ccj for a card i have no had

[windymilla]

Hi all
Received a ccj last week from Cabot via Shoosmiths ,for payment of a credit card bill I have never had .
No previous contact from Cabot or Shoosmith , this is a little scary for me , never seen any thing like this before.
I phoned cabot and was treated with contempt , passed from one operator to another for about ten minuets, constantly being asked how would I like to pay, no interest in me telling them I had never had such a card .

I have never had to deal with such things, I have filled in the template letters, would like a little help on how to construct what I should write on the defence part of the court claim form please


Un Happy Windy

[Streetwise]

Re: ccj for a card i have no had

Hi all
Received a ccj last week from Cabot via Shoosmiths ,for payment of a credit card bill I have never had .
No previous contact from Cabot or Shoosmith , this is a little scary for me , never seen any thing like this before.
I phoned cabot and was treated with contempt , passed from one operator to another for about ten minuets, constantly being asked how would I like to pay, no interest in me telling them I had never had such a card .

I have never had to deal with such things, I have filled in the template letters, would like a little help on how to construct what I should write on the defence part of the court claim form please


Un Happy Windy

Hi, at the start you say you have received a CCJ,at the end you ask for help on a county court claim form.
Do Shoosmiths have a judgement against you or has it still to go to Court and its just a claim form.

[nemesis45]

Re: ccj for a card i have no had

Hi all
Received a ccj last week from Cabot via Shoosmiths ,for payment of a credit card bill I have never had .
No previous contact from Cabot or Shoosmith , this is a little scary for me , never seen any thing like this before.
I phoned cabot and was treated with contempt , passed from one operator to another for about ten minuets, constantly being asked how would I like to pay, no interest in me telling them I had never had such a card .















I have never had to deal with such things, I have filled in the template letters, would like a little help on how to construct what I should write on the defence part of the court claim form please


Un Happy Windy

Hi Windy welcome to LB.

Cabot is the worst for aggressive and arrogant behaviour and it getting worse.
Please do not phone Cabot or their tame solicitors again you have already seen what they will do.

Please tell us the following.


1. Have you, acknowledge the claim online LMCOL).
2. . Please give us some history e.g. what is the value of the alleged debt.?
3. Have you check your credit reference files there is a possibility that this alleged debt has been wrongly attributed to you, the files will help us to advise fully. ( you can use Noddle it's free online, or Equifax and Experian (Credit Expert ) have 30 day free trials.
4.Who to Cabot say was the original credit card provider?

Please post the information here asap, it is possible to stop this going any further.

nem

[windymilla]

Re: ccj for a card i have no had

Hi, at the start you say you have received a CCJ,at the end you ask for help on a county court claim form.
Do Shoosmiths have a judgement against you or has it still to go to Court and its just a claim form.

Hi thanks for reply,
Sorry for the confusion ,this is a new experience for me.
This is at the early stage , not gone to court yet, the date on the court form is 30/03/15 . and i believe i have 14 days from then to return an answer .

As i have never had the card in question i will want to reject the claim of course.

[nemesis45]

Re: ccj for a card i have no had

Ok please supply the following.

1. The name of the " original creditor" ( credit card provider.
2. How much is the claim for?
3. Information showing on credit reference files.

nem

[windymilla]

Re: ccj for a card i have no had

1 Opus

2 £1219.0 plus costs of £150.00

3 I have never looked at credit files (sorry)

Thanks mem

[Kati]

Re: ccj for a card i have no had

3 I have never looked at credit files (sorry)

it would be worth you having a look ... as Nem said, Noddle is free https://www.noddle.co.uk

[nemesis45]

Re: ccj for a card i have no had

Important acknowledge claim online (MCOL) and intention to defend.
.

1. Subject Access Request under the Data Protection Act to Opus using the detail supplied on the claim form to find out if this account actually existed. £10. Statutory fee payable 40 days to comply. Just a suggestion.
2. A CCA request to Cabot using your personal details to see if the come up with an agreement. £1 statutory fee payable use a cheque or postal order endorsed " For Statutory Fee Only" (keep a photocopy). there's a template in the forum library for this.
Cabot has 12 + 2 Working Days to comply. signed for post is best.
3. CPR31.14 request to Shoosmiths for all the documents mentioned in the particulars of claim ( template in forum library.

2 & 3 you need to do asap.

Also I could draft a letter to Cabot/Shoosmith putting forward that no such debt exists as you have never been a client of Opos and
and invite them to withdraw the claim in the interest of saving costs and court time.

nem

[windymilla]

Re: ccj for a card i have no had

Hi Nem

Thank you for your very valuable advice, I have just completed the template request letters, and I shall send them recorded delivery first thing in the morning, I would appreciate a draft letter , as I worry if I do it I may not cover the subject correctly,
Thank you once again for your help here ,

[nemesis45]

Re: ccj for a card i have no had

Hi Nem

Thank you for your very valuable advice, I have just completed the template request letters, and I shall send them recorded delivery first thing in the morning, I would appreciate a draft letter , as I worry if I do it I may not cover the subject correctly,
Thank you once again for your help here ,

Ok will do during today.

nem

[windymilla]

Re: ccj for a card i have no had

Thanks ,i apreciate the help

[nemesis45]

Re: ccj for a card i have no had

I'm reading through again ready to draft a letter for you.

nem

For the Personal Attention of
The Managing Partner
Shoosmiths Solicitors


Date:........................:

Ref: County Court Claim No...........................:
cc.Your Client Cabot Financial:

Sir/Madam,

I refer to the above mentioned claim initiated by Shoosmiths on behalf of Cabot Financial, this a appears to be in regard to a credit card account with Opus, please note I do not acknowledge any liability to your client for this alleged debt.

I Name Formally State the following: I am not now nor have I ever been a customer of Opus I have at no time had in my possession held a credit card issued by Opus, thus I cannot and Have not incurred/accrued any debt or liability arising from the use of such a credit card.

In the interest of saving further cost and court time I suggest Shoosmiths informs it's client of this situation and recommends that it withdraws it's claim.
Should your client decide no to withdraw the claim will be robustly defended.

I require a response to this letter within 7 working days of the date hereon.

Yours etc.
Use signed for post/ copy to Cabot Attn, of Legal Department.

nem

[windymilla]

Re: ccj for a card i have no had

Thanks nem , I will do this tomorrow as soon as I can, I have sent of the other 2 letters using templates as you have advised, both recorded delivery.
Just one more question please , when I use the online link to the court to acknowledge claim and to state I will defend, do I have to enter defence right away ? or can I log back in to complete statement ?

I know it seems I am dragging my heals with this but I am very nervy about making a mistake , The date of issue was the 30/03/15 ,so I am still within my 14 days.


Thanks again for all your help so far.

[nemesis45]

Re: ccj for a card i have no had

Happy to help Windy!!
You are right to be cautious.

nem

[windymilla]

Re: ccj for a card i have no had

Hi
just filling in to online form for the money claim
I am at the part where it asks do I intend to contest jurisdiction against me do I click yes against this ?