Cabot Financial / Wright Hassall / Opus credit card

[MrsJ]

Looks like it is going to be busy this December yet another one has landed on the doormat.

going to have to do some digging as dont know who Opus credit card is,unless they were known as something else.
I will add a note later if I can find out who it is.
The particulars of the claim are as follows

The Claimants claim is for debt(s) arising from Consumer Credit Act 1974 agreement(s).
The Claimant is a Assignee of the following debts,notice of the assignment having been given to the Defendant in writing. Opus Credit Card Opus Credit Card. Account no. ********** # 5300.54.
Despite demands for payment the above sums remain due. The Claimant therefore claims the sum of #5300.54 interest under s69 County Courts Act 1984 and costs

Would like to know when to send request for further info is it now or do I acknowledge the court first ?
Can I also request a date that the last payment was made into this account because i haven't got a clue at the moment who it is

[FlamingParrot]

Re: Cabot Financial / Wright Hassall / Opus credit card

Looks like it is going to be busy this December yet another one has landed on the doormat.

Creditors often issue claims in December, hoping people will be away or too busy to open the post or deal with it.

going to have to do some digging as dont know who Opus credit card is,unless they were known as something else.
I will add a note later if I can find out who it is.

Probably a Citi card, I had one of those and they were sold to Opus in 2010 or theareabouts.

The particulars of the claim are as follows

The Claimants claim is for debt(s) arising from Consumer Credit Act 1974 agreement(s).
The Claimant is a Assignee of the following debts,notice of the assignment having been given to the Defendant in writing. Opus Credit Card Opus Credit Card. Account no. ********** # 5300.54.
Despite demands for payment the above sums remain due. The Claimant therefore claims the sum of #5300.54 interest under s69 County Courts Act 1984 and costs

Would like to know when to send request for further info is it now or do I acknowledge the court first ?

You need to acknowledge the claim first (within 14 days of receipt), then follow steps as below:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Can I also request a date that the last payment was made into this account because i haven't got a clue at the moment who it is

See this: http://www.legalbeagles.info/forums/...233#post388233

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Thank you for your quick response Flaming Parrot
Just found an old citi statement but account no's dont match. The amount is about £1800 different from the claim.
The credit limit on citi was £3500. Have never had any form of communication from Opus before.

[Celestine]

Re: Cabot Financial / Wright Hassall / Opus credit card

It's quite common for the account numbers to be altered! This 'Opus' account will most likely have started life as a Citicard around 2003.

when/if they send you a copy of the 'credit agreement' you entered over ten years ago, it will have an electronic date of 20th November 2010.......

You didn't enter into an agreement with Opus and you'll need to defend the claim on that basis along with non compliance of CCA- because you almost certainly won't get a copy of the Citi agreement.

[nemesis45]

Re: Cabot Financial / Wright Hassall / Opus credit card

Thank you for your quick response Flaming Parrot
Just found an old citi statement but account no's dont match. The amount is about £1800 different from the claim.
The credit limit on citi was £3500. Have never had any form of communication from Opus before.

##
Have you checked your credit files? This may give some idea of the last payment date/default date IF the account is still on file.
If not on file because 6 years have elapsed since the default date it could indicate that the debt is statute barred IF there has been no payment or unequivocal written acknowledgment of the debt in 6 clear years.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Just checked the credit report, it says the default date was 2010, we know this is not true as we have found letters asking for payments into the account going back to early 2009, none were ever made.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

We received a letter today from Wright Hassell, we are not sure why they sent it as it answer's nothing, do we re-send the CPR letter or send something else?

We still haven't had any response from Cabot.

[nemesis45]

Re: Cabot Financial / Wright Hassall / Opus credit card

OK, just because payments were being chased in 2009 does not necessarily mean the default was placed immediately it could be up to the months after payments ceased.
What is the exact date of the default shown on the credit file.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

28/05/2010 is shown on the credit file, but we have letters asking for payment going right back to early 2009.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Just an update as we are running out of time, the defense date deadline is 29/12/14.

below is the second letter sent to Wright Hassell as we still have not had any information from them.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Had this reply from our letter, they still are stalling and the chances of receiving any information now is slim due to the Christmas post.

Has anyone any idea what line of defense MrJ should take.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

We have had this letter from Cabot, they seem to be as bad as Wright Hassell.

They also have declined to ask for an extension of time.

Any ideas of the best way forward.

[nemesis45]

Re: Cabot Financial / Wright Hassall / Opus credit card

Surely this should have been removed from the CRA files on the 6th anniversary of the default date paid or not??
So what going on, is there an arrangement to pay marker on the CRA file?
Have Any Payments been made since the default date, has any written admission of liability been made?

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Thanks nemeis45, we have never entered into any arrangement with Cabot, or this company Opus, or even CiTi.

MrJ has never spoken to or written to any of them either, since he stopped paying.

He definitely has never made any admission of liability.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Hi all, we hope everyone had a good Christmas.

Back to the job in hand "Cabot" and "Wright Hassell", nothing in the post today so the defense must be in by Monday and that's allowing for the Christmas Hol's.

Has any one got some ideas for the defense as we need to draft one up tomorrow.

Many thanks.