Cabot Financial / Wright Hassall / Opus credit card

[Streetwise]

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"

If your not going to show us everything we are just left to GUESS.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Page 1 is above, here is the rest relating to citi agreement, we hope this helps. (5 pages more to follow)

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

more to follow

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

This now concludes the CiTi agreement.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

These pages are the Opus agreement, it does not have their address on or our's, just an agreement number.

We have not had a copy of the notice of assignment, or a copy of the default notice.

[nemesis45]

Re: Cabot Financial / Wright Hassall / Opus credit card

Your name and address is showing to left of document 1 Below the CCA statement.
What is missing is a signature panel.
Is this described as a reconstituted agreement by Cabot?
nem

[Streetwise]

Re: Cabot Financial / Wright Hassall / Opus credit card

Your name and address is showing to left of document 1 Below the CCA statement.
What is missing is a signature panel.
Is this described as a reconstituted agreement by Cabot?
nem

Post 20 says Cabot say its a reconstituted agreement same post Opus say its an original agreement,Opus are saying they don't have to show signatures WHAT.

[nemesis45]

Re: Cabot Financial / Wright Hassall / Opus credit card

Silly bergers as far as I can see it neither a proper copy nor is it a recon, they can't have it both ways.

A recon must have your name and address at inception
Creditors name and address at incceptions
T's & C's at inception
T's & C's at closure.
Any document mentioned in the T's & C's
Any material amendments to the T's & C's during the life of the agreement.

I don't think all the T's and C's are all present anyway.

nem

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Thanks for your observations, could we have your ideas on our next move, as the defence went in on the 29th December 14 should we wait for the court, or should we send a response letter to Cabot?.

Many thanks for your help so far.

[Streetwise]

Re: Cabot Financial / Wright Hassall / Opus credit card

Thanks for your observations, could we have your ideas on our next move, as the defence went in on the 29th December 14 should we wait for the court, or should we send a response letter to Cabot?.

Many thanks for your help so far.

Your defence is in and its down to the claimant to respond,when the 28 days is up for them to respond you could call the court and ask the court how the claim stands.

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Spoken to the court today, asked the current position of the claim, they said it is "stayed", is it possible to have the claim struck out?.

[kentman2006]

Re: Cabot Financial / Wright Hassall / Opus credit card

Hi
Thought I'd post a quick message, as spoke to Court helpline today on a similar topic.
Yes, as the Claimant has not replied to the Court within 28 days, it is "stayed" as you say, and you can apply for a strike out request (fee £50 if no hearing requested, £155 if it is). The form is downloadable from the web I was advised.
Or I was told I could just let it lie dormant as "stayed". Any future action by the Claimant, who would have to apply firstly to a district judge for a removal of the stay, would be advised to you as defendant also.
So you won't be taken by surprise with an out of the blue judgement without the chance for a further defence/hearing.
I believe (although someone may correct me here), that a strike out prevents any future action relating to the same alleged debt (for instance, if they sell it on again, or try through another Group company) ?? It would be interesting to know if this correct ?

[MrsJ]

Re: Cabot Financial / Wright Hassall / Opus credit card

Thanks Kentman2006, I'm sure you are right that a strike out means they can't take any future action, this would I think would be the best way forward.
Which fee would you have to pay, would the court insist on a hearing? or would the lack of response from Cabot mean the court favors the defendants position.
Many thanks for your input.

[kentman2006]

Re: Cabot Financial / Wright Hassall / Opus credit card

I am sure someone will confirm/or not the point about preventing future action.
The lady I spoke to implied it was up to me whether to pay £50 or £155. It may be whether you feel you have to a have a judge's input to decide on an opinion in law, or whether it's a simple case of fact which needs little clarification ?
You may wish to wait a little beyond the strict 28-day deadline - courts do have backlogs, and you don't want to find out that they replied on day 27, when the court only got round to processing it in on day 35 for example.

Hopefully someone like Amethyst will be along and see these posts and kindly confirm or not.

[Amethyst]

Re: Cabot Financial / Wright Hassall / Opus credit card

After a claim has been struck out, particularly after a defence then they would need very good reason and permission of the court to re-start it on the same cause of action (ie. the breach of contract / default ). It is very unlikely to happen but on occasion it does so you can't say 100% it'd be gone, but nigh on.

I would wait 14 days after the 28 day deadline, and during those 14 days write to the claimant telling them they are late and you intend to apply to strike, and claim those costs back from them, and do they want to discontinue to avoid that. Give them 7 days to respond, either to you with all the documents evidencing their case, or to the court to proceed / discontinue the case, and THEN you can put in a strike out application (now being able to show the court how bloody reasonable you have been ).

£50 without a hearing.... we say that, but really it's £50 application with consent / £155 without - so for basic example - if you were applying for a set aside on a default judgment and had spoken with the claimants and they had agreed to set aside - then it would be £50 app fee. Anything that's not consented would be 'with hearing', which doesn't necessarily mean there will be a hearing, just that the app is without consent. Having said all that, I don't think with strike apps it makes much difference, more the judge you get reviewing the case.