secretfsquirrel
-
Posts
15 -
Joined
-
Last visited
-
Serve them a seven day wonder or request a strike out Andy.. .....Had a CCA back from Crapot. ...only put together Opus conditions and City statements or rather Opus was mentioned in the conditions but was headed Progressive with recent address, getting worse....
-
Have today received a "stayed" letter from Solicitors but nothing from the Court, is there anything I can do to force their hand at this stage?.....
-
Thanks DX...ignorance I'm afraid their SS? in layman's terms.....
-
Bump please......
-
Defence submitted CCA sent to Cabot and have received hashed up Opus Credit Agreement This agreementwas requested from Opus and dated April, 2013, with different Credit Card Number, no credit limits or anything; also a large number of Citi statements dated 2006 onwards and a couple of Opus statements dated 2011.... Any further action on this lot? No original docs from Citi Bit more disturbing got copies of Experian and Equifax reports. No sign of Citi at all, details expunged. Both show Credit Card from Cabot Financial (UK) Ltd, with a start date of Sept. 2002 and a default date of January 2011...yet they say the account was assigned to them in Feb. 2015 in their particulars of claim. Is there anything else I can do? Application Notice (N244)? Cheers Squirrel
-
Could someone please tell me how to get andyorch to check my draft submission......
-
Thank you so much DX, getting the hang of it now, can I submit this before deadline day?
-
Particulars of Claim 1. The claimant claims payment of £xxx.xx an overdue balance which the defendant has failed to pay as required under a contract with the following particulars Acc noxxxxxxxxxxxxxx, between the defendant and Opus Credit Card 2. The contract was assigned to the claimant on xx/xx/xxxx Defense 1. The Defendant contends that the particulars of 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. 2. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14.This was posted on xx April,2015. To date I have yet to receive a compliant response. I received a letter from xxxxxxxxxs Solicitors dated xxth April 2015 agreeing to provide an extension to file a defense within 14 days of receipt of documents. To date I have had no further response. Therefore with the Courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief. (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, it is expected that the Claimant prove the allegation that the money is owed. 5. 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. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief
-
Would the 28 days be from the date of Solicitors letter agreeing to the extended period or from 30th March, ceased payment 2010. Am posting up a defense in a minute.
-
CCA gone......along with £1 PO 28 days is up on Monday, that's if it is a straight 28 days from the day that Solicitors agreed to 28 day extension. Should I get a somewhat negative defence into the Court by Monday? Thanks Checking credit files.....
-
Yes but all to do with Opus, not Citi
-
Yes have notified Court of agreed extension, it is the defence I need help with. Three years ago but is useless, not correct company
-
Name of the Claimant ? Cabot Date of issue – 30th March 2015 Extension granted by Sol. on submission of CPR 31.14 What is the claim for – 1. The claimant claims the sum of £980 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Opus and assigned to the claimant on 09/02/2015 notice of which has been provided to the defendant. 2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the CCA 1974 3. The claimant claims the sum of £980 and costs 4. The claimant has complied as far as is necessary with the pre action conduct practice direction What is the value of the claim? £1080 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? 2002 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 Assigned. and debt issuer has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? 2010 What was the date of your last payment? Not known Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No
-
Citi-Opus-Cabot Court claim issued Acknowledged to Court and solicitors CPR 31.14 submitted to solicitor Agreed extension with solicitor Have had no further contact from Solicitor Would like help with submitting defence without any info
