cabot/restons

[dieselman60]

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!

[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.