dieselman60 - cabot /restons claim

[nemesis45]

Re: restons/cabot

Hi, I hope you will be better soon, Papworth is a remarkable hospital!!

I'll need to look back at your original thread and get back to you.
Meanwhile take a look at some threads with defences so you get
an idea of layout and content.

nem

[dieselman60]

Re: restons/cabot

great, ,thanks for getting back to me its nice to know there people out there to help people like me who don't have a clue about this sort of thing about 1145 I have to go and get some blood tests done but I will be back about 14.00 , ohh nearly forgot I did write to ken stannard like it was suggested guess what??? erm silence is golden now theres a thing

[nemesis45]

Re: cabot/restons claim 22/12/14

Has Cabot complied with the CCA request yet D? If not the debt is unenforceable until they do!
Any further correspondence of any sort?

nem

[dieselman60]

Re: cabot/restons claim 22/12/14

hi ,no not a word nothing ,zilch, th e only thing I got back was the "its going to take 40 days letter" which was dated 8 jan

[nemesis45]

Re: cabot/restons claim 22/12/14

Hi it remains unenforceable until an agreement is produced.
So Cabot may have a little time left to comply with the CCA request on what date did you send the request?

nem

[nemesis45]

Re: restons/cabot

There is a tendency for Crapshot to ignore anything they don't like!!

[dieselman60]

cabot/restons

good morning everyone
thanks to nemesis and amethyst for their help yesterday ,as they will know I have to go back to papworth today
for some more tests etc looks like I will be staying in until tomorrow at least my 28 day extention ends on mon 16/2
am I going to get time to do a defenc e as I am going to have to go in about 1 hrs time ( starting to get worried now!!)
both the case and hosp I did try and under stand some of the cases on here yesterday but my mind has gone blank
cannot seem to take it all in :help: could some one tell me what can I do next --oh by the way ,my morning post has not arrived yet
and I think the 40 day letter I received, runs out in the 16 /2 as well. any help would be really appreciated as I only have about until 1145 this morning before I have to go in ,BIG THANKS!

[nemesis45]

Re: cabot/restons

Hi DM

Let the court know the problem with your health and the hospital appointments.

As it stands the debt is unenforceable with no agreement.
There should be enough time to get your defence sorted.

Best wishes and good luck at the hospital!

nem

[Amethyst]

Re: cabot/restons

1. I received the claim in this case on 24 December 2014.
2. The Claim is for a MBNA Credit Card agreement from January 2000 regulated by the Consumer Credit Act 1974.
3. I contend the claimant's claim is statute barred by virtue of section 5 of the the Limitations Act 1980.
4. I last had any contact regarding this MBNA Credit Card in November 2009 when I formally requested a copy of the original credit agreement under s.78(1) of the Consumer Credit Act 1974. I have had no contact at all nor made any payment for at least six years.
5. The Claimant has never complied with my request under the Consumer Credit Act and as such is unable to enforce the agreement pursuant to s 78(6) Consumer Credit Act.
6. Prior to making that request I had not had any contact with the Claimant, who were allegedly assigned the agreement in 2001.
7. I did not receive any default notice or notice of assignment.
6. On receipt of the claim form in this case on 24 December 2014 I sent a further request for a copy of the original agreement under s.78(1) of the Consumer Credit Act. I aslo sent a request for further information under CPR 31.14 requesting copies of all documents disclosed in the claimants particulars of claim.
9. The Claimant's have not provided any information or documents at all.
10. As the claim is statute barred, and the Claimants are in default of two formal requests under the Consumer Credit Act I contend they are not entitled to enforce any debt owed under the agreement.
11. The claim is denied.


If you get chance to send that in on MCOL

[Amethyst]

Re: cabot/restons

Hope everything goes ok for you at Papworth hosp xxx Your health comes first xxxxx