Court Claim - Cabot Financial (UK) Limited / OPUS - 18-9-2015

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / OPUS - 18-9-2015

I'm sure that would have been when it was. I don't have any bank statements from back then (I use purely paperless statements for my accounts now, and so cannot confirm.) Should I contact the bank and see if they can provide me with statements either from around the date of the default, or before, in the hope I can prove one way or the other, if and when I last made a payment?

You could send a SAR to get copies of statements, however, most banks argue they only hold data for the past six years.They have 40 days to respond so you wouldn't get them before your defence is due but there is still quite a bit of time before actually going to court so they may come it handy. It will cost you £10 and if you decide to send it, I'd suggest signing the letter or they'll just argue that they don't have to comply... :blah: :blah: I wish you the best of luck trying to get statements from OPUS, it was rather a struggle for me to get anywhere with them back in 2012! :rant:

[Tal]

Re: Court Claim - Cabot Financial (UK) Limited / OPUS - 18-9-2015

As expected, I have today received the '40 day' letter from Cabot. I'm now not 100% sure what actions I should be taking, if any?

Should I just now wait and submit defence based on lack of documentation / non-compliance by Cabot & Restons?

Thanks in advance.

[Tal]

Re: Court Claim - Cabot Financial (UK) Limited / OPUS - 18-9-2015

You could send a SAR to get copies of statements, however, most banks argue they only hold data for the past six years.They have 40 days to respond so you wouldn't get them before your defence is due but there is still quite a bit of time before actually going to court so they may come it handy. It will cost you £10 and if you decide to send it, I'd suggest signing the letter or they'll just argue that they don't have to comply... :blah: :blah: I wish you the best of luck trying to get statements from OPUS, it was rather a struggle for me to get anywhere with them back in 2012! :rant:

I will consider doing this, thanks. Is it worth me attempting to phone them to get the last payment date on the account? (If the account is mine, surely I would be able to satisfy any security requirements?) I don't want to get caught in a way that can be seen as me acknowledging the debt.

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Limited / OPUS - 18-9-2015

As expected, I have today received the '40 day' letter from Cabot. I'm now not 100% sure what actions I should be taking, if any?

Should I just now wait and submit defence based on lack of documentation / non-compliance by Cabot & Restons?

Thanks in advance.

Ignore Crapbots 40 days nonsense.
A SAR is a very good idea creditors must hold data for 6 years After and account is closed.

nem

[FlamingParrot]

Re: Court Claim - Cabot Financial (UK) Limited / OPUS - 18-9-2015

As expected, I have today received the '40 day' letter from Cabot. I'm now not 100% sure what actions I should be taking, if any?

Should I just now wait and submit defence based on lack of documentation / non-compliance by Cabot & Restons?

Thanks in advance.

You shouldn't chase Cabot for the CCA request but you do need to chase Restons for the CPR request if you haven't done so already. May also be an idea to ask them to agree to a 28 day extension under CPR 15.5 if you haven't asked them. Once you go through the motions, it will be time to file the generic defence you mention, unless you get all the documents before that. :flypig: :flypig: :flypig:

I will consider doing this, thanks. Is it worth me attempting to phone them to get the last payment date on the account? (If the account is mine, surely I would be able to satisfy any security requirements?) I don't want to get caught in a way that can be seen as me acknowledging the debt.

Some people have been successful in obtaining this information so it's worth a try. For the purpose of limitation, an acknowledgment of the debt has to be in WRITING. :typing: