given to respond. The question is what to do now? I put in my defence on MCol on 02/11/15 and I think that gave me 28 days to get a defence so the clock is ticking on that. Do I need to update them to say that the claimants have missed their statutory deadlines? I don't want to give them a let out if they're late and then so am I. I forgot to mention that I did sign up with Noddle but they only show the debt as owing to Cabot. The Court paperwork refers to an OPUS credit card but I haven't heard of them and still think it might be Capital One or Citibank as suggested above. Thanks so much for the helpful advice I've received so far, I hope someone can tell me where to go from here (unless it's to Northampton CC). Des.
  12. Thanks DX, I'll wait to hear what they come back with. Until then I'll keep living in hope with my head in the sand, clutching at straws. If push comes to shove I quite like the idea of setting a new precedent that they can't prosecute someone unless they get their name right! Regards, Des.
  13. Thanks DX, I've now sent the letters by registered post with a £1 PO for the CCA. I had a letter from Restons on 06/10/15 threatening legal action but it did not contain much information. As I've had a few of these before I took it as another idle threat. Now I've got the CC Claim Form I realise I underestimated them. The Particulars of Claim per the CC Form reads: "The Claimant claims payment of the overdue balance due from the Defendant(s) under a OPUS branded credit facility issued pursuant to a contract agreed by the Defendant(s) on or about Feb xx 2009 and assigned to the Claimant on April xx 2011. Particulars: a/c no xxxxxxxxxxxxxxxxxx, DATE xx/02/2015, ITEM Default Balance, VALUE £5,xxx.xx, Post Refl Cr NIL". (My xxx's but their Random Capitals.) The agreement date sounds about right and I only paid them for a year or so. It looks like it is an old Citibank card which Opus took over and I think they're getting in now before the six year limit is up. The default date is exactly six years after the agreement date too which seems odd. I hope this can be of some help but I go back to my original question of whether the claim is enforceable when the agreement was with Fred Bloggs but the legal paperwork refers to Freds Bloggs. I know I'm clutching at straws, but is there a legal precedent that says they can proceed as long as they're fairly close? Surely that can't be right! Thanks again for your help, I probably won't be on here again for another 24 hours or so but it really is appreciated.
  14. Thanks everyone for your help, sorry for not getting back sooner, I only have occaisional internet access. I've now written the CCA and CP3.14 letters and will get them off tomorrow when I've got hold of Postal Orders. I've also filed an AOS on the Mcol website. I've kept my first name as an initial on everything because I still think there may be a loophole with the claim where they've added an S to my name. I'm still living in hope! Thanks again.
  15. I think the card may have been Citibank but I was thinking Capital One. The reference account number on the claim form doesn't seem to match anything online. I'll have a look on Noddle tomorrow and see if that brings anything to light. As it is, I never used the card. I just transferred some debt on to it off another one because they were doing 0% transfers at the time. Please let me know what other information you need that might help although, as you can tell, it's all a bit vague by now. Sounds like it's worth getting the CCA details too if that can delay things.
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