Cabot/opus/Wright Hassall

[Missy1963]

Re: Cabot/opus/Wright Hassall

I've no idea what that is- will look at link- thank you!

[Diana M]

Re: Cabot/opus/Wright Hassall

They issued a claim dec 14 which they discontinued then another in oct 2015, which obviously is the one I'm wrestling with now.

That's different information from your first post.

Why was the claim discontinued by Restons Solicitors in 2014 and had you already filed a Defence at that stage (Discontinuance)?

Was the new claim in October 2015 for the same issue - were the POC more or less identical?

Is the hearing in November the full Trial or a hearing for something else along the way such as a Summary Judgment application by the Claimant etc?

How much is this claim and have you seen a Costs Schedule predicting the Claimant's legal costs if you lose?

Di

[Missy1963]

Re: Cabot/opus/Wright Hassall

The first claim I filed a defence saying I disputed the debt and didnt ever have this card, please show me my agreement for any of the cards mentioned. None was forthcoming, and then a solicitors letter came saying they'd decided to discontinue claim. That came in march this year. But late last year a different solicitor acting for cabot, using the same reference number, mentioning same cards etc had issued an identical claim. I've said I'm defending on the same grounds. It's a trial in November, yes I've seen costs and their claim is approx £23k before costs. The cards they mention vary in the amount they say I owe, in the £16k region, so in the couple of months from the default date they specify, the figure jumps by £7k. This is just one card they're talking about by the way, it's just it varies from letter to letter which one they claim it is- citi, opus, barclaycard, and another one from 1994. Surely they must be able to produce evidence of at least one of them? I have statements from some of the years covered, from a company I used where you list all cards and if you lost your wallet then one call to them and they contact all your card companies. There's no record of some of the cards they mention. I consolidated debts, transferred to better rates and challenged a couple on legal advice over charges, but I know I've never had this opus thing.

[charitynjw]

Re: Cabot/opus/Wright Hassall

I'll give [MENTION=87380]Diana M[/MENTION] a nudge.......it may be a bit late for an answer tonight, though.

[Missy1963]

Re: Cabot/opus/Wright Hassall

Thank you. I've been sifting through the paperwork and trying to make sense. I can't believe they can just pick a card, pick a number, then expect someone to pay up, especially after writing to say they've no agreements, and are discontinuing the claim, then issuing an identical claim for the same load of rubbish. I threw away lots of paperwork after the letter saying it was to be discontinued so I'm at a bit of a disadvantage because of that. I've the papers they sent me as part of this case, and a handful of letters I overlooked when I shredded other letters and statements from them. I'm trying to refer back to other documents - like this card protection firm which held all my details on record, for example, but it's not ideal.

[Diana M]

Re: Cabot/opus/Wright Hassall

The first claim I filed a defence saying I disputed the debt and didnt ever have this card, please show me my agreement for any of the cards mentioned. None was forthcoming, and then a solicitors letter came saying they'd decided to discontinue claim. That came in march this year. But late last year a different solicitor acting for cabot, using the same reference number, mentioning same cards etc had issued an identical claim. I've said I'm defending on the same grounds.

Any chance you can post up both POC removing any personal details?

Can you clarify the Discontinuance of the first claim issued by Restons instructed by Cabot in March 2016 and the issue date of the following "Identical claim" issued by Wright Hassle in December 2015 i.e 3 months before the Discontinuance..

I'm struggling to follow the information you've provided. It seems to vary from your first post.

Help me to help you

Di

[Missy1963]

Re: Cabot/opus/Wright Hassall

Sorry for the confusion. I'm going quietly insane with all this. What's POC?

[Diana M]

Re: Cabot/opus/Wright Hassall

What's POC?

The Particulars of Claim found on the front page N1 of the Claim Form.

Di

[Missy1963]

Re: Cabot/opus/Wright Hassall

Are you able to delete these after you've read them please?

[Missy1963]

Re: Cabot/opus/Wright Hassall

The date on the 2nd one is 16th oct 2015

[Diana M]

Re: Cabot/opus/Wright Hassall

Are you able to delete these after you've read them please?

For some reason I can only open one of those documents (the first one).

Di

[Missy1963]

Re: Cabot/opus/Wright Hassall

Will do separate ones

- - - Updated - - -

The next

- - - Updated - - -

The next

- - - Updated - - -

They've flipping joined themselves together! Can you open these?

[charitynjw]

Re: Cabot/opus/Wright Hassall

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.

Were any of these requests made quoting the Consumer Credit Act 1974 section 78, together with the statutory £1 fee? (If yes, did you get proof of posting?)
(Similar to http://legalbeagles.info/forums/show...y-of-Agreement )

[Missy1963]

Re: Cabot/opus/Wright Hassall

Yes, more than once. No proof of post but I have letters acknowledging my requests and returning my £1

[charitynjw]

Re: Cabot/opus/Wright Hassall

Have they sent the T&C's as at inception of the agreement, subsequent variations to T&C's & signed statement of account?
Were there any other agreements 'attached' to the original one? (ie PPI, or similar)