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john118

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  1. An update. The Claimant has withdrawn the claim in full. I got confirmation from themselves and the Court as well. Thanks a lot to Andy and everyone for their help and advise.
  2. Thanks Andy. I have sent letter to Lowell and await their response. In the mean time I would like to start drafting my witness statement for use as and when I get the court notification for hearing. Could you please provide any examples or template which I could use. Thanks.
  3. Hello, An update. I didn't receive any response from Nationwide to my SAR request with the £10 fee, although it has been almost 100 days. Now I am not waiting for it, however I received a letter from Lowell thanking for the £10 payment. This is absolutely not true as I didn't make any payment. Can it be the case that Nationwide had simply forwarded my SAR request to the new debt owner and Lowell have simply ignored the request and intentionally applied the £10 SAR fee to the account? Or is it a complete phantom payment put on the account? Please advise
  4. Hello, I have received a copy of the claimants DQ and a letter stating they have filed it with court. They said they have opted for TELEPHONE Mediation service and that their client will accept any reasonable offer. And in their submitted DQ under section D3 (number of witnesses including yourself giving evidence at hearing) they have said "NONE". Does this mean that no one from the Claimant or their Solicitor would be attending the hearing (as and when it goes to hearing)? Thanks
  5. Thanks. I did CPR to Cohen and SAR to Nationwide. No replies to date. I shall fill out the DQ. Can I still ask the Court (as part of DQ or a on separate letter) to halt proceedings and not give a date for hearing until I get all the requested information?
  6. Hello, Update on my case. Following submission of defence based on SB, I have received Directions Questionnaire. Speaking to Court, the Claimant has given no response to the defence and has asked to continue to the next stage of the claim process. Also I have not received any response to my CPR and SAR requests. Question is can they ask to continue to next stage while they haven't responded to my defence, replied to my CPR and SAR? Can I ask the Court to halt proceedings until I am furnished with these? Please advise.
  7. Thanks Andy. They did provide a scanned copy of the CCA along with what looks like newly printed T&C's. Thanks DX. I shall send defence to the Court. Also shall I still send the CPR 31.14 request to the claimants solicitor?
  8. Thanks DX. I await advise from Andy and other members of the forum.
  9. Name of the Claimant ? Howard Cohen Solicitors Date of issue – – 08/02/17. I have already acknowledged the claim