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

[Berniethebolt]

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

By my calculation you have until 3rd to get your defence in
Date of service 2nd +5 days =6th +14 days to acknowledge=20th +14 days to defend=3rd Sept which is Thursday. ( I take the date of issue as day 1)

[Berniethebolt]

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

I think this is his blog on the issue
https://consumercreditlitigationandd...bot-financial/

It is certainly PT's blog that I would stake my life on.

Don't quote me but I think the defence needs to be a little more bullet pointed but [MENTION=551]pt2537[/MENTION] [MENTION=37786]FlamingParrot[/MENTION] or [MENTION=2]Celestine[/MENTION] will I hope give you more info.
Sadly it is a BH weekend.

I know you can put your defence in online , without reading back I am not sure if you are having problems with that but if you can and the defence is due on Tuesday 1st it would give you a little more time.

[Pos1tive]

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

My Defence at the moment: (Any feedback would be appreciated and how to include the fact a OPUS Credit Card was never owned and actually a CITI Was, which was sold to OPUS, whom then sold it to Cabot).

@PT2537, I'm trying to find your Hayes Vs Cabot Case as well? Can you point me in the right direction if it would help prepare my defence.
1: I, the Defendant have received the claim XXXXXXXX from the Northampton County Court on 3^rd July 2015.

2: Each and every allegation in the Claimants Particulars of Claim is denied unless specifically admitted in this Defence.

3: This claim appears to be for a OPUS Credit Card agreement regulated under the Consumer Credit Act 1974. The Defendant has never had an OPUS Credit Card.

5. The Claimants Particulars of Claim fail to state when the agreement was entered into and state’s “on or around 07/03/2008” which the Defendant disagrees as he has never had an OPUS Credit Card.

6. The Claimants Particulars of Claim state that the account was “By an agreement between OPUS CREDIT CARD (OPUS) & the Defendant” I, the Defendant deny ever having any such agreement with OPUS unless proved.

7. It is denied that OPUS served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On 9^th July 2015 and 6^th August 2015, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Mortimer Solicitors has not sent any of these documents to the Defendant.

10. On the 9^th July 2015, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. Cabot Financial (UK) Limited responded to the request of the original agreement on 25^th July 2015:

I acknowledge receipt of your request under sections 77-79 of the Consumer Credit Act 1974; however I have been unable to locate the account under the details you have provided, as the reference number you have quoted does not match our records.

Therefore I respectfully request that you obtain the correct Cabot reference number and confirm any previous address we may hold for you and forward that information on to us in order for your request to be actioned.

Enc: £1 Postal Order"

This gives the Defendant indication that Cabot Financial (UK) Limited are not organised enough to pursue a claim they have no knowledge of.

12. On the 27^th July 2015, a formal request for a copy of the original agreement to Cabot Financial (UK) Limited (Signed for Delivery) pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee was sent again.

13. On 5^th August 2015, Cabot Financial (UK) Limited sent a letter to the defendant advising

“I can confirm that the reference number you have provided relates to Cabot Financial (Marlin) Limited and not our office, which is why I was unable to locate your account previously. I can confirm that I have now located your account and I am sorry for any inconvenience caused by this delay.”

After a second formal request for a copy of the original agreement to Cabot Financial (UK) Limited, Cabot Financial (UK) Limited were now apparently able to confirm there claim but leaves the question that that the Claim Form has the Claimant Details as “Cabot Financial (UK) Limited and NOT “Cabot Financial (Marlin) Limited”.

14. On 6^th August 2015 and 6^th August 2015, the Defendant sent a request (Signed for Delivery) for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Mortimer Solicitors again. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment again.



15. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

16: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

17. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

18. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

19. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

20. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.


Signed …………………………………………

Dated .............................................

[Pos1tive]

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

Hi @pt2537,

Thanks for the feedback. I am a little confused now.

Should I still submit the Defence.

Should I mention this was with Citi and not with OPUS?

I was going to mention these points:

6. The Claimants Particulars of Claim state that the account was “By an agreement between OPUS CREDIT CARD (OPUS) & the Defendant” I, the Defendant deny having any such agreement with OPUS unless proved.

7. It is denied that OPUS served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

Does this not cover what you suggest that I have never had a OPUS Account?

Is there any points I should make specifically?

Thanks Again

[Berniethebolt]

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

May I refer you to post#1 pt.

