**DISCONTINUED**Court Claim: Weightmans / Cabot Financial UK

[asifsh]

I've received this claim form couple of days ago.

Issue Date: 21 May 2015
Claimant: Cabot Financial UK Ltd
Document/Payments Address: Weightmans LLP

Particulars of Claim:
1. The Defendant entered into a credit agreement described by the origianl creditor as OPUS CREDIT CARD-CREDIT CARD and having account number 000110500000126xxxx ('the Account').
2. The Claimant, a UK limited compnay with comany number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account.
3. The Defendant is indebted to the Claimant in respect of ths account in the sum of 7175.20
4. The Claimant claims the said sum of 7175.20, plus costs


Amount Claimed: 7175.20
Court Fee: 410
Solicitor's costs: 100
Total Amount: 7685.20


I've submitted 'acknowledgement of service' online.

Now, I never had any credit from OPUS CREDIT CARD-CREDIT CARD and I do not recognize the account number given in the claim particulars.

What should I do next?

[nemesis45]

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

[pt2537]

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

[nemesis45]

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

Hi pt.

I believe Opus/ Marbles was a brand used by BOS and others now part of the New Day outfit that markets Aqua heavily at present, so this could be anyone of the original branded cards.

nem

[pt2537]

Re: Court Claim: Weightmans / Cabot Financial UK

In MKDP LLP vs t Hayes, the Claim was thrown out on the basis that the pleaded case could never be proven due to the fact it was pleaded that the Client entered into an agreement with company A but it was really company B.

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

I agree.
This one is I think a similar situation to cards have been provided under a brand name, to a bank/ store yet are serviced and financed by the a company such as Opus and others GE Capital and store cards for instance.
I have suggested a CCA request as the first move.

nem

[pt2537]

Re: Court Claim: Weightmans / Cabot Financial UK

I agree.
This one is I think a similar situation to cards have been provided under a brand name, to a bank/ store yet are serviced and financed by the a company such as Opus and others GE Capital and store cards for instance.
I have suggested a CCA request as the first move.

nem

Not sure, to be honest if the Claimant pleads you entered into an agreement then that Claimant must prove it, a s78 request can only provide a copy of the agreement but if you never entered an agreement with opus what are you asking the claimant to provide??

Ive won a few cases with that approach so it certainly works

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

Not sure, to be honest if the Claimant pleads you entered into an agreement then that Claimant must prove it, a s78 request can only provide a copy of the agreement but if you never entered an agreement with opus what are you asking the claimant to provide??

Ive won a few cases with that approach so it certainly works

Just taken a look at some old records of these branded cards, there's a statement on them That the XXXXXXXXXXX Card is managed and financed by CCCCCCCCCCCC.
One original Tesco Card refers to RBS as providing the card and servicing it and the card remains the property of RBS, this of course before the emergence of Tesco Bank.

nem

[FlamingParrot]

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

Hi pt.

I believe Opus/ Marbles was a brand used by BOS and others now part of the New Day outfit that markets Aqua heavily at present, so this could be anyone of the original branded cards.

nem

Just taken a look at some old records of these branded cards, there's a statement on them That the XXXXXXXXXXX Card is managed and financed by CCCCCCCCCCCC.
One original Tesco Card refers to RBS as providing the card and servicing it and the card remains the property of RBS, this of course before the emergence of Tesco Bank.

nem

Could it have been a Citi card? Opus bought the Citi cards in 2010 or thereabouts, I know because I had a Citi card with a very small credit limit which I didn't use but kept the direct debit running. When Opus bought the portfolio, they stopped collecting the direct debit. As I hadn't used the card, I just assumed it had been paid off, next thing you know I got a NoA saying 1st Crud had bought the account from Opus.

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

Could well be FP, looked through the old records again a multitude of possibilities all could/would
be owned by the card brand owner not the company on whose behalf the card was issued.


nem

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

I sent a CPR 31.14 requested dated 28th May 2015, by recorded delivery on 30th May 2015. It was received by Weightmans LLP on 2nd June 2015.

I've received a response from Weightmans LLP dated 2nd June 2015.

Not sure if any important, the response letter states 'Further to your correspondece dated 23 May 2015'. My request was dated 28th May. I in fact received the Claim form on 26th May 2015.

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[asifsh]

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

Thank you. Do you mean I write so in the defence section of the claim form. Is there any specific template to follow when writing the defence and it can be in simple words.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

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

Checked my credit file: It shows a Default entry from Cabot Financial (Europe) Ltd.
Default Date : 31 March 2010.
From amount I remember a card from 'Citi' I had in past. I requested 'Citi' back in 2009 to provide me with a signed agreement which they didn't despite my several requests and I stopped making payments to them.

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

Ok the default date is that placed by the original creditor.

When was the date payments ceased completely.

nem

[FlamingParrot]

Re: Court Claim: Weightmans / Cabot Financial UK

I sent a CPR 31.14 requested dated 28th May 2015, by recorded delivery on 30th May 2015. It was received by Weightmans LLP on 2nd June 2015.

I've received a response from Weightmans LLP dated 2nd June 2015.

Not sure if any important, the response letter states 'Further to your correspondece dated 23 May 2015'. My request was dated 28th May. I in fact received the Claim form on 26th May 2015.

It could be a typo or date could have been mis-read, '3' and '8' do look rather similar. Presumably you sent the letter recorded delivery so you'd have a record of when it was posted and obviously it wouldn't have been sent prior to receiving the claim.

What documents did you request on your CPR request letter on paragraphs two and three which were not on the particulars of claim?

Their letter mentions the possibility of you applying for an order to make them disclose the documents, this is an alternative to filing a generic 'received no documents' defence, which may be worth looking into in view of the value of the claim.

Thank you. Do you mean I write so in the defence section of the claim form. Is there any specific template to follow when writing the defence and it can be in simple words.

More an example than a template, this is the generic defence based around not having received documents: http://www.legalbeagles.info/forums/...t-Court-Claims

Checked my credit file: It shows a Default entry from Cabot Financial (Europe) Ltd.
Default Date : 31 March 2010.
From amount I remember a card from 'Citi' I had in past. I requested 'Citi' back in 2009 to provide me with a signed agreement which they didn't despite my several requests and I stopped making payments to them.

This must be the card then, because Citi cards were sold to Opus, I also had one of them. Any idea WHEN in 2009 you stopped making payments? Would it have been in the first few months? Could be very important for statute barred purposes. :thumb: