Cabot V Babylon30

[Amethyst]

Re: Cabot V Babylon30

8th September plus 28 days xx http://www.timeanddate.com/date/dateadd.html

From Monday, September 8, 2014
Added 28 days
Result: Monday, October 6, 2014

[Babylon30]

Re: Cabot V Babylon30

Thank you so very much Amethyst, you are wonderful.

[Amethyst]

Re: Cabot V Babylon30

One can but try Thank you xx

[Babylon30]

Re: Cabot V Babylon30

Hi all - to bring you up to date and to ask for more help - I have recieved a letter from Caboot saying that they unfortunately have not been able to provide me with my credit agreement but they shall continue to request the information from the orginal lender and that in the meantime my account shall remain on hold with them until they can comply with my request. They also say that my credit agreement is currently unenforceable, which means they are not permitted to obtain a judgment or decree against me in court. So, does this mean I still have to submit my defence on the goverment gateway site? My defence date is 06 October.
Many thanks.

[Amethyst]

Re: Cabot V Babylon30

Unless Cabot discontinue the claim then yes, enter your defence. Don't trust them saying they will put the case on hold, as there are far too many default judgments achieved like that.

Your defence can be quite straightforward, and you don't need to worry too much about CPR 31.14 responses just a simple ' no credit agreement bog off' will do nicely.



1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

2: This claim is for a Catalogue Account running credit agreement regulated under the Consumer Credit Act 1974.

3. The agreement appears to have been between J D Williams T/A Naturally Close ("NTCL") & the Defendant dated 05/04/2004.

3. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. [Exhibit A]

4. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

5. The Claimant has confirmed they are unable to enforce any agreement applicable to this claim in a letter dated XXXXXX [ exhibit B]

6. Additionally, the Defendant submits that any cause of action accrued on this agreement was over six years ago and therefore pursuant to section 5 of the Limiations Act 1980 is Statute Barred.

6. Therefore the Defendant denies the Claimant is entitled to the relief claimed, or at all.

6. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[Babylon30]

Re: Cabot V Babylon30

Unless Cabot discontinue the claim then yes, enter your defence. Don't trust them saying they will put the case on hold, as there are far too many default judgments achieved like that.

Your defence can be quite straightforward, and you don't need to worry too much about CPR 31.14 responses just a simple ' no credit agreement bog off' will do nicely.



1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

2: This claim is for a Catalogue Account running credit agreement regulated under the Consumer Credit Act 1974.

3. The agreement appears to have been between J D Williams T/A Naturally Close ("NTCL") & the Defendant dated 05/04/2004.

3. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. [Exhibit A]

4. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

5. The Claimant has confirmed they are unable to enforce any agreement applicable to this claim in a letter dated XXXXXX [ exhibit B]

6. Additionally, the Defendant submits that any cause of action accrued on this agreement was over six years ago and therefore pursuant to section 5 of the Limiations Act 1980 is Statute Barred.

6. Therefore the Defendant denies the Claimant is entitled to the relief claimed, or at all.

6. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

Many, many thanks for you help. One more question - how do I attach copies online? Oh heck do I need to get a scanner?

[Amethyst]

Re: Cabot V Babylon30

Scanner is easiest, but most camera phones give clear enough copies if you make sure the paper is flat and take the photo directly from above.


( just noticed I've put the Devil in your defence so you will need to amend the paragraph numbering there)

[Babylon30]

Re: Cabot V Babylon30

Scanner is easiest, but most camera phones give clear enough copies if you make sure the paper is flat and take the photo directly from above.


( just noticed I've put the Devil in your defence so you will need to amend the paragraph numbering there)

Thanks so much for your help, you have been wonderful. I shall borrow a scanner from friends.

[Babylon30]

Re: Cabot V Babylon30

I am having problems submitting my defence - it doesnt give me options to upload copies of letters. Any ideas why? The option is just not there.

[Amethyst]

Re: Cabot V Babylon30

That's okay just send the defence on MCOL and get the letters sent by email with a note. It isn't imperative they are included at this stage.

[Babylon30]

Re: Cabot V Babylon30

That's okay just send the defence on MCOL and get the letters sent by email with a note. It isn't imperative they are included at this stage.

Is this the email address? ccbcdefendants@hmcts.gsi.gov.uk

[Amethyst]

Re: Cabot V Babylon30

yes thats the one