" This account was taken out at previous address"

nem

What has that got to do with anything.
If the account opened was not with OPUS the whole claim is wrong and that needs addressing as PT says.
I would think it pertinent to remember that PT does this for a living

[nemesis45]

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

Im afraid i cant agree, the foundations of this case are awful, by lodging that defence A) you arent raising all of the issues and B) you are allowing the case to continue, which is wrong in my view.

This case is so obviously incapable of proof, that if it were a sick animal youd put it to sleep!!!!!

Personally, i wouldnt lodge the defence, id have been setting them up to strike them out, which i did on Cabot v Hayes, successfully too.

But then again youve gotta do what youve gotta do, however i fear you havent raised the key points which should be in the defence if your defending, such as how the Claimant can have standing if you never had an Opus account. Nemo dat quod non habet
which means one cannot sell what he does not own, in short if you only had an account with Citi, then only Citi can sell the account, so the pleaded case falls at the first hurdle surely???? and if so thats your best defence isnt it?

May I refer you to post#1 pt.

" This account was taken out at previous address"

nem

[pt2537]

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

Im afraid i cant agree, the foundations of this case are awful, by lodging that defence A) you arent raising all of the issues and B) you are allowing the case to continue, which is wrong in my view.

This case is so obviously incapable of proof, that if it were a sick animal youd put it to sleep!!!!!

Personally, i wouldnt lodge the defence, id have been setting them up to strike them out, which i did on Cabot v Hayes, successfully too.

But then again youve gotta do what youve gotta do, however i fear you havent raised the key points which should be in the defence if your defending, such as how the Claimant can have standing if you never had an Opus account. Nemo dat quod non habet
which means one cannot sell what he does not own, in short if you only had an account with Citi, then only Citi can sell the account, so the pleaded case falls at the first hurdle surely???? and if so thats your best defence isnt it?

[nemesis45]

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

Hello all,

I found a Template for the Defence I intend to Post tomorrow so the Court receives this on Tuesday 1st September.

Please can you have a look at the below?

I am happy with the Bits I have highlighted Green, and the Black Points I guess do not apply to me.

I would like some advice if at this point I should mention the main thing here being that I never had a agreement with Opus at all and was with Citi Card?

Also if I should mention I actually requested for the CCA and CPR twice?

Is there anything I should add additionally as well?

1: I received the claim XXXXXXXX from the Northampton County Court on 3^rd July 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a **OPUS** Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants Particulars of Claim fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that OPUS served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 9^th July 20i5I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Mortimer Solicitors has not sent any of these documents to me.

10. On the 9^th July 2015 I sent a formal request for a copy of the original agreement to Cabot pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.


Signed …………………………………………

Dated .............................................

Responding to PM's
OK Pos. nothing more to add?
If not good to go.
nem

[Pos1tive]

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

Hello all,

I found a Template for the Defence I intend to Post tomorrow so the Court receives this on Tuesday 1st September.

Please can you have a look at the below?

I am happy with the Bits I have highlighted Green, and the Black Points I guess do not apply to me.

I would like some advice if at this point I should mention the main thing here being that I never had a agreement with Opus at all and was with Citi Card?

Also if I should mention I actually requested for the CCA and CPR twice?

Is there anything I should add additionally as well?

1: I received the claim XXXXXXXX from the Northampton County Court on 3^rd July 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants Particulars of Claim fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that OPUS served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 9^th July I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Mortimer Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Mortimer Solicitors has not sent any of these documents to me.

10. On the 9^th July I sent a formal request for a copy of the original agreement to Cabot pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.


Signed …………………………………………

Dated .............................................

[Pos1tive]

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

FACTS FOR DEFENCE:

1. Court Claim: Dated: 2nd July / Received: 3rd July
Claimant:
CABOT FINANCIAL (UK) LIMITED
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
KENT
ME19 4UA

Address form Sending Documents to:
MORTIMER CLARKE SOLICITORS LTD
16-22 GRAFTON ROAD, WORTHING
WEST SUSSEX
BN11 1QP

Particulars of Claim:
By an agreement between OPUS CREDIT CARD (OPUS) & the Defendant on or around XX/XX/2008 (“the Agreement”) OPUS agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3XXX.XX

2. Acknowledged Court Claim Online: 8th July

3. Sent Request to Cabot for CCA: 9th July / Cabot received and Signed for on 10th July

4. Sent Request to Mortimer for CPR: 9th July / Mortimer received and Signed for on 10th July

5. Mortimer confirmed extension of 28 Days: Dated: 20th July / Received: 21st July

6. Sent a Recommendation to Mortimer to discontinue Claim: Dated: 19^th July / Sent: 20^th July / Mortimer received and Signed for on 21^st July

“Ref: County Court Claim Number: XXXXXXXX

Sir / Madam,

I write on behalf of my father Mr XXX XXX: With his full authority to act on his behalf, his authority is given below >

Notice of Authority to Act: Dated: Monday 19^th July 2015;

I Mr XXX XXX authorise my son Mr XXX XXX to Act on my behalf in the matter of this claim.

