Cabot v BartSimpson

[bartsimpson1]

Ive just stumbled across this thread and not sure if its still live to get some advice as its along the lines of my problem. Wife went through a silly spell about 8 years ago with post natal depression and went on some silly shopping sprees and then returning items anyway long story short it all got messy and eventually sorted out and forgot about. We moved a couple of times in rented accomodation then bought a place and moved in. About 12 months after various card companies and club books debts appeared through some classic chancer type collectors and the 'barred by statuate' clause run them off excpet Cabot. The usual loads of calls at all times of days and unpleasant attitude people were told had no idea what they were talking about and to go away. Several letters turned up asking for quick payment at a very reduced debt were also ignored and expected it to eventually die like many before. Then suddenaly a shot out of the blue a Court claim form appeared from Restons Soicitors acting on behalf of Cabot. This was acknowledged to gain the extra time and a standard credit agreement request was made. To both the solicitiors and Cabot. Both have answered and stated they do not have the facts and want 40 days to supply the details requested although pointed out to them in the letter they were obliged to supply the info in 12. Surely this is now a clear cut case to throw the small claims form back to the court as an uninforcalble debt at the time of request and also within the time limit for us to reply to it. Also i would have though some legal line has been crossed by issuing such a demand without being in pocession of the Credit aggrement which i as wife can not remember dealing with the company in question and the claim itself is stating the period in queston is 2005/2006 and not payment or acknowledgments have been made in this time so again its barred anway. Im suprised £60 has been spent on trying to get something that has no proof behind it. I would have thought Restons would have had a case together before doing this???? Any advice welcome.

[Wombats]

Re: CABOT FINANCIAL CCA REQUEST, advice anyone?

I'm not a court expert at all but what were the POC's stated? Have you done a 31.14 request (see HERE)?

If you are sure it is SB, then you have an absolute defence if they're silly enough to take it all the way to court.

It may be worth sending them the SB letter (see HERE)

[Amethyst]

Re: Cabot v BartSimpson

Would you be able to type up the particulars of claim from on the front of the claim form?

You have already acknowledged and sent a CCA request so that's great.

Cabot don't have 40 days so you should contact Restons and tell them you have sent their client a formal CCA request and they have indicated they need 40 days to respond, therefore could they confirm in writing that they agree to an extension of the date by which to file your defence as allowed under CPR 15.5

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.


And could they sent you a letter or email confirming this so you can let the court know, otherwise you'll have to file your defence based on non compliance with the CCA request AND on the basis that the alleged debt is statute barred.

You can email Restons if you prefer.