Cabot/opus/Wright Hassall

[Missy1963]

Re: Cabot/opus/Wright Hassall

Request sent march 2012. April 2013 I received what they describe as a reconstituted agreement. There's a date on the bottom, nov 2010 and my address on the top which isn't where I lived in 1997 when they reckon I opened this card. No signature. They sent a letter with it, stating this all they need to provide to be able to enforce the debt. There are no references to variations to t&c. There's a signed statement of account. I've no clue about PPI etc as there's no original agreement, and I've never actually had the opus card.

[charitynjw]

Re: Cabot/opus/Wright Hassall

They sent a letter with it, stating this all they need to provide to be able to enforce the debt

Do they make reference to Carey-v-HSBC Bank plc (2009)?

[Missy1963]

Re: Cabot/opus/Wright Hassall

Yes they d

[charitynjw]

Re: Cabot/opus/Wright Hassall

Lol! Cut off in your prime (above post)

IMHO

That case concerned s78 CCA requests & the potential consequences of non-compliance of the request & it was decided that a reconstituted agreement would suffice to satisfy the request.

But I still reckon that, in your case, s127(3) of the original Consumer Credit Act 1974 is applicable.

The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This was not changed until the CCA 2006 amendment, which was brought into force April 2007.
It would also be an idea to have a copy of Carey to hand & familiarise yourself with it.
http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

[Missy1963]

Re: Cabot/opus/Wright Hassall

Well- cut off in my prime again- typed reply and found I was logged out!

- - - Updated - - -

Here it is!

[nemesis45]

Re: Cabot/opus/Wright Hassall

Well- cut off in my prime again- typed reply and found I was logged out!

- - - Updated - - -

Here it is!

Hello Missy,

There's always problems with Citi/ Opus cases two agreements and Ts& Cs often the Citi agreements are no longer available and Carboot & Co try to lash up a recon agreement and go for 2nd bite at the cherry.

nem

[charitynjw]

Re: Cabot/opus/Wright Hassall

Hello Missy,

There's always problems with Citi/ Opus cases two agreements and Ts& Cs often the Citi agreements are no longer available and Carboot & Co try to lash up a recon agreement and go for 2nd bite at the cherry.

nem

Good morning nem.

If I'm reading correctly, this is a fast track case, £23k + costs, regulated agreement (circa1997), hearing in November.
Missy has to file supporting documentation by next Tuesday ('unless' order), so no pressure there! .
Old s78 requests (2012 & 2013) have resulted in what appears to be an unsigned recon agreement.
Issue date for the current (live) claim is October 2015. (It would appear that at one stage there were 2 separate claims for the same debt, with Cabot as Claimant but 2 different sols. One of these was discontinued).
According to Claimant, last payment Jan 2010. (I don't know whether Missy has verified this).

I can't see, from the thread info, the basis (particulars) on which Missy intends to defend, or how much supporting evidence is available.
It may be that the Claimant is going to bluff it right to the wire; on the other hand they might just have enough to convince the judge.
Do you think a fresh CCA request would benefit Missy? (A bit late for the 'unless' order, but it should still be within the timescale for the November hearing)

[nemesis45]

Re: Cabot/opus/Wright Hassall

[QUOTE=charitynjw;682080]Good morning nem.

If I'm reading correctly, this is a fast track case, £23k + costs, regulated agreement (circa1997), hearing in November.
Missy has to file supporting documentation by next Tuesday ('unless' order), so no pressure there! .
Old s78 requests (2012 & 2013) have resulted in what appears to be an unsigned recon agreement.

Yes [MENTION=5553]charitynjw[/MENTION] I do well worth doing!

Missy as charity has said send another CCA request on Monday,.

It would help here if you could list what documents etc., you have in hand to submit by Tuesday.

nem

[Diana M]

Re: Cabot/opus/Wright Hassall

Until the OP posts up a copy of the Unless Order it's not possible for me to comment.

Does the Order only require documents to be produced or is there a WS due and outstanding too?

The immediate task is to comply with the Order by 4 pm on Tuesday or else the court will strike out the Defence.

Any legal arguments will (or should) have been pleaded in the Defence. There can't be additional legal arguments introduced without amending the Defence.

Di

[Missy1963]

Re: Cabot/opus/Wright Hassall

Yes, charitynjw and new, all above is as you describe.
i will send another cca request on Monday.
Im not at home right now so I don't have a copy of the unless order, but the request was to file and serve disclosure statement. Thats the witness statement, no?
Documents- few and far between...letters saying the card is a Barclaycard, letters saying its an opus card, statements from citi card, letters saying they've no cca for any card mentioned and opus recon cca with letter saying the card was taken out 1994, not 1997 as their witness statement says. Discontinuation letter. I'm sure they're trying to bamboozle .
mt defence is simply that I don't owe the money, and in light of the contradictory information they've sent over the last 6 years I'm entitled to see evidence of the original agreement. As you can see, I'm no legal genius .

[nemesis45]

Re: Cabot/opus/Wright Hassall

Yes, charitynjw and new, all above is as you describe.
i will send another cca request on Monday.
Im not at home right now so I don't have a copy of the unless order, but the request was to file and serve disclosure statement. Thats the witness statement, no?
Documents- few and far between...letters saying the card is a Barclaycard, letters saying its an opus card, statements from citi card, letters saying they've no cca for any card mentioned and opus recon cca with letter saying the card was taken out 1994, not 1997 as their witness statement says. Discontinuation letter. I'm sure they're trying to bamboozle .
mt defence is simply that I don't owe the money, and in light of the contradictory information they've sent over the last 6 years I'm entitled to see evidence of the original agreement. As you can see, I'm no legal genius .

Hello Missy,

Were you actually sent a copy of the order ? Or did Wright Hassall just tell you one had been made?

nem

[Missy1963]

Re: Cabot/opus/Wright Hassall

There was a court hearing I had to attend.

[charitynjw]

Re: Cabot/opus/Wright Hassall

i will send another cca request on Monday.

Don't forget proof of postage.

[nemesis45]

Re: Cabot/opus/Wright Hassall

There was a court hearing I had to attend.

OK, you should have received a written order ( general order /judgement) from the court.

So an order that you disclose all your documentary evidence and a Witness Statement is that correct?

nem

[Missy1963]

Re: Cabot/opus/Wright Hassall

The draft order they sent ssaid file and serve disclosure statement, I've not got the court letter here but the judge made no variation to their draft. I suppose that means witness statement, does it?