Cabot/restons claimform - opus credit card 'debt'

[dx100uk]

you now wait.

 

 

dx

[Des Perado]

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.

[dx100uk]

time to read further down on those threads you got the defence from

then you'll know what comes next..

 

 

dx

[Des Perado]

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.

[dx100uk]

eitherway it doesn't matter if they fail any limits you put in the letters.

 

 

the 40 days is cabots std response

dunno want you mean about the agreement being confidential???

you don't mean you asked for the deed of assignment did you

that would match tat answer

the agreement is not confidential the deed is.

 

 

as you've spotted and been told, and prob read but forgot...

 

 

they have 28 days from your defence to file if they don't its stayed.

 

 

dx

[Des Perado]

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.

[dx100uk]

so you changed our CCA request from what was written?

[Des Perado]

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.

[dx100uk]

You ignore totally

The claim is stayed

If they want to pay the fee and chance their arm with unsigned filing cabinet copy and paste rubbish

Then the court will tell you so

 

Till then ignore

[dx100uk]

Oh and Cabot are not chasing for opus or citi

The debt was sold

Nothing to do with either OC

[Des Perado]

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