CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

[jon1965]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

If they send you a recon agreement from opus it will be quite funny if you can prove ,say from bank statements, that it was with someone else.
also wouldn't you want to ask for the termination notice in the cpr as they mention it was terminated

[pt2537]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

If they send you a recon agreement from opus it will be quite funny if you can prove ,say from bank statements, that it was with someone else.
also wouldn't you want to ask for the termination notice in the cpr as they mention it was terminated

It would entirely discredit their case, ive blogged recently about the cases ive dealt with involving these Opus credit agreements, they truly are shocking, but its important that you defend it correctly or shocking or not you can end up with a CCJ and trying to appeal can be a real expensive game.

Its better to kill it now with an application to strike out in my opinion than letting it fester,

[FlamingParrot]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

g

Ok, The important things are the CCA request & CPR31,14 requests,
I 'll PM you some thoughts as promised later today.

nem

Wouldn't it be better if they were posted up here instead? There are a lot of those cards out there which were Citi cards to start with, even I had one myself.

As PT says, he's dealt with a few of those cases, I asked him to look in on this thread for that very reason, so it would be good to post everything up on here. :typing:

It would entirely discredit their case, ive blogged recently about the cases ive dealt with involving these Opus credit agreements, they truly are shocking, but its important that you defend it correctly or shocking or not you can end up with a CCJ and trying to appeal can be a real expensive game.

Indeed, I posted up a couple of them above because they sounded rather similar to this one, you may have some more though. :thumb:

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

It would entirely discredit their case, ive blogged recently about the cases ive dealt with involving these Opus credit agreements, they truly are shocking, but its important that you defend it correctly or shocking or not you can end up with a CCJ and trying to appeal can be a real expensive game.

Its better to kill it now with an application to strike out in my opinion than letting it fester,

Hello [MENTION=551]pt2537[/MENTION] - many thanks for your comments. Having sent the CCA and CPR Request, should I wait for these and then proceed forward regarding an "application to strike out"?

[pt2537]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hello @pt2537 - many thanks for your comments. Having sent the CCA and CPR Request, should I wait for these and then proceed forward regarding an "application to strike out"?

Its difficult to really advise you on the best course of action without having sight of the papers and the full details of the case.

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hi all,

I am still waiting for a reply from both Mortimer Clarke re. CR31.14 and Cabot re. CCA.

They have both received documents on Friday 10th July - just wondering if anyone knows the sort of turnaround for them to reply.

[FlamingParrot]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hi all,

I am still waiting for a reply from both Mortimer Clarke re. CR31.14 and Cabot re. CCA.

They have both received documents on Friday 10th July - just wondering if anyone knows the sort of turnaround for them to reply.

Going from experience on here, Cabot will send a letter saying it will take them 40 days to get your agreement in response to your CCA request. Mortimer Clarke don't usually manage to send the documents before the deadline for filing a defence but they often say they agree to a 28 day extension, sometimes without even requesting it.

[nemesis45]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hi all,

I am still waiting for a reply from both Mortimer Clarke re. CR31.14 and Cabot re. CCA.

They have both received documents on Friday 10th July - just wondering if anyone knows the sort of turnaround for them to reply.

12 + 2 Working Days for the CCA request.

7 days for CPR chase this but not the CCA.
Expect 40 days letter from Cabot on the CCA.
MC either " getting docs from client" or " not applicable as the claim
will likely be allocated to the small claims track.

nem

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hi [MENTION=1937]nemisis[/MENTION]45,

Thank you for the information. Should I write another letter to the Solicitors asking for the CPR, and mention I already sent a request for this which they signed for on 10th July?

Pos1tive

[FlamingParrot]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Thank you for the information. Should I write another letter to the Solicitors asking for the CPR, and mention I already sent a request for this which they signed for on 10th July?

You should chase the CPR request but you can do that on an email and then chase up by phone if necessary, this is what most people do to save time. :clock:

You may want to say that they should have had the documents before issuing a claim and you require them to prepare your defence. As they haven't sent them to you, would they kindly agree to a 28 day extension as allowed by CPR 15.5. If they agree, you need to inform the court (you can do so by email). :typing:

[nemesis45]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

[QUOTE=Pos1tive;561656]Hi @nemisis45,

Thank you for the information. Should I write another letter to the Solicitors asking for the CPR, and mention I already sent a request for this which they signed for on 10th July?
Yes write and remind Carter that CPR 31.14 still applies to the claim until it is allocated to the small claims track and you require the documents within 7 days, also point out he should have the documents " to hand" before issuing a claim.

nem

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

@nemesis45 Is the below OK as an email to the solicitors?

(Subject: Ref: County Court Claim Number: XXXXXXX)

Dear Sir / Madam,


I am contacting you with regard to a Letter I sent your office at address:


16-22 Grafton Road
Worthing
West Sussex
BN11 1QP


On XX July and was received (Signed for delivery) by yourselves on XX July.


In this letter I have requested for documents mentioned in a statement of case under CPR 31.14. Can you please let me know if you have sent this or intend to. I believe you should have these documents before making a claim and I require this as part of preparing my defence. As tI have not as yet received these, would you kindly agree to a 28 day extension as allowed by CPR 15.5.


Please do acknowledge this Email and I look forward to hearing from you.


Kind Regards,

[Pos1tive]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Hello all, I received a letter today from Mortimer Clarke addressed to my father,

Stating:

"Further to your letter dated XX July 2015, we are taking our client's instructions in relation to your request and will come back to you as soon as we can.

We confirm our client is willing to agree to an extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement."

Questions:

@FlamingParrot - you suggested to let the court know via email though the letter says in writing.

Do I need to send the court a copy of this letter as well as sent by Mortimer Clarke?

Many thanks for all's advice again so far - my father feel's Positive

- - - Updated - - -

@nemesis45 Is the below OK as an email to the solicitors?

(Subject: Ref: County Court Claim Number: XXXXXXX)

Dear Sir / Madam,


I am contacting you with regard to a Letter I sent your office at address:


16-22 Grafton Road
Worthing
West Sussex
BN11 1QP


On XX July and was received (Signed for delivery) by yourselves on XX July.


In this letter I have requested for documents mentioned in a statement of case under CPR 31.14. Can you please let me know if you have sent this or intend to. I believe you should have these documents before making a claim and I require this as part of preparing my defence. As tI have not as yet received these, would you kindly agree to a 28 day extension as allowed by CPR 15.5.


Please do acknowledge this Email and I look forward to hearing from you.


Kind Regards,

I didn't have to send this email in the end as Mortimer Clarke contacted via Letter today @nemesis45

[jon1965]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

Email to the court is acceptable-email and post as well if you want belt n braces but you could save a bit of money (just use proof of posting)

[nemesis45]

Re: CCJ from Mortimer Clarke on behalf of Cabot (OPUS Credit Card Debt sold to them)

You must inform the court in writing of the agreement on the extension.

nem