Cabot/Mortimer letter of claim - Opus Credit Card

[comebackjimmy]

Hello all

 

I defaulted an Opus Credit card for about £2800 which was purchased by Cabot and after due course was passed to their Mortimer Clarke branch for chasing.

 

I have totally ignored throughout, including a few letters from the Mortimer Clarke threatomatic system and calls.

 

Recently received the attached letter.    Am I right to treat this as a proper Letter before action?

 

It comes with a number of enclosures including a statement from Cabot, a reply form and a direct debit mandate.  Presuming this is a proper Letter before Action is there any opinion on whether MC will follow up?

 

Is it time for me to ask them for "prove its" at this stage or wait to see if they issue a claim and do it then?

 

I am getting to be a bit of an old hand here now but never one to pass up some hand holding if it is there.  Presuming the consensus is that it is a proper LBA (the first I have received in about seventeen years of CAG reading) I will fill in the standard questionnaire and post up.   Their letter is dated 17th January and claiming to give me thirty days to respond.   I will also be reading up on similar threads.

 

Many thanks in advance.

 

M clarke LBA 20230117.pdf

[dx100uk]

i will guess this is an old citi credit card sold to opus, now resold to cabot.?

 

yes hit letter of claim and follow post 2 (edit - dx)

[comebackjimmy]

No DX , this was an Opus own brand card taken out in 2017 I think.

 

I will follow the advice as above.  You referred me to post 5 which deals with overseas debt but I will extract the UK centric relevant stuff and go from there.  Will also now post up the usual questionnaire and answers.

Edited February 3, 2023 by comebackjimmy
spelling

[dx100uk]

opps so used to dealing with uae stuff

 

you need post 2 there

[comebackjimmy]

Post 2, Got it!

[comebackjimmy]

OK so I have prepped my response to the LBA to go to Mortiner Clark and produced a CCA request to go to Cabot and they will be posted Monday which is within the thirty days I have to respond.

 

Here is my answers to the standard questionnaire:

 

Name of the Claimant ? Cabot via Mortimer Clark

 

What is the claim for – the reason they have issued the claim? Unpaid Opus Credit Card bought by Cabot from Opus/Newday

 

What is the total value of the claim? £2892.11
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card
 

When did you enter into the original agreement before or after April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? On Line
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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. The Debt purchaser has sent the LBA, no CC claim pack yet.

Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes
 

Did you receive a Default Notice from the original creditor? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No, but there is a statment from Cabot as part of the LBA pack which I take to be an annual statement.
 

Why did you cease payments? Ran out of money in November 2021
 

What was the date of your last payment? Around November 2021
 

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

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Asked for a payment pause which was granted on another New Day card I had and still operate. It was not given for this one so I stopped paying.

 

I will update the thread when/if I hear back from Cabot and MC.

[dx100uk]

Not sure what the above is all about ???

 

You have no court claim ..you have a letter of claim, you click that and follow post 2 in that thread .

 

Dx

[comebackjimmy]

yeah done that in post 2.

[dx100uk]

post 2 in the letter of claim thread

 

not court claim one

just checking 

 

dx