Opus - Cabot - Shoosmiths - Set aside two years ago

[secretfsquirrel]

A bit of advise please:

• Claim made by Shoosmiths on behalf of Cabot thro' County Court Business Centre for sum under £1,000 in March 2015. Allegedly an Opus account.
• Claim states that monies owed under a regulated agreement between defendant and Opus, no date of start of agreement only that it was later assigned to Cabot. Alledges terms of the agreement and default notice served, but no dates.
• Letter to Shoosmiths followed asking for all details of documents mentioned in claim under CPR 31.14
• Defence filed within time limits, notification from Court that a copy forwarded to Shoosmiths
• Letter received from Shoosmiths agreeing with extension to file defence
• Letter received from Shoosmiths two months later stating file has been placed on hold pending location of documents and proceedings stayed.
• Letter received from Cabot after two years stating that they have decided not to pursue legal action at this time but seeking payment of amount due.
• None of the paperwork requested from outset has been provided by either Cabot or Shoosmiths.
• Ideas as how to proceed would be much appreciated

[Onestepatatime]

Re: Opus - Cabot - Shoosmiths - Set aside two years ago

You could do a SAR to Opus to establish the facts of the account. This is solely between you and opus, Crapot would have no knowledge of this. The details you get back from opus will give you an insight as to the information that is readily available to crapot et al.

I suspect crapot are fishing to see if you have 'forgotten' that they have no paperwork to support their claim.

[thedirtyhound]

Re: Opus - Cabot - Shoosmiths - Set aside two years ago

My personal opinion is that the best way to deal with "Crapot" is to totally ignore everything you get from them, unless they try to reactivate the claim.

However, they will not be able to do that without providing you with all the documents you have requested in any event. It is up to a claimant to prove its claim and it can only do that by submitting evidence in support, especially when the claim is defended.

Earlier this year Restons issued against me totally blindly. When challenged about the facts of the matter and the documents, their reply was to tell me that I should already have them, which for the most part I do!

The claim was stayed automatically by the court after I filed my defence as Restons didn't indicate within the 30 day deadline that they intended to continue. A member of staff at CCBC told me in an email that it will cost them a further £100 to make it live again. Of course, even if they won in the end, they would be unlikely to get the £100 back as it is their fault the matter had to be stayed, not mine.

Cabot have already issued against you, so the only reason they haven't continued is because they can't come up with the evidence. So until they do, I wouldn't waste your time worrying about it.

[nemesis45]

Re: Opus - Cabot - Shoosmiths - Set aside two years ago

Personally I would not SAR Opus, because if they start digging deeper in to their records the just might find the agreement or find enough data to build a reconstituted agreement.

Cabot may not be able to enforce via the courts, but the debt still exists and remains payable.

nem

[thedirtyhound]

Re: Opus - Cabot - Shoosmiths - Set aside two years ago

It might remain payable, but I guess the whole point is that he/she doesn't want to pay it, like 99% of people on here!

The only reason for paying it would be to clean up his/her credit file, but if credit doesn't pay a big part in their life, it doesn't matter.

When someone takes you to court and doesn't carry on with it, you know their game is over. They have nothing else that they can resort to.

[Diana M]

Re: Opus - Cabot - Shoosmiths - Set aside two years ago

• Claim made by Shoosmiths on behalf of Cabot. . . .

• Letter to Shoosmiths followed asking for all details of documents mentioned in claim under CPR 31.14 . . . .
• None of the paperwork requested from outset has been provided by either Cabot or Shoosmiths

You’ve not said whether you sent a s 77-79 CCA Request to Cabot. Did you?

You've only referred to a CPR 31.14 Request to Shoosmiths.

Incidentally, is the Claimant Cabot Financial (Europe) Ltd or Cabot Financial (UK) Ltd which is unlicensed?

Di