Citi-Opus- Cabot, help required re submission of defence

[secretfsquirrel]

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

Edited May 6, 2015 by secretfsquirrel
spelling

[secretfsquirrel]

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

[Ford]

a couple of quick q's

did you notify the court of the agreed extension? if not, do so asap. and get a defence in asap thereafter.

as dx asks, have you done a cca request to the current owner/claimant? if not, do so asap.

have you checked yr credit files, see when they have recorded a default

[secretfsquirrel]

Yes have notified Court of agreed extension, it is the defence I need help with.

Three years ago but is useless, not correct company

[dx100uk]

did you send a CCA request?

 

 

dx

[secretfsquirrel]

Yes but all to do with Opus, not Citi

[dx100uk]

have you, since the claimform arrived, sent the CLAIMANT a CCA request?

 

 

they'll never be able to get anything

as the lot was shredded years ago.

but you must do so.

[secretfsquirrel]

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.....

[dx100uk]

std holding/no paperwork defence by the looks of things then?

 

 

available in many credit card threads in this forum

and

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

but post it up here first please

[Ford]

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.....

 

goodo re cca request. always a must to the claimant.

 

you said claim issue was 30th march. with an extension (28 days?), you shld have a bit of time yet then?

 

when again did you cease payment?

[secretfsquirrel]

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.

[secretfsquirrel]

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

[Ford]

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.

 

 

generally anyway there is 33 days from the claim issue date to submit a defence, provided ack within 14 to defend. so, with another 28 days re the extension on top of the initial deadline?

[dx100uk]

you need to align your defence to their POC

 

 

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

Defence

 

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. It 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.

 

4.It is denied that the claimant has complied as far as is necessary with the pre action conduct practice direction.

 

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;

 

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

 

6. 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.

 

7. 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

Edited May 12, 2015 by Andyorch
amended

[secretfsquirrel]

Thank you so much DX, getting the hang of it now, can I submit this before deadline day?

[dx100uk]

you can yes but little point really

from what I understand 28th may now your deadline..

 

 

you need to get the numbering right

and let andyorch check first before filing.

 

 

dx

[secretfsquirrel]

Could someone please tell me how to get andyorch to check my draft submission......

[Andyorch]

Good to go Squirrel...I have just added a point 4.........rest is fine.

 

Regards

 

Andy

[secretfsquirrel]

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

[secretfsquirrel]

Bump please......

[dx100uk]

next move is theirs SS

 

 

if they've not sent you the signed agreement from 2002 is it?

and the correct T&C's [which are rarer than hens teeth]

 

 

its simply rubbish to try and spoof you

 

 

dx

[secretfsquirrel]

Thanks DX...ignorance I'm afraid their SS? in layman's terms.....

[dx100uk]

next move is theirs SS = secretfsquirrel

[secretfsquirrel]

[secretfsquirrel]

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?.....