Court Claim - Cabot Financial / Opus Credit Cards - 15-9-2014

[Happy Chap]

Received a claim? Yes
Issue Date: 15-9-2014
Amount approx: 9373.74
Claimant: Cabot Financial
Solicitor: Mortimer Clarke
Original Credit: Opus Credit Cards

Particulars of Claim:
By an agreement between Opus Credit Card (Opus)and the defendant on or around 14/03/1996
(the agreement) Opus agreed to issue the defendant with a credit card upon the terms and conditions set out there in. In breach of the agreement the defendant failed to make the minimum payments due andthe agreement was terminated. The agreement was assigned to the claimant on 28/09/2011
THE CLAIMANT THEREFORE CLAIMS 8863.74

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request

Other Info:
Got a 14 day extension waiting for agreemnent details. Its up tomorrow

[Happy Chap]

Cabot Opus Credit Card County Court Claim Urgent Help

Good afternoon, need urgent help to file defence tomorrow

[Amethyst]

Re: Cabot Opus Credit Card County Court Claim Urgent Help

Hi Happy

Might need a bit more detail to be able to help.....

Sharon
xxx

EDIT: THREADS MERGED

[Amethyst]

Re: Court Claim - Cabot Financial / Opus Credit Cards - 15-9-2014

Hi Happy

Just a quick draft for you - have added in a last contact, but if that has been since Sept 2008 take that line out.

DEFENCE

I received the claim No xxxxx on xxx/09/2014.
The claim is for a credit card agreement regulated by the Consumer Credit Act 1974 between myself and Opus dated 14/03/1996.
The Claimants has not sent any further details or a copy of the agreement or terms and conditions on which they rely.
The Claimant claims the agreement was assigned to them on 28/09/2011 therefore they are considered the Creditor by virtue of s.189 Consumer Credit Act 1974.
I formally requested a true copy of the original credit agreement under s.78(1) of the Consumer Credit Act 1974 in writing on XX/09/2014 and enclosed a postal order for £1.
The Claimant has failed to comply with this request and thus by virture of s.78(6) Consumer Credit Act 1974 they are unable to enforce the agreement whilst the default continues.
I hold no details of how the amount claimed has been reached.
I do not recall receiving a Default Notice from the claimant as required under s.87 Consumer Credit Act 1974.
I have not had contact with Opus since xxxx 2007 and therefore believe that the claim is statute barred by virtue of s.5 Limitations Act 1980.
It is denied that the Claimant is entitled to the relief as claimed, or at all.
Should the Claimant produce the required information I reserve the right the amend my defence and ask the Claimants pay the costs of the amendment.