cabot/ccj

[windymilla]

Hi came home tonight to find a order to pay a serious amount of money £1300 , aprox
This is from a claim from Cabot for a credit card I have never owned.
I am upset with this, I had court threat months ago , filled in on line I would be defending the claim, nothing more from the court, have letter from Cabot solicitors, saying no action will be taken until Cabot provide evidence of signed contract etc , nothing has come from that request, other than a photo copy of a credit agreement (unsigned), and now about 6 months later , an order to pay has come ! this can not be legal can it ?
Advice needed please

[Kati]

Re: cabot/ccj

Hi Windy ... I'll just :bump: this for [MENTION=55034]nemesis45[/MENTION] and [MENTION=37786]FlamingParrot[/MENTION]. Try not to worry right now, you'll get lots of advice :nod: xx

[windymilla]

Re: cabot/ccj

Thanks Kati
very stressful

[Amethyst]

Re: cabot/ccj

You may need to apply to set aside the judgment in default - but need to know if you have a defence first. Is it the same claim as in http://www.legalbeagles.info/forums/...528#post537528 ?

Received a ccj last week from Cabot via Shoosmiths ,for payment of a credit card bill I have never had .

[windymilla]

Re: cabot/ccj

Hi Amethyst
yes its the same one

[Amethyst]

Re: cabot/ccj

Okay. First thing to do is contact the claimant and tell them they told you the case was on hold as they couldn't find the documents, so you are shocked to receive the judgment from the court - particularly as the account is not yours - ask them if they would consent to a set aside as you understand you need to apply to set the judgment aside now, and submit your defence stating the account is not yours and the claimant has failed to give you any documents evidencing it is.

See what they say and if they consent ( or not) we'll give you a hand sorting out your set aside application. do you still have the letter they sent saying it was on hold ?

[windymilla]

Re: cabot/ccj

Please bear in mind I am a complete novice here,
I went on line to acknowledge the claim, and said I would defend all of it , expecting to hear of a court date when the time came , I have been told nothing

- - - Updated - - -

yes I have the letter from solicitor , saying its on hold

[judgemental24]

Re: cabot/ccj

You need to watch the time scales on this

If you have just received the General form for judgement then you would have been given the CCJ during the previous week

You have a Maximum or 2 weeks now to get that set aside application in from date of judgement

It looks to me that either:

1. You did not abide by the court time scales and got a judgement in default
2. The claim was stayed, Cabot applied to lift the stay and you did not object and received judgement in default

This is not your fault as it is not expected you to understand such things

What does that order to pay state or is it a General order of Judgement?

[nemesis45]

Re: cabot/ccj

Hi Windy ... I'll just :bump: this for @nemesis45 and @FlamingParrot. Try not to worry right now, you'll get lots of advice :nod: xx

Good Afternoon Kati I'll take a look now.

nemxx

[nemesis45]

Re: cabot/ccj

Please bear in mind I am a complete novice here,
I went on line to acknowledge the claim, and said I would defend all of it , expecting to hear of a court date when the time came , I have been told nothing

- - - Updated - - -

yes I have the letter from solicitor , saying its on hold

Good afternoon, responding to [MENTION=49370]Kati[/MENTION] bump.

I can ask a few questions please.

1. Who was the credit card provider?
2. You have never had a credit card from this provider?
3. Have you checked your credit files recently, does the
alleged debt appear there.

4. You have a letter from solicitors stating action is " on hold" what is the date on that?

5. What is the date on the " Form of General Order or Judgement?

nem

[windymilla]

Re: cabot/ccj

1 opus

2 no
3 never check credit report
4 I have the letter 13/04/15
5 30/09/15

thanks Mem

[nemesis45]

Re: cabot/ccj

1 opus

2 no
3 never check credit report
4 I have the letter 13/04/15
5 30/09/15

thanks Mem

Ok Windy.

Check CRA file entry first.
Opus took on many Citi accounts and some Associates Capital Corp cards does this ring a bell?

nem

[FlamingParrot]

Re: cabot/ccj

Hi came home tonight to find a order to pay a serious amount of money £1300 , aprox
This is from a claim from Cabot for a credit card I have never owned.
I am upset with this, I had court threat months ago , filled in on line I would be defending the claim, nothing more from the court, have letter from Cabot solicitors, saying no action will be taken until Cabot provide evidence of signed contract etc ,

Unfortunately this is a common occurrence because they often issue template letters that say things such as the account being on hold, however, when a claim has been issued, a defence has to be filed before the deadline, even if only to say that you never had the account in question and/or that you never received the requested documents. :mmph:

nothing has come from that request, other than a photo copy of a credit agreement (unsigned), and now about 6 months later , an order to pay has come ! this can not be legal can it ?
Advice needed please

Was that an agreement with your name and address and did it refer to an account you had or what sort of document was it? Would be useful if you could post up a redacted copy of it. :typing:

1 opus

2 no
3 never check credit report
4 I have the letter 13/04/15
5 30/09/15

So it was a claim issued by Cabot for a credit agreement between yourself and OPUS or something to that effect?

Did you have a Citi card? If so, they were sold to OPUS at the end of 2010, I also had one of them. If the particulars of claim said that you had an agreement with OPUS, then you may want to take a look at this: Sav Credit? Opus? CC Asset Management? Citi Card? Or Peoples Bank? a shame the Debt world cant work it out

The case was pleaded that the client entered into an "Opus" account in 1998, first mistake, Opus werent issuing these cards back then. Secondly, whatever this card was, it is clear that the pleaded case made no mention of the chain of assignment that took it from the original creditor through to the current claimant.

Now you would have thought with a firm like Restons on the other side they would have realised, but you would have thought wrong!!!!!!!

Anyway, a request for discovery was made per CPR 31, it was met with the most bonkers reply i have ever seen, basically it said the client must have had the documents when the account was opened so they should check their records????? WTF How is this possible i asked myself, it was a simple case of how can you have something which never existed in the first place????? anyway, they wouldnt disclose so after looking at the whole picture, we decided that this sick puppy should be put down with a swift application under CPR 3. In fact the case was soo shockingly bad, i managed to get in each limb of CPR 3.4(2) in my application!!!

Anyway, they have now abandoned the case, but i cant help thinking there will be more of this type of case out there begging for the same treatment................

Were Cabot's solicitors also Restons?

Maybe @pt2537 can take a quick look as he dealt with this one. :yo: