Cabot V Babylon30

[Babylon30]

Date of Issue - 06 August 2014
Received on - 11 August 2014

Particulars of claim
By an agreement between J D Willimas T/A Naturally Close ("NTCL") & the Defendant dated 05/04/2004 ("the agreement") NTCL agreed to issue the Defendant with a credit account upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments Due & the Agreement was terminated. The agreement was assigned to the Claimant on 27/07/2011. The Claimant has complied with Sections III & IV of Practice Direction - Pre-Action Conduct.
THE CLAIMANT THEREFORE CLAIMS:
1. £1014.48

Regarding this - I don't remember the last time I made a payment on this. It was roughly around 2004 that I did first order some goods online from Naturally Close. However, due to a change in my circumstances it was difficult to keep up the payments. Naturally Close heaped on so many charges plus interest that it went out of control. The actual goods I purchased was only around £300-£400. I would say the last time I made a payment would be about 2 years after my first online order (roughly 2006/2007). Naturally Close stopped contacting me and I heard nothing until this year when I received letters from Cabot, who passed me onto Drysdensfairfax solicitors and Marlin Financial services to finally Mortimer Clarke Solicitors who have sent the Claim Form. I did write in April that I believed the debt was statute barred (template taken from MSE) and heard nothing back from them.

I have acknowledged the claim today and sent CCA and CPR letters recorded delivery today.

[Amethyst]

Re: Cabot V Babylon30

Ah haaaaaaa this is what you were sorting out the CPR letter for This sounds very much it might be Statute Barred by virtue section 5 of the Limitations Act 1980 - you've already told them that so they are a bit naughty in bringing the claim at all. There's a bit in the FCA regs that covers this

As it was 2004 you opened the account it is also unlikely they will have a signed credit agreement.

It is though quite unusual to have the actual catalogue name in the particulars which may mean they do have more information.

Still we won't know until they respond to your CCA and CPR letters, so now you have acknowledged and sent those off it's a matter of waiting a couple weeks to see what responses you get.

[Babylon30]

Re: Cabot V Babylon30

Ah haaaaaaa this is what you were sorting out the CPR letter for This sounds very much it might be Statute Barred by virtue section 5 of the Limitations Act 1980 - you've already told them that so they are a bit naughty in bringing the claim at all. There's a bit in the FCA regs that covers this

As it was 2004 you opened the account it is also unlikely they will have a signed credit agreement.

It is though quite unusual to have the actual catalogue name in the particulars which may mean they do have more information.

Still we won't know until they respond to your CCA and CPR letters, so now you have acknowledged and sent those off it's a matter of waiting a couple weeks to see what responses you get.

Yes, I did not sign anything. It was clothes purchased online. I really can't remember signing anything at all.

[Babylon30]

Re: Cabot V Babylon30

Hi

I have received a reply from Cabot with reference to my CCA request. Their letter to me states the following:-

Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial does not have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender. We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again. If you have any queries about your account please call one of our customer advisors.

Ok, so what does this mean and what happens now? I have not yet had a reply to my CPR request.

Many thanks.

[Babylon30]

Re: Cabot V Babylon30

Hi

I have received a reply from Cabot with reference to my CCA request. Their letter to me states the following:-

Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial does not have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender. We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again. If you have any queries about your account please call one of our customer advisors.

Ok, so what does this mean and what happens now? I have not yet had a reply to my CPR request.

Many thanks.

Please can someone help me with the above. Many thanks.

[Kati]

Re: Cabot V Babylon30

I'm sure someone will be along soon Babylon30

[MissFM]

Re: Cabot V Babylon30

Hi

I have received a reply from Cabot with reference to my CCA request. Their letter to me states the following:-

Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial does not have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender. We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again. If you have any queries about your account please call one of our customer advisors.

Ok, so what does this mean and what happens now? I have not yet had a reply to my CPR request.

Many thanks.

