Citicard

[Kayyak]

Another one for you Dotty.

My letter from cabot and the noa from opus are both dated the same day, so methinks this is not a genuine noa from opus, but one my up by cabot on opus letterhead?

Is that the case for you??

 

Anyway, I'll compose a letter to both tonight under cputr 2008 asking who owns the debt and when the transfer took place.

I'll inform you asap of any reply.

 

We got these letters too. But did you notice the letter from Opus is just a photocopy, what happened to the original - looks like a mock-up? I think they enclosed this letter to pre-empt any queries. And it's misleading, Opus referrs to 'acting on behalf' but Cabot states they have 'bought the debt'.

[Dotty50]

Hi Kayyak,

 

Yes I did notice the Opus letter being made to look like a copy but ours is dated the same day as the Cabot letter!

[the_shadow]

You'll normally find that the company "allows" the DCA to produce both letters even licencing them to use their letterhead, its not unknown for both letters to come in the same envelope either.

 

S.

[ltc1607]

The NOA from Opus say account purchased by Cabot uk who have appointed Cabot europe to administer it. I sent a CCA request to Cabot who today have informed me that they do not have a copy and are going back to Opus to see if they have.Opus have told me they do not have an agreement but I notice interest is continually being added to the account by Cabot.

[Dotty50]

Hi ltc,

 

Are you receiving statements, or are you just going by the balance that is increasing each time you get a letter?

 

Did you just send the standard CCA letter from the library?

[ltc1607]

Hi no statements just letters and the cca request was my own as I included the fact the account was in dispute.

[Dotty50]

Great thanks for letting me know.

 

I will have to get a letter sent but it will be next week now, too many other things to sort!

[ltc1607]

I have had a reply from my cca request to cabot, they cant find it.

[the_shadow]

hmm what a surprise.... no doubt they say that this doesnt stop you being liable for the debt, its just they cant take you to court???

 

What are they saying is there next move or are they expecting you to propose a repayment plan despite this?

 

S.

[ltc1607]

They say I should continue to make payments to my account with them while they wait for citi to come up with an answer to mt cca request. Thing is citi couldn't come up with it nor could opus who wrote and told me it was not enforceable as there was no agreement.Sit back and wait I suppose.

[the_shadow]

They say I should continue to make payments to my account with them while they wait for citi to come up with an answer to mt cca request. Thing is citi couldn't come up with it nor could opus who wrote and told me it was not enforceable as there was no agreement.Sit back and wait I suppose.

 

Yep, I think I've seen Citi or their DCA's re-construct some agreements but like you say, its a case of wait and see.

 

S.

[ltc1607]

If they reconsruct an agreement surely they will have to have something I have signed to back it up plus the correct year it was taken out and the address at the time,

[the_shadow]

If they reconsruct an agreement surely they will have to have something I have signed to back it up plus the correct year it was taken out and the address at the time,

 

No, to make a true copy they'll need something... to reconstruct they just need information they hold in various form to pull together.

 

But yes it'll need to have correct details on it

 

S.

[Dotty50]

Its been a while since I have posted on here as nothing has really happened until now!

 

I am still waiting for Cabot to supply a reconstituted copy but they have now passed it to Morgans solicitors who have written and I consider it to be a letter before action!

 

Anyone else had this?

[hatesdebt]

I've not heard from Cabot since sending a CPUTR 2008 request. Have you sent one yet?

[Dotty50]

I'll have to find the file and check, will let you know asap

[spamheed]

Be aware that Morgan WILL take this to court if they believe you to be "easy meat" or ignorant of the law.

 

If you have it in writing from all parties that no-one at any time has been able to locate a properly executed CCA, then you need to make them aware of this and it's unenforceability

 

the NOA is a forgery, they all are, the law does allow them to serve such a document on behalf of the previous owner, but it doesn't allow them to create a forgery.

 

You need to see a clear paper trail covering the assignment of this debt, from the original Creditor right through to Cabot.

 

You also will need to see a copy of the deed of assignment, as previously stated this will be heavilly redacted, but they do tend to rely on a blanket document which covers large amounts of debt that they buyu from whichever creditor and will not in itself link to your individual account.

 

also was there any PPI or charges placed against the account? you need the supporting T&C for the PPI and clarification of the charges.

 

If they are adding interest where in the agreement does it specifically allow for this - they will therefore need to produce an agreement showing such a clause

 

do the figures match up? if not make them clarify how the figures are arrived at.

 

Take a look here for my own experiences with Cabot: http://www.consumeractiongroup.co.uk/forum/showthread.php?225933

 

I eventually used a firm of solicitors and Cabot backed off, this in the end cost about £1k

Edited May 23, 2012 by spamheed

[hatesdebt]

Any updates Dotty - did you send the cputr?

[Dotty50]

Yes sent the letter but no reply yet!

[hatesdebt]

Good luck.

 

That may stop them in their tracks. You may simply get no reply from them at all and collection activity will just seem to cease.

[Dotty50]

Or they may just pass it on to someone else to have a crack at it!

 

Thanks hatesdebt, I'll post any developments.

[Dotty50]

My thread had got lost!

 

I'll be back to update asap