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Des Perado

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Everything posted by Des Perado

  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
  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
  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 tha
  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: Ac
  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
  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 d
  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 f
  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 Claima
  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 c
  16. Thankyou both for getting back so quickly. Here are the answers: In order for us to help you we require the following information:- Name of the Claimant ? Cabot Financial (UK) Ltd Date of issue – . 26/10/15 What is the claim for – "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 Defau
  17. Hello everyone, I've had a County Court claim form sentfrom Northampton CC. The claimant is Cabot Financial (UK) Ltd acting via Restons Solicitors and quoting an Opus credit card reference. Putting those names into Google brought me straight here so I hope someone can give me some advice. I had a Capital One credit card a long while ago and assume that the £5k odd debt has been passed around, I've also had a number of letters and calls from Cabot which I have ignored over the years. I'm aware that if you make no contact with a lender for six years
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