Cabot/restons claimform - opus credit card 'debt'

[Des Perado]

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 the debt becomes statute barred and my time is up next May

so I've been keeping quiet for a while.

 

 

This is probably why they're getting heavy now.

 

My question is over the name on the claim.

They have addressed me incorrectly

so does this make legal proceedings unenforceable?

It's as if my full name (as on the creditcard) is Fred Steven Bloggs

but through a clerical error on the debt collection forms they've renamed me Freds Bloggs.

It's a small error but surely legal paperwork should be correct.

 

What do you think I should do now?

 

 

Sendit back as the defendant is not known at this address,

admitliability but negotiate a small pay off or just ignore it

. They will know as well as I do that they have to do something in the next six months

if they're going to get anything repaid but I'm not sure if aresponse will wipe out my five and a half years of ignoring them.

 

Any advice will be gratefully received.

 

Desparate Des.

[renegadeimp]

First of all, log in to mcol, defend all, leave contest jurisdiction unchecked , then exit. Your defence can come later.

 

Do NOT start overthinking or trying silly avoidance measures. Statute barred is a complete defence if it is correct.

 

Acknowledge service of documents online, then its time to start doing your homework.

 

Also, please can you fillin this http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[dx100uk]

name wont matter

 

 

can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

and post it back here wit the answers

[dx100uk]

for ref if they are quoting an opus card

then that will be an old citi card debt

 

 

99.9% of citi cards they will never be able to produce and enforceable CCA

and the correct terms & conditions.

 

 

though if you think its statute barred then that's immaterial.

 

 

poss go check your credit file

noddle below is free

see if the debt shows

and give payment details

 

 

dx

[Des Perado]

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 Default Balance,

VALUE £5,xxx.xx,

Post Refl Cr NIL". (My xxx's but their Random Capitals.)

 

What is the value of the claim? Just over £5k.

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? After.

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. Cabot.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I'm aware of but Cabot starting writing and phoning in 2011.

Did you receive a Default Notice from the original creditor? Don't think so.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Definitely not.

Why did you cease payments? I think it was April 2010 but can't be certain, definitely not much later than that.

What was the date of your last payment? As above and no communication from me since.

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original credito

r and make any attempt to enter into a plan? I mentioned that I was struggling before the last payment but didn't so anything formal about it.

I'll follow the advice of what to put on the Mcol site but after all this time am loathe to acknowledge the debt at all.

 

Surely basic law says that for a CCJ to be enforced the name must be the same as on the original credit agreement?

I am no stranger to silly avoidance measures but prefer to call it living in hope!

 

Many thanks again.

[dx100uk]

can we have to full particulars of claim

 

 

as for who the original creditor is

type the first 4 numbers of the card number they quote into a search engine.

 

 

dx

[Des Perado]

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.

[dx100uk]

you cant delay things.

 

 

you need to be reading court threads here.

 

 

get the AOS [ack] done on mcol

defend all leave juris unticked

 

 

CCA request to the claimant

 

 

CPR 31:14 to the sols.

 

 

don't sign anything leave the £1PO blank.

 

 

dx

[Des Perado]

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.

[dx100uk]

only need ONE £1PO for the CCA

 

 

can you post up the full particulars of claim please

verbatim minus pers info

 

 

dx

[Des Perado]

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.

[dx100uk]

As said already forget the name issue

 

Theyll never get a compliant CCA together for a citi card

Of that era

99% hit the shredded years ago

 

Dx

[Des Perado]

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.

[Des Perado]

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.

[dx100uk]

you do not need to inform or write to anyone regarding the CRP nor CCA failure.

 

 

you didn't? file a defence on 02/11 ..you ack'd the claim defend all?

 

 

your def is not due till 4pm Friday 27th

 

 

what are the first 4 numbers of the card mention on the poc?

have you typed those into a search engine to confirm the company name whom issued it?

 

 

on noddle, what is the defaulted date

and look see if it shows last payment

 

 

dx

[Des Perado]

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.

[dx100uk]

Loan?

Is not the ref no. On the poc 16 digits..then as said numerous times that is a card

What are the first 4 numbers please

[Des Perado]

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.

[dx100uk]

Next step is filing your def

 

Plenty of credit card no paperwork holding defences here already

 

Dx

[Des Perado]

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.

[dx100uk]

you need to understand what and why you are using a defence

there are no templates.

 

 

use the search cag in the red top toolbar

 

 

copy and paste your thread title into there

but leave out the word opus

 

 

then pop up here your proposed def so it can be checked

 

 

as far as I can see you've only looked at 3 threads that can remotely be of any use to you so far.

[Des Perado]

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.

Edited November 25, 2015 by Andyorch
Defence tweaked and amended

[AndyOrch]

Defence tweaked and amended.

 

Regards

 

Andy

[Des Perado]

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).

[dx100uk]

thsnks andy

 

 

4pm today is your deadline

 

 

yes copy n paste onto mcol website