Signed: ……………………… Dated: ………………………

Having received the above-mentioned claim I have conducted a review of Mr XXX XXX’s finances and have concluded that a County Court Judgement is not going to achieve the result for client seeks.

Mr XXX XXX is aged 6X years of age and is in poor health and has no prospect of returning to any sort of work.

His income consists entirely of benefits and after paying utilities and living costs there is no residual income that to be allocated to non-priority debts.

Mr XXX XXX lives in rented accommodation and has no realisable assets.

Given this information I would suggest that Mortimer Clarke refers the matter to its client and suggests that in the interest of saving further costs and court time that the claim be discontinued.”

6. Advised Court of extension of 28 Days via Email and Letter on: 21st July
(The court did acknowledge this via Email)

7. Cabot responded to CCA Request: Dated: 23th July / Received: 25th July

"I refer to a letter received on XX July 2015

I acknowledge receipt of your request under sections 77-79 of the Consumer Credit Act 1974; however I have been unable to locate the account under the details you have provided, as the reference number you have quoted does not match our records.

Therefore I respectfully request that you obtain the correct Cabot reference number and confirm any previous address we may hold for you and forward that information on to us in order for your request to be actioned.

Enc: £1 Postal Order"

8. Sent Request to Cabot for CCA again: Dated: 27th July

“Your Reference: XXXXXXXX

I have received a letter from you (Attachment A) in correspondence to a Credit Card Agreement request I made dated 8th July (Attachment B).

I believe this is the correct Reference Number as you have advised of this reference number in a previous Letter sent to myself (Attachment C).

It has taken yourselves 15 days to return the Credit Card Agreement request and I believe this is a deliberate action to delay complying with the CCA request and that you do not expect any more delays, and the usual "40 day delaying” tactic is unacceptable.

I cannot advise anymore then use the Reference number you have provided.

I therefore re. Enclose the £1 Postal Order and ask if you action my Request made on 8th July immediately. ”

9. Received a Reply from Mortimer re. Recommendation to Discontinue Claim: Dated: 30^th July / Received 31^st July:

““Claim No: XXXXXXXX

Thank you for your letter dated 19 July 2015. We are grateful for you providing
further information about your father's circumstances.

In order for our client to better understand your father's circumstances, please provide us with appropriate evidence of his current medical situation.

This evidence could include a letter from a relevant professional with details of his situation. Examples of a relevant professional include your father's GP, a social worker or another qualified health or support worker assisting him.

We would be grateful if you could provide the above within 30 days together with the completed Income and Expenditure form which is enclosed, in order to better understand your father's financial status. We look forward to hearing from you.”

10. Received a Reply from Cabot re. CCA Request: Dated: 3rd August / Received: 5th August

RE: Opus Credit Card - XXXXXXXXXXXXXXXXX - £X,XXX.XX

Thank you for your letter, which was received on 29 July 2015. I can confirm that the reference number you have provided relates to Cabot Financial (Marlin) Limited and not our office, which is why I was unable to locate your account previously. I can confirm that I have now located your account and I am sorry for any inconvenience caused by this delay.

Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.

We currently do not have this information on file; however we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

What happens next?

We acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days of your original request, which was received on 10 July 2015. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

11. Sent Request to Mortimer for CPR AGAIN: 6th August / They received and Signed for on 7th August

“Claim Number: XXXXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

I sent a letter dated Wednesday 8th July with regard to a Request for documents mentioned in a statement of case under CPR 31.14.

I still await this and would like to remind you that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

Please can you send this in the next 7 Days. ”

12. Received a Response from Mortimer: 6th August / they received and Signed for on 7th August

“Claim No: XXXXXXXX

Thank you for your letter dated 4 August 2015, received on 11 August 2015.

