Cabot /? Claimform - OPUS/CITI credit card 'debt'

[keltic10]

very similar to /forum/showthread.php?432889-Claimform-Cabot-Weightmans-old-citi-card-debt

 

help please!

 

about 5 years ago i i was in financial difficulties due to nat west calling in a business mortgage and overdraft

thinking i was going bust i asked all my creditors to give me a copy of the credit card agreements. Citi visa card returned my £1.00

and stated it was unenforceable if the debt went to court. I have now been issued a court summons. i have complied with the

courts by saying i wish to go to court. I have till the 16th April 2015 to put give the courts my defense and I also need to contact

cabot regarding the case - i still have the original statement from citi stating its unenforceable in a UK court and they seem to have

sold the account to another lender. I ask for any advise regarding the case and if you need any more information please ask

 

 

thank you

 

 

facts about the case

 

15 Nov 2010 (part of the letter) citi stated that in line with recent OFT guidance your credit card is unenforceable . "Enforceable" is a legal term meaning that a lender is not entitled to commence legal proceedings against you for the outstanding sums

 

 

original creditor on the claim form Opus Credit card (though this is not true - it was the associates which change the name to citi visa

claimant Cabot financial

acknowledgment service sent and dated 18-3-2015

last payment made was may 2010

 

if anybody can give me good advise please reply in this forum

 

thank you

Edited March 31, 2015 by keltic10

[honeybee13]

Hello and welcome to CAG.

 

Please would you have a read of this and post up the information on this thread? It will help the guys to advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

 

My best, HB

[AndyOrch]

If that is your real name it may be wise to request a Username change.

 

Andy

[keltic10]

the following information:-

 

Name of the Claimant ? CABOT FINANCIAL UK LIMITED

Date of issue – 6 MARCH 2015

Particulars of claim

 

1. The defendant entered into a credit agreement described by the original creditor As Opus Credit Card-credit card

and having account number xxxxxxxxxxxxxxx(“the account”)

 

2. The claimant, a UK limited company with company number 3757424,

is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

 

3. The Defendant is indebted to the claimant of 14459.28

 

4. The claimant claims the said some of 14459.28 plus costs

 

value of the claim? 14459.28 + costs

Is Credit visa (Original creditor was citi visa not opus as stated in the particulars?)

 

account began Before 1998

Has the claim been issued by the original creditor (particulars state it is but this is wrong)

or was the account assigned and it is the Debt purchaser who has issued the claim. CABOT

did you receive a Notice of Assignment? yes

Did you receive a Default Notice from the original creditor? Not that I am aware

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

no but sometimes a statement of account (only a few)

 

The figures went from July 2011 £11539 to Sept 2013 to £14345

ceased payments because of Financial difficulties

 

last payment May 2010

Citi visa could not find the original agreement so they stated it was unenforceable

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? no

 

I sent on the 29 dec 2009 for the credit agreement with the original creditor,

I received a reply many months later - 15th November 2010 to state they good not find it

and the account was un enforceable (I can provide a copy if required?)

 

I have the original letter from Citi visa in 2010 stating the account is unenforceable

 

 

Question do I tell the claimants solicitor in writing that

 

I have this or should I tell them this with a copy of the letter??

[keltic10]

thank you

[dx100uk]

fat chanc in hell of ever getting the agreement

and the correct T&C's

 

 

follow that other thread

 

 

defend all

leave juris unticked

 

 

get a CCA request off to cabot

and a CPR to the dols [who are they?]

[renegadeimp]

Cabot getting greedy yet again. They really should be reprimanded over this

[keltic10]

i asked the original creditor for the agreement in 2010 and they replied stating they could not find it and the account is unenforceable

 

Do i tell CABOTS Solicitor about it and/or send them a copy

 

thank you

[SabreSheep]

I would save it for your defence and disclosure

[AndyOrch]

CPR 31.14 and a section 78 request your next task keltic10 ...templates in the Library.

 

Andy

[keltic10]

CPR posted to the solicitors of cabot

 

Template removed

[AndyOrch]

keltic10

 

Please do not post templates to threads...they are for members only and there is no need to post it anyway as we are all aware of the contents of CPR 31.14.

 

Regards

 

Andy

[dx100uk]

get that CCA request

 

 

off to cabot

 

 

blank £1PO don't sign anything

[keltic10]

the CPR request that i sent on Saturday i did sign - have i made a mistake?

Edited April 5, 2015 by keltic10

[keltic10]

Particulars of claim

 

1. The defendant entered into a credit agreement described by the originator as Opus CREDIT Card – CREDIT Card AND HAVING ACCOUNT NUMBER XXXXXXXXX (“THE ACCOUNT”)

 

2. The CLAIMANT, A Uk Limited Company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the account.

 

3. The defendant is indebted to the claimant in respect of the sum of £xxxxxxx The Claimant claims the said sum of £xxxxxx, plus costs

 

 

 

 

####Proposed Defence####

 

 

1.Paragraph 1 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim.

 

2. Paragraph 2 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

3. Paragraph 3 is denied It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the original creditor; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5.Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant remains in breach of the sec78 request.

 

6.A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant claim relies upon.

 

7.Until such time the claimant can comply with the above sec78 request is therefore prevented from enforcing or seeking the relief claimed or any relief.

Edited April 6, 2015 by Andyorch
Amended.

[keltic10]

.Despite a request being made under the consumer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request.

 

i have not posted this yet do i send it to cabot/opus or the original debtor?

but i already did

 

in 2010 with the original debiter who stated they could not find it so they stated the debt un enforceable do i use this instead as part of the defence

Edited April 5, 2015 by keltic10

[keltic10]

Or should I do my defence like this?

 

DEFENCE

 

I xxxx xxxx am the Defendant in this action and make the following statement as my defence to the claim made by Cabot via weightmans llp.

 

1. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim. In fact i have a letter from the original creditor stating that the debt is not enforceable to section 78 of the consumer credit act 1974

(my request was made 29-12-09, my reply was 15-11-10)

and i state that Opus was not the original creditor as stated by the claimant.

 

2. Paragraph 2 is denied I have no knowledge of any legal assignment.I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

3. Paragraph 3 is denied It is not accepted with regards to the Defendant owing any monies to the Claimant and 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

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5.Despite a request being made under the consumer crediticon Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request.

 

6.A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim.

 

7. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

Edited April 5, 2015 by keltic10

[dx100uk]

4pm weds its due [+1 day for B/H]

[keltic10]

still do not know which defence, is the one i use? 15 or 17 and can somebody check to see if its done correctly?

 

thank you

Edited April 5, 2015 by keltic10

[dx100uk]

post 10 you've a few days yet.

 

 

don't worry

[keltic10]

i have posted the CPR (though regrettably i signed it) though not sure if i should post a CCA request? i did this in 2010

to the original creditor they stated they could not find it and therefore in was not enforceable

[dx100uk]

as post 13

 

 

you must post off a new CCA request if the last request was several months prior to the claim

and not ever to the claimant in the first place

[keltic10]

much appreciate the advice and will send it on Tuesday, if some body can check my defence 15 / 17?

 

thank you

[SabreSheep]

Interesting question.

That letter will obviously come in handy for your defence.

 

Cabot have legal obligation now to provide the cca, so I would send them one. Nothing like digging them a nice hole to fall into. Await confirmation from other first.

[AndyOrch]

Requires a little work Keltic...I will have a look at it tomorrow.....do not submit it as it is.

 

Andy