Cabot Financial / Wright Hassall / Opus credit card

[Amethyst]

Re: Cabot Financial / Wright Hassall / Opus credit card

Hi MrsJ

http://www.legalbeagles.info/forums/...t-Court-Claims is an example defence to get you started off.

Presumably you haven't had a copy of the original agreement yet ? so use the CCA sec 78(1) and 78(6) bits, and add in Statute Barred ( section 5 Limitations Act 1980 ) to it.

Opus card claims very rarely produce a compliant agreement so you should be fine.

Have a go at drafting the defence and post up for checking over xxx



Sharon
xxx

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Back again, we have done a defense, could you have a look and if all is OK we will use it on the courts web site

Thanks for the help so far.

[Amethyst]

Re: Cabot Financial / Wright Hassall / Opus credit card

That's excellent. Good work.

Paragraph 12 needs a bit of an amendment.

12. On the 11th December 2014 I sent a Part 18 request for further information to Cabot Financial UK Ltd. requesting the last date/amount of any payment made as it is my contention that the alleged debt would be Statute Barred by virtue of the Limitation Act 1980.


Also I'd amend 17 to;

17. I request the court orders the Claimants provide the necessary documentation in order for me to full plead my case else the claim should stand struck out.

19. For the avoidance of doubt I contend the alleged debt is time barred by virtue of section 5 of the Limitations Act and the creditor is in default of a formal request under section 78 of the Consumer Credit Act and therefore the debt claimed is barred from enforcement.

Then make your 19 as 20

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

So far we have not had any letters from Cabot or Wright Hassell, the defence was filed on 28th of December and acknowledged by the Court on the 29th by letter.

On the courts letter it says that if they wish to proceed with the claim they have 28 days to reply or the case will be stayed, do we just wait for the court to contact Mr J ( when is the 28 days up ) can we ask the court for the case to be struck out?.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

We spoke to soon!, could you have a look at the letters received today, they came with some Opus statements which we have never seen and some old CiTi statements which shows the account has not been used other than charges.

The Opus letter came in the same envelope as the rest, yet the way its written makes it look as if I've been in contact with them.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Could someone please advise us on our next move with regard to the letters above, do we wait for the court?, do we reply to Cabots letter?.

[Streetwise]

Re: Cabot Financial / Wright Hassall / Opus credit card

Could someone please advise us on our next move with regard to the letters above, do we wait for the court?, do we reply to Cabots letter?.

There is NO Credit agreement there, is that all they have sent you.

[Amethyst]

Re: Cabot Financial / Wright Hassall / Opus credit card

Yes I can't see the agreement in the rest of the attachments on the thread either. Did they enclose it with the letter? If they did, is there a date printed bottom left of the pages ? ( Most of the Opus agreements have November 2010 at the bottom ) They need to provide the original BMIbaby/Citi one.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Yes I can't see the agreement in the rest of the attachments on the thread either. Did they enclose it with the letter? If they did, is there a date printed bottom left of the pages ? ( Most of the Opus agreements have November 2010 at the bottom ) They need to provide the original BMIbaby/Citi one.

All we had are the two letters and the terms and condition from Opus but minus the date and signature page, the terms and conditions for CiTi but again minus the date and signature page, some CiTi statements and some Opus statements.

[Amethyst]

Re: Cabot Financial / Wright Hassall / Opus credit card

Okay that might be enough to comply on a 2008 inception debt.

The Citi terms are the inception terms - do they say BMIbaby within them and was your original card BMIbaby ?

The Opus terms are the varied terms from when Opus took over the cards in Nov 2010.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

This is the front page of the CiTi terms and conditions, we have highlighted where it mentions BMIbaby at the top, we can't see it mentioned anywhere else, there is a date on the Opus terms ( 20/11/2010 ) bottom right hand corner sorry we missed it :tinysmile_hmm_t2:

The original card was a CiTi card

[Streetwise]

Re: Cabot Financial / Wright Hassall / Opus credit card

This is the front page of the CiTi terms and conditions, we have highlighted where it mentions BMIbaby at the top, we can't see it mentioned anywhere else, there is a date on the Opus terms ( 20/11/2010 ) bottom right hand corner sorry we missed it :tinysmile_hmm_t2:

The original card was a CiTi card

Does Not look like a credit agreement to me is that it.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

That is page 1 of 15 single sided pages, and as it says on the top "Credit Card Agreement regulated by the Consumer Credit Act 1974"

[nemesis45]

Re: Cabot Financial / Wright Hassall / Opus credit card

This is a " reconstituted " agreement produced to satisfy the CCA request to be complaint it must have:
Your name and address as at the inception of the agreement
Name & Address of creditor at inception.
The Ts & Cs current at inception.
Ts & Cs current at closure.
Any document mentioned in the Ts & Cs
Any material amendments made during the life of the agreement.
A current statement of the account (signed).
NO signatures are required.

nem

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Thanks nem, with the CiTi agreement all the pages seem to be there, we are just checking to see if any documents are mentioned in it, we can't find a signed statement.

The Opus agreement doesn't have Mr's name, or address on, or the creditors address, other than a ref number, no signed statement.