Re: Court Claim: Weightmans / Cabot Financial UK
If youve never had an Opus card, and the particulars of claim are incapable of proof then the claim is doomed from the start, id be tempted to put the Claimant to proof and require production of the signed agreement in my pleading along with a clear denial over ever entering into an Opus agreement
**DISCONTINUED**Court Claim: Weightmans / Cabot Financial UK
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Re: Court Claim: Weightmans / Cabot Financial UK
Hi welcome to LB,
Opus I believe provided " branded" card services so the could have had another name.
Next move: A CCA request to Cabot, to get a copy of the agreement for this account and a current statement.
This is a request made under section 78 of the Consumer Credit Act 1974: There is a £1 statutory fee to pay, use a cheque or postal order endorsed " for statutory fee only" Cabot has 12 + 2 Working Days to Comply. There is a template in the forum library for this.
The a CPR31.14 Request to Weightmans, this is for all the documents mentioned in the Particulars of Claim (POC).
In this case only an agreement is mentioned specifically, but as it mentions Cabot as "assignee" also include the " Notice of Assignment" Template in the forum library. No fee for this.
This POC is very sparse and gives rise to the thought that Cabot has little data on this.
Get the requests off asap use signed for post and check the delivery dates.
Come back if you have further queries or if/ when you get responses.
Meanwhile check as much as possible on the origins of the alleged debt, is it on your credit reference files: If so what does it show?
nem
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