Hi All

[Adkhan]

First of all thanks to leagalbeagles and the forum who made me to join this forum due to some vital information about important issues especially debt ones and i am one of its victim as well.
Can anyone please advice me on the following;

I have received debt claim from county court filed by cabot financial and asking for £2860.00 in respect of a credit card which i had lost or stolen in JUly 2009. I reported it to the bank and police as well, but in August 2009 i left this country and went abroad and came back in Oct.2010, and then i went to bank to inquire about this but the bank said that they are still looking into it and will inform me as soon as anything comes, i am still baking with Lloyds but till now i have never heard about anything and they closed down the account in july 2009. The cabot took me to court and i said i do not deny about the credit card but i do deny about any credit being used by me on the card, and since 2009 i have never paid a single penny towards the credit card, i went to the bank and cabot to provide me withe the last statemnent but they said we do not have any, neither the credit agreement nor any other relevant information so, the court has given me 14 days for defence, now my questions are;
1; How can i extend the hearing date of the court to gather all releavnt information?

2, Can i apply for statute barred under limitation?

3. What other options are available for my best defence?

Shall appreciate all your comments and advices;
Looking forward to hear from you all;
Thanks

[nemesis45]

Re: Hi All

First of all thanks to leagalbeagles and the forum who made me to join this forum due to some vital information about important issues especially debt ones and i am one of its victim as well.
Can anyone please advice me on the following;

I have received debt claim from county court filed by cabot financial and asking for £2860.00 in respect of a credit card which i had lost or stolen in JUly 2009. I reported it to the bank and police as well, but in August 2009 i left this country and went abroad and came back in Oct.2010, and then i went to bank to inquire about this but the bank said that they are still looking into it and will inform me as soon as anything comes, i am still baking with Lloyds but till now i have never heard about anything and they closed down the account in july 2009. The cabot took me to court and i said i do not deny about the credit card but i do deny about any credit being used by me on the card, and since 2009 i have never paid a single penny towards the credit card, i went to the bank and cabot to provide me withe the last statemnent but they said we do not have any, neither the credit agreement nor any other relevant information so, the court has given me 14 days for defence, now my questions are;
1; How can i extend the hearing date of the court to gather all releavnt information?

2, Can i apply for statute barred under limitation?

3. What other options are available for my best defence?

Shall appreciate all your comments and advices;
Looking forward to hear from you all;
Thanks

Hi, welcome to LB..

When was the claim issued?

Which solicitor is Cabot using?

I you want an extension of time to file to you will have to ask the claimant/ solicitors to agree, 28 days is the maximum allowed..

Have you made a CCA Request to Cabot for a copy of the agreement?

Have you checked your credit files recently to see what information is shown? If not check Noddle online free of charge.

You say that you have never paid anything to the Credit Card provider or any other company since the account was opened ?
Have you made any written admissions of liability such as an offer of reduced payments?

Has Cabot said they don't have the agreement?

nem

[charitynjw]

Re: Hi All

Hi Adkhan

In addition to nem's questions, maybe I am being thick, but I can't make out whether you have acknowledged the court claim.

You need to at least do that, & within 14 days of the issue date of the court claim, otherwise you are in danger of losing by default.

[Adkhan]

Re: Hi All

Thanks for replies, the solicitor is Restons, no I have not made any payment towards the credit card account since 2009, and never arranged any payment plan with Cabot, I called Restons as well as Cabot to provide me the agreement copy but they said write to us, court claim is acknowledged had a hearing on Monday but court gave me a chance for defence and next hearing is on 4th April, so I want to extend the hearing date and can I defend this by statute barred argument.