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

Can I ask Cabot Financial (UK) Ltd to stop reporting this account as default on my credit report? The account is SB now anyways but according to my Credit Report it will be shown for another 4-5 months.

The default entry on CRA files will remain for the balance of the six year period after which it is removed paid or not.
The relevant 6 year period for statute barred stops on the date a claim is issued.
Even so a debt reaching statute barred status in England and Wales is only barred from court action it remains collectable
by any other means, until the debtor informs the creditor in writing that the debt is statute barred.

nem

[asifsh]

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

Can I ask Cabot Financial (UK) Ltd to stop reporting this account as default on my credit report? The account is SB now anyways but according to my Credit Report it will be shown for another 4-5 months.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

Good news. I wonder which aspects they decided they didn't want to argue about in court.

I guess having multiple discrepancies in their evidence, gave them a hint of a weaker position. Perhaps they didn't want to take risk by defending the license issue as they had the idea that they had almost lost their claim anyways and getting a judgement against in regards with the licensing issue will definitely risk all their claims made under Cabot Financial (UK) Ltd portfolio since March 2015.

[Amethyst]

Re: Court Claim: Weightmans / Cabot Financial UK

Good news. I wonder which aspects they decided they didn't want to argue about in court.

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

Went to the hearing. I mentioned all the discrepancies in the documents. Cabot's representative was unable to explain any of the discrepancies in the documents.

I rose the point that Cabot Financial UK Ltd's license had lapsed before making this claim and under the CCA s40 an agreement can not be enforced by an unlicensed entity. The judge asked for explanation from the Cabot's representative. The rep said that he is aware that I raised this point but it was after submitting my WS and is not part of my WS, also he said that he has been informed that Cabot Financial UK Ltd as being part of the Cabot/Marlin are allowed to use license of their sister/parent company. The judge said that if applicable it is a fundamental error and having not mentioned in the WS does not mean can be overlooked. I told the judge there is a judgement which prevents them from doing so. I had read about Hicks v Walker and Reynolds in these threads.

I and Cabot were given 3 weeks to submit evidence and WS in regards with the license issue.


Guess What this is what I've received from Weightmans Today,




Thank you all who helped me throughout this process. Especially to mention FlammingParrot and nemesis45 for their prompt responses.

Well done!!

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

Went to the hearing. I mentioned all the discrepancies in the documents. Cabot's representative was unable to explain any of the discrepancies in the documents.

I rose the point that Cabot Financial UK Ltd's license had lapsed before making this claim and under the CCA s40 an agreement can not be enforced by an unlicensed entity. The judge asked for explanation from the Cabot's representative. The rep said that he is aware that I raised this point but it was after submitting my WS and is not part of my WS, also he said that he has been informed that Cabot Financial UK Ltd as being part of the Cabot/Marlin are allowed to use license of their sister/parent company. The judge said that if applicable it is a fundamental error and having not mentioned in the WS does not mean can be overlooked. I told the judge there is a judgement which prevents them from doing so. I had read about Hicks v Walker and Reynolds in these threads.

I and Cabot were given 3 weeks to submit evidence and WS in regards with the license issue.


Guess What this is what I've received from Weightmans Today,




Thank you all who helped me throughout this process. Especially to mention FlammingParrot and nemesis45 for their prompt responses.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

Where is the Citi agreement ? The 'document' may be dated say January 2004 but that is just the version of the form for Citi's ref.

Please see Post#50 for scans of agreement they are claiming from CITI. Note the date on 'application form' and the 'agreement'. The 'agreement' is dated 3 months before the date on 'application form'.

In fact it does not say application form any where on the document, can they still say it is an application form?

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

Well they only sent me these copies 15 days before the hearing date so there is nothing I could mentioned about these documents in my Witness Statement. Although I wrote that as of the day of my WS, my CCA and CPR request were not honored.

(1) Will I get the chance at the hearing to explain my findings from the Claimant's WS and documents they sent me?

(2) Will the judge ask Claimant's representative to present the original of the copies they have sent to me? Is there any legal requirement for documents printed from a computer/copier to bear any sort of attestation of handlers?

Good Morning,

The claimants representative must have copies all the documents that the are relying on in court to hand at the hearing.
I would expect the judge to ask if you now have the documents requested via a CCA Request, and you can of course also

mention the CPR31.14 request was not met.

nem

[Amethyst]

Re: Court Claim: Weightmans / Cabot Financial UK

You could write a 'skeleton argument' or an additional witness statement off the back of the information they have provided in their witness statement - ie the documents and send that into the court. It should really be an amended defence though.

[MENTION=551]pt2537[/MENTION]


Where is the Citi agreement ? The 'document' may be dated say January 2004 but that is just the version of the form for Citi's ref.

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

I think the recon fails it is impossible for you to reconcile the dates to the debt.

When these document are mentioned in defence and WS it should be stated the you believe that it fails as a recon agreement.

nem

Well they only sent me these copies 15 days before the hearing date so there is nothing I could mentioned about these documents in my Witness Statement. Although I wrote that as of the day of my WS, my CCA and CPR request were not honored.

(1) Will I get the chance at the hearing to explain my findings from the Claimant's WS and documents they sent me?

(2) Will the judge ask Claimant's representative to present the original of the copies they have sent to me? Is there any legal requirement for documents printed from a computer/copier to bear any sort of attestation of handlers?

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

Yes it is.


With regards to the agreement with CITI, they have sent me a copy of an application form signed on 27/05/2004, and an agreement with my details dated 02/03/2004. (Scan at Post #50). Again note the the dates, the agreement starts almost 3 months BEFORE my application.

I think the recon fails it is impossible for you to reconcile the dates to the debt.

When these document are mentioned in defence and WS it should be stated the you believe that it fails as a recon agreement.

nem

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

In regard to the address on the 1st Page is it the one you were at when the agreement was signed?

Yes it is.

To comply as a recon it must be the original a agreement with Citi NOT Opos .
nemis

With regards to the agreement with CITI, they have sent me a copy of an application form signed on 27/05/2004, and an agreement with my details dated 02/03/2004. (Scan at Post #50). Again note the the dates, the agreement starts almost 3 months BEFORE my application.

[nemesis45]

Re: Court Claim: Weightmans / Cabot Financial UK

In the witness statement they claim the date at the bottom of pages (20.11.2010) to be the date of assignment of this agreement from CITI to OPUS. No copy of a notice of assignment has been provided.

Please note the highlighted information of the 2nd attachment above. "The law regarding the assumptions changed on 1 January 2013".

In regard to the address on the 1st Page is it the one you were at when the agreement was signed?

To comply as a recon it must be the original a agreement with Citi NOT Opos .
nemis

[asifsh]

Re: Court Claim: Weightmans / Cabot Financial UK

Hi I've not been involved in your thread too much but I'll try to pick up on what's going on!

It would help If I could see a copy of this credit agreement can you post a copy after removing all personal identifiers please?

From this post alone I feel that what you have is an attempt at a reconstituted agreement, which has failed !

nem

In the witness statement they claim the date at the bottom of pages (20.11.2010) to be the date of assignment of this agreement from CITI to OPUS. No copy of a notice of assignment has been provided.

Please note the highlighted information of the 2nd attachment above. "The law regarding the assumptions changed on 1 January 2013".