We are continuing to liaise with our client in relation to your request for documentation. If you wish to complete the response pack that was provided by’ the Court in absence of the requested documentation, please feel free to do so.

In the meantime, the matter has been placed on hold and no further action will be taken in relation to the court proceedings.

Please be advised that we wrote to your authorised third party on 30 July 2015.

We enclose a copy of this correspondence for your reference. If you wish for us to correspond with you directly again, instead of your authorised third party, please let us know.

We hope this information is of assistance to you.”

Enclosed was also a copy of the letter they sent me Dated 30th July as mentioned in Point 9 Above

“Claim No: XXXXXXXX

Thank you for your letter dated 19 July 2015. We are grateful for you providing further information about your father's circumstances.

In order for our client to better understand your father's circumstances, please provide us with appropriate evidence of his current medical situation.

This evidence could include a letter from a relevant professional with details of his situation. Examples of a relevant professional include your father's GP, a social worker or another qualified health or support worker assisting him.

We would be grateful if you could provide the above within 30 days together with the completed Income and Expenditure form which is enclosed, in order to better understand your father's financial status. We look forward to hearing from you.”

- - - Updated - - -

FACTS FOR DEFENCE:

1. Court Claim: Dated: 2nd July / Received: 3rd July

Claimant:
CABOT FINANCIAL (UK) LIMITED
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
KENT
ME19 4UA

Address form Sending Documents to:
MORTIMER CLARKE SOLICITORS LTD
16-22 GRAFTON ROAD, WORTHING
WEST SUSSEX
BN11 1QP

Particulars of Claim:
By an agreement between OPUS CREDIT CARD (OPUS) & the Defendant on or around XX/XX/2008 (“the Agreement”) OPUS agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3XXX.XX

2. Acknowledged Court Claim Online: 8th July

3. Sent Request to Cabot for CCA: 9th July / Cabot received and Signed for on 10th July

4. Sent Request to Mortimer for CPR: 9th July / Mortimer received and Signed for on 10th July

5. Mortimer confirmed extension of 28 Days: Dated: 20th July / Received: 21st July

6. Sent a Recommendation to Mortimer to discontinue Claim: Dated: 19^th July / Sent: 20^th July / Mortimer received and Signed for on 21^st July

“Ref: County Court Claim Number: XXXXXXXX

Sir / Madam,

I write on behalf of my father Mr XXX XXX: With his full authority to act on his behalf, his authority is given below >

Notice of Authority to Act: Dated: Monday 19^th July 2015;

I Mr XXX XXX authorise my son Mr XXX XXX to Act on my behalf in the matter of this claim.

Signed: ……………………… Dated: ………………………

Having received the above-mentioned claim I have conducted a review of Mr XXX XXX’s finances and have concluded that a County Court Judgement is not going to achieve the result for client seeks.

Mr XXX XXX is aged 6X years of age and is in poor health and has no prospect of returning to any sort of work.

His income consists entirely of benefits and after paying utilities and living costs there is no residual income that to be allocated to non-priority debts.

Mr XXX XXX lives in rented accommodation and has no realisable assets.

Given this information I would suggest that Mortimer Clarke refers the matter to its client and suggests that in the interest of saving further costs and court time that the claim be discontinued.”

7. Advised Court of extension of 28 Days via Email and Letter on: 21st July
(The court did acknowledge this via Email)

8. Cabot responded to CCA Request: Dated: 23th July / Received: 25th July

"I refer to a letter received on XX July 2015

I acknowledge receipt of your request under sections 77-79 of the Consumer Credit Act 1974; however I have been unable to locate the account under the details you have provided, as the reference number you have quoted does not match our records.

Therefore I respectfully request that you obtain the correct Cabot reference number and confirm any previous address we may hold for you and forward that information on to us in order for your request to be actioned.

Enc: £1 Postal Order"

9. Sent Request to Cabot for CCA again: Dated: 27th July

“Your Reference: XXXXXXXX

I have received a letter from you (Attachment A) in correspondence to a Credit Card Agreement request I made dated 8th July (Attachment B).

I believe this is the correct Reference Number as you have advised of this reference number in a previous Letter sent to myself (Attachment C).

It has taken yourselves 15 days to return the Credit Card Agreement request and I believe this is a deliberate action to delay complying with the CCA request and that you do not expect any more delays, and the usual "40 day delaying” tactic is unacceptable.

I cannot advise anymore then use the Reference number you have provided.

I therefore re. Enclose the £1 Postal Order and ask if you action my Request made on 8th July immediately. ”

10. Received a Reply from Mortimer re. Recommendation to Discontinue Claim: Dated: 30^th July / Received 31^st July:

““Claim No: XXXXXXXX

Thank you for your letter dated 19 July 2015. We are grateful for you providing
further information about your father's circumstances.

In order for our client to better understand your father's circumstances, please provide us with appropriate evidence of his current medical situation.

This evidence could include a letter from a relevant professional with details of his situation. Examples of a relevant professional include your father's GP, a social worker or another qualified health or support worker assisting him.

We would be grateful if you could provide the above within 30 days together with the completed Income and Expenditure form which is enclosed, in order to better understand your father's financial status. We look forward to hearing from you.”

11. Received a Reply from Cabot re. CCA Request: Dated: 3rd August / Received: 5th August

RE: Opus Credit Card - XXXXXXXXXXXXXXXXX - £X,XXX.XX

Thank you for your letter, which was received on 29 July 2015. I can confirm that the reference number you have provided relates to Cabot Financial (Marlin) Limited and not our office, which is why I was unable to locate your account previously. I can confirm that I have now located your account and I am sorry for any inconvenience caused by this delay.

Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.

We currently do not have this information on file; however we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

What happens next?

We acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days of your original request, which was received on 10 July 2015. In the unlikely event we are unable to obtain this information within those time limits, we will write to you again.

12. Sent Request to Mortimer for CPR AGAIN: 6th August / They received and Signed for on 7th August

“Claim Number: XXXXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

I sent a letter dated Wednesday 8th July with regard to a Request for documents mentioned in a statement of case under CPR 31.14.

I still await this and would like to remind you that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

Please can you send this in the next 7 Days. ”

13. Received a Response from Mortimer: 6th August / they received and Signed for on 7th August

“Claim No: XXXXXXXX

Thank you for your letter dated 4 August 2015, received on 11 August 2015.

We are continuing to liaise with our client in relation to your request for documentation. If you wish to complete the response pack that was provided by’ the Court in absence of the requested documentation, please feel free to do so.

In the meantime, the matter has been placed on hold and no further action will be taken in relation to the court proceedings.

Please be advised that we wrote to your authorised third party on 30 July 2015.

We enclose a copy of this correspondence for your reference. If you wish for us to correspond with you directly again, instead of your authorised third party, please let us know.

We hope this information is of assistance to you.”

Enclosed was also a copy of the letter they sent me Dated 30th July as mentioned in Point (10) Above

“Claim No: XXXXXXXX

Thank you for your letter dated 19 July 2015. We are grateful for you providing further information about your father's circumstances.

In order for our client to better understand your father's circumstances, please provide us with appropriate evidence of his current medical situation.

This evidence could include a letter from a relevant professional with details of his situation. Examples of a relevant professional include your father's GP, a social worker or another qualified health or support worker assisting him.

We would be grateful if you could provide the above within 30 days together with the completed Income and Expenditure form which is enclosed, in order to better understand your father's financial status. We look forward to hearing from you.”

[Pos1tive]

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

Hello all, @nemesis45, @FlamingParrot, @pt2537

I hope you are well. It has just dawned on me that I have to prepare my defence and get this to the Court by Tuesday 1st September. I originally thought it was the 4th September but actually is sooner - the 1st

I have gathered all the facts but would apprecate some guidance writing my Defence and advise on how to submit this etc.

Please can you help?

[nemesis45]

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

Hello all @nemesis45, @FlamingParrot, @pt2537

So I sent the following Letter with regard to Cabot not finding my Reference number they provided and they have replied



There Reply is as follows:

"Thank you for your letter, which was received on 29 July 2015. I can confirm that the reference number you have provided relates to Cabot Financial (Marlin) Limited and not our office. which is why I was unable to locate your account previously. I can confirm that I have now located your account and i am sorry for any inconvenience caused by this delay.

Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.

We currently do not have this information on file; however we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.


What happens next?

We acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days of your original request, which was received on 10 July 2015. In the unlikely event we are unable to obtain this information within those time limits. we will write to you again If you have any queries, please contact me on the above telephone number.

