Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

would you believe it, just after filing my defence last night i receive a letter reply from CABOT saying "They do not currently have this information on file, we have requested it from the original lender" then below stating the usual it may take up to 40 days to produce this information!

Please, Please, SEND A COPY OF THE CABOT LETTER TO THE FCA WE KNOW FROM A POST HERE TO DAY THAT IT IS " INTERESTED " IN THIS LETTER.##

Reject Cabots response send a letter to Ken Stannard CEO Cabot, pointing out that the statutory time scale for a CCA Request is 12+ 2 Working Days not 40 days and that it has been brought the attention of the FCA.

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Your defence was submitted on 15/01/2015 at 19:55:33


Your defence was received on 16/01/2015 at 08:00:51

I have heard nothing back from the court or the solicitors / cabot since i submitted my defense as above. Surely they only have 15 days?

anyone know?

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Any idea on the above anyone ?

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

1 month passes since my defense was received, can anyone help me as to what i should be doing now?

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Hi Check with the court I suspect it might be stayed.

nem

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

I have emailed the court today, but also today received a response to my CCA to CABOT,
Please can you take a look at the attached 3x multi page PDF files (split down for size limits)
They have sent me agreements from OPUS and what looks like CITI card, i believe the original card was CITI.
Where do i stand with these? Ive heard nothing from CPR request from solicitors.

Please any help would be great thanks,

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

The OPUS agreement is the terms as varied from when Citi were taken over by Opus - however they mention NewDay which didn't exist as a name till April 2014 so they can't be dated November 2010.

With effect from 1st April 2014, Progressive Credit Limited changes its name to NewDay Ltd. Therefore, your Opus credit card agreement is now between you and NewDay Ltd. We have also made some changes to your terms and conditions and you should have received a new set for your records.

The other agreement is the Citi card terms - when was your Citi account opened? 2006? and where did you get Egg from ? Did you have a Citi / Opus card or just an Egg card ?

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Hi Amethyst, i believe i probably was wrong with the title of the thread, and actually this was originally a CITI card. I did have a CITI card at one point, never had an OPUS card or anything, i believe it was passed to OPUS and then onto debt collection through various agencies until it eventually got to CABOT. Ive never heard of Newday ltd. According to credit file the CITI card account was opened on 26/07/2007, but is now obviously under the name of CABOT. The date sounds about right to me.

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Okay that makes sense, thanks. In that case the original Citi agreement would probably pass muster (I'm going to mod your attachments as your personal details are on them) as it is post April 2007, contains the prescribed terms and you don't dispute having it.

I'm going to have another look at the Opus terms.

[nemesis45]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Two sets of agreement T& C's with your name and address at inception a reconstituted agreement. Read that through very, very carefully to see if there are any documents mentioned on any of the pages which have not been supplied.
Which came first Egg or Citi?

nem

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Hi Nemesis, i believe there was no EGG card and it was originally a CITI card which i had, i just remembered it incorrectly. Will have a good read through and believe amethyst is doing the same to help me out , thankyou!

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

So the Opus agreement everywhere apart from the top of page 1 of 5 refers to Opus at Opus address etc, then top page 1 refers to Newday, who didn't exist when the agreement was dated Nov 2010

thus

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Thanks amethyst i saw that too once you pointed it out, so i take it that means the t&c's from the opus agreement are not valid? Is this what i should be replying to CABOT with?

Thanks again

[ohwhatalad]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Hi again Amethyst, what would you do now if you were in my shoes, reply to the CCA request outlining the information regarding the newday first page of the agreement being incorrect? Thanks

[Amethyst]

Re: Court Claim - CABOT FINANCIAL / EGG - 15-12-2014

Hiya, Yes I think that would be a good idea, and point out this does cast some doubt over the validity of the Citi agreement too and that you do not recall signing that kind of document with Citicards.