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Cabot/opus/Wright Hassall

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  • Cabot/opus/Wright Hassall

    Hello,,
    i need urgent help/advice please....I'm being pursued through the courts by Cabot for a debt with a credit card called Opus. This has been going on for sometime, and Restons solicitors wrote in March to say the claim was being discontinued ,after offering several different, and lower, amounts for me to settle out of court, which I ignored. However, in Dec 15 another claim for the same debt had already been issued by Wright Hassall solicitors. It's for the same amount, Opus card, on behalf of Cabot.
    I now have a court date for November, but I must file by Tuesday any documents that form my defence. They've obtained an "unless order" so I must comply.
    in brief, their witness statement says I took out an opus card in July 1997, and gives a card number and reference number and that I last made payment january 2015. That say the debt was assigned to cabot in April 2011.
    Ive never had an opus card, nor signed an agreement. After requesting my agreement many many times I've been send a reconstituted opus card agreement from 2010, with an address I didn't live at when they say I took out the card.
    In addition they sent copies of statements for a Citi Card credit card, from 2006- 2010
    I believe opus took over citi card, but my citi card number is not the same as the number they have on the opus account and the amount is different.
    Cabot have no signed agreement for either card.
    I've also been sent a photocopy of an assignment of debt which I'm not sure I've ever seen before, and it's got their cabot document reference printed on the side, as though its something they made up themselves.
    What's the legal situation about this please? Thanks in advance!
    Tags: None

  • #2
    Re: Cabot/opus/Wright Hassall

    Is this claim in the Small Claims Court or the Fast Track?

    Does the "unless" Order say your Defence will be struck out if you don't comply with it by Tuesday (probably)?

    Di

    Comment


    • #3
      Re: Cabot/opus/Wright Hassall

      Hello, and thanks! Yes,,fast track, and yes, defence struck out if I don't comply by Tues.

      Comment


      • #4
        Re: Cabot/opus/Wright Hassall

        Originally posted by Diana M View Post
        Is this claim in the Small Claims Court or the Fast Track?

        Does the "unless" Order say your Defence will be struck out if you don't comply with it by Tuesday (probably)?

        Di
        [MENTION=61310]diana[/MENTION]M

        Comment


        • #5
          Re: Cabot/opus/Wright Hassall

          In addition, looking over their paperwork, they say I last made a payment in January 2010- isn't this statute barred by now? It's so confusing.

          Comment


          • #6
            Re: Cabot/opus/Wright Hassall

            Originally posted by Missy1963 View Post
            In addition, looking over their paperwork, they say I last made a payment in January 2010- isn't this statute barred by now? It's so confusing.
            No payments or written acknowledgments made in 6 clear years, no CCJ ?? If so it would be SB.

            However the debt industry in the UK is attempting to state that the default date starts the relevant 6 year period for limitations.

            Do you knew the default date? If not check your credit files for the date a default was registered. (Noddle is free online)

            nem

            Comment


            • #7
              Re: Cabot/opus/Wright Hassall

              The same letter says default date is august 31st 2010

              Comment


              • #8
                Re: Cabot/opus/Wright Hassall

                Originally posted by Missy1963 View Post
                The same letter says default date is august 31st 2010
                Now the problem is when was the claim issued a debt must be SB on or before a claim is issued.

                nem

                Comment


                • #9
                  Re: Cabot/opus/Wright Hassall

                  I'm sorry- my original post I see I've put the date as 2015 for the last payment, that's wrong. They say last payment was jan 2010 and default August 2010. That's in their witness statement.

                  Comment


                  • #10
                    Re: Cabot/opus/Wright Hassall

                    Originally posted by Missy1963 View Post
                    I'm sorry- my original post I see I've put the date as 2015 for the last payment, that's wrong. They say last payment was jan 2010 and default August 2010. That's in their witness statement.
                    Date of issue on claim for missy?

                    nem

                    Comment


                    • #11
                      Re: Cabot/opus/Wright Hassall

                      I've misunderstood info on debt advice page. They issued a claim dec 14 which they discontinued then another in oct 2015, which obviously is the one I'm wrestling with now.

                      Comment


                      • #12
                        Re: Cabot/opus/Wright Hassall

                        One letter from them says they bought my debt from barclaycard, others say it's an opus card from 1997 and the photocopy they say is an opus letter says its a true copy of an agreement from 2010 for a card originally taken out 1994 but with no account number etc for that. What the hell?

                        Comment


                        • #13
                          Re: Cabot/opus/Wright Hassall

                          Originally posted by Missy1963 View Post
                          I've misunderstood info on debt advice page. They issued a claim dec 14 which they discontinued then another in oct 2015, which obviously is the one I'm wrestling with now.
                          Claim is in time then soory to say.

                          nem

                          Comment


                          • #14
                            Re: Cabot/opus/Wright Hassall

                            Okay, but what about all the references to these various cards? How can I see proof of which card they say they've taken over etc?

                            - - - Updated - - -

                            I've never had an opus card, I've had a Citicard which I had a dispute with over fees for cheques, I had two barclaycards, or maybe more, and around this time consolidated some debts, got a bank loan for some and transferred others. I'm pretty sure I don't owe cabot any money!

                            Comment


                            • #15
                              Re: Cabot/opus/Wright Hassall

                              Cabot have no signed agreement for either card.
                              If this claim is for a 1997 (or maybe 1994) agreement, doesn't this trigger CCA 1974 (as enacted) s127(3)?
                              http://www.legislation.gov.uk/ukpga/...on/127/enacted
                              [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION]
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

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                              gets his brain a-going.
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