Looks as if they're trying to pull a non-existent rabbit out of an empty hat. They have already been told that it's SB, which is an absolute defence :thumb:

A financial wizard :beagle:will no doubt be along shortly x

[Amethyst]

Re: Cabot V Babylon30

Well as they won't be responding with the relevant documentation within the timescales THEY set by submitting a court claim, you should get back in touch with the claimants solicitors, tell them of Cabots response to your CCA request, and the fact you have had nothing in response to your cpr reqest, and ask them to agree an extension under CPR 15.5 to your defence filing date. This can only be a maximum of 28 days added to the date for filing the defence, so they should encourage their client to get a move on. You'd then need to inform the court of both parties agreement to this. If they refuse, or it gets to the end of the extension period without documents you can then either file your defence based on no docs and stat barred, or submit an application to enforce compliance.

[Babylon30]

Re: Cabot V Babylon30

Looks as if they're trying to pull a non-existent rabbit out of an empty hat. They have already been told that it's SB, which is an absolute defence :thumb:

A financial wizard :beagle:will no doubt be along shortly x

Many thanks for your reply. How does this affect my defence, they aren't supplying me with the information I need in time. I need to submit my defence before the 5th September.

[Babylon30]

Re: Cabot V Babylon30

Hi all.
Today I have received a reply from Mortimer Clarke Solicitors in reference to my CPR letter to them. They state the following -

Further to your letter dated 15th August, we are taking our clients instructions in relation to your request and will come back to you as soon as we can. We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

Ok, how do I do this? I am do confused about all this. I really need some help please. And my other worry is I am going out of the country on the 7th September and won't be back until the 18th September. This whole thing is causing me so much stress and I would very much appreciate some help on this.

Many thanks.

[Babylon30]

Re: Cabot V Babylon30

[QUOTE=Babylon30;465747]Hi all.
Today I have received a reply from Mortimer Clarke Solicitors in reference to my CPR letter to them. They state the following -

Further to your letter dated 15th August, we are taking our clients instructions in relation to your request and will come back to you as soon as we can. We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

I need to notify the courts today regarding the 28 day extension. Do I do this in writing or can I do it online (the website I acknowledge the county claim)?
And what do I put?

[Babylon30]

Re: Cabot V Babylon30

I am sorry to be a pain but I really need to apply for the 28 day extention today, how do I do it? Is it in writing to the courts at Northampton or can I do it online? Just logged in online and I can't see the option to extend.

[Amethyst]

Re: Cabot V Babylon30

You need to email or telephone the claimants solicitors and ask them to agree to an extension of 28 days to the defence filing date as allowed under CPR 15.5 considering they haven't yet sent you any further information about their claim - ask them to email you their confirmation they are agreeable and you will inform the court. Then you can email the court ccbc and inform them of the parties agreement to the extension until XXXXX date.

[Amethyst]

Re: Cabot V Babylon30

Oh ignore me, I should read back first...sorry

Further to your letter dated 15th August, we are taking our clients instructions in relation to your request and will come back to you as soon as we can. We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

In that case you just need to email the court and tell them, I'll get the email address. Put the claim number and parties names in the subject header.

ccbcdefendants@hmcts.gsi.gov.uk


Dear Sirs,

The parties in this claim (number xXXXXX) have agreed an extension of 28 days to the date for filing a defence under CPR 15.5. The agreed defence filing date is now XXXXXXXXX. Please make a note of this on the case file.

Kind regards

XXXXXXXXX

[Babylon30]

Re: Cabot V Babylon30

You need to email or telephone the claimants solicitors and ask them to agree to an extension of 28 days to the defence filing date as allowed under CPR 15.5 considering they haven't yet sent you any further information about their claim - ask them to email you their confirmation they are agreeable and you will inform the court. Then you can email the court ccbc and inform them of the parties agreement to the extension until XXXXX date.

Many thanks for your reply. The solicitors have wrote to me and confirmed that Cabot are willing to agree to the extention of 28 days and that I have to inform the court in writing, I just dont know how to word it and if its by mail or online. And I've no idea what the extention date will be. I know I had to originally submit my defence by 8 September.