Yours sincerely

XX XX
Customer Support Consultant

Registered Office: 1 Kings Hill Avenue. Kings Hill, West Mailing, Kent ME19 4UA Registered in England and Wales with Company No.3439445 Authorised and regulated by the Financial Conduct Authority"

Funny thing is - I was corresponding to an Address / Name that was mentioned on the Claim Form sent to me by the Court - I assume this is another point to note in my defence that the Claimants Solicitors are attempting a Claim for "CABOT FINANCIAL (UK) LIMITED" as mentioned on the Claim form but the above correspondence confirms this Claim is actually for "Cabot Financial (Marlin) Limited".

How should I now proceed? I sure hope they don't find the docs they claim to have requested!

The Cabot Financial ( Marlin) Ltd is just another " trading style" of Cabot used after they merged Marlin into the group.
Wait and see what the come up with, from what they say it looks like they are covering themselves in anticipation of providing a
reconstituted agreement if the actual agreement cannot be found.

nem

[FlamingParrot]

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

We acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days of your original request, which was received on 10 July 2015. In the unlikely event we are unable to obtain this information within those time limits. we will write to you again If you have any queries, please contact me on the above telephone number.

Yours sincerely

XX XX
Customer Support Consultant

Registered Office: 1 Kings Hill Avenue. Kings Hill, West Mailing, Kent ME19 4UA Registered in England and Wales with Company No.3439445 Authorised and regulated by the Financial Conduct Authority"

Funny thing is - I was corresponding to an Address / Name that was mentioned on the Claim Form sent to me by the Court - I assume this is another point to note in my defence that the Claimants Solicitors are attempting a Claim for "CABOT FINANCIAL (UK) LIMITED" as mentioned on the Claim form but the above correspondence confirms this Claim is actually for "Cabot Financial (Marlin) Limited".

How should I now proceed? I sure hope they don't find the docs they claim to have requested!

Cabot and Marlin are now one and the same since Cabot bought Marlin in Feb 2014. You have received their generic 40 day response letter they use to reply to all CCA requests.

The CCA request doesn't need chasing as non-compliance is a bar to enforcement and will be included in your defence.

There is no need to do anything at this point, just keep an eye on the calendar. :ranger:

[Pos1tive]

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

Hello all @nemesis45, @FlamingParrot, @pt2537

So I sent the following Letter with regard to Cabot not finding my Reference number they provided and they have replied

"Dear Sir/Madam

Your Reference: XXXXXXXX

I have received a letter from you (Attachment A) in correspondence to a Credit Card Agreement request I made dated XX^th July (Attachment B).

I believe this is the correct Reference Number as you have advised of this reference number in a previous Letter sent to myself (Attachment C).

It has taken yourselves 15 days to return the Credit Card Agreement request and I believe this is a deliberate action to delay complying with the CCA request and that you do not expect any more delays, and there usual "40 day delaying” tactic is unacceptable.

I cannot advise anymore then use the Reference number you have provided.

I therefore re. Enclose the £1 Postal Order and ask if you action my Request made on XX^th July immediately."

There Reply is as follows:

"Thank you for your letter, which was received on 29 July 2015. I can confirm that the reference number you have provided relates to Cabot Financial (Marlin) Limited and not our office. which is why I was unable to locate your account previously. I can confirm that I have now located your account and i am sorry for any inconvenience caused by this delay.

Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974.

We currently do not have this information on file; however we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.


What happens next?

We acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days of your original request, which was received on 10 July 2015. In the unlikely event we are unable to obtain this information within those time limits. we will write to you again If you have any queries, please contact me on the above telephone number.

Yours sincerely

XX XX
Customer Support Consultant

Registered Office: 1 Kings Hill Avenue. Kings Hill, West Mailing, Kent ME19 4UA Registered in England and Wales with Company No.3439445 Authorised and regulated by the Financial Conduct Authority"

Funny thing is - I was corresponding to an Address / Name that was mentioned on the Claim Form sent to me by the Court - I assume this is another point to note in my defence that the Claimants Solicitors are attempting a Claim for "CABOT FINANCIAL (UK) LIMITED" as mentioned on the Claim form but the above correspondence confirms this Claim is actually for "Cabot Financial (Marlin) Limited".

How should I now proceed? I sure hope they don't find the docs they claim to have requested!

[nemesis45]

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

[QUOTE=Pos1tive;564902]

Hi @nemesis45

I just saw this message and think I overlooked it.

Are you saying write another letter to Mortimer cLark requesting for the CPR?

Many thanks,
Pos1tive

Yes, remind MC that CPR31.14 applies until the claim is actually allocated to the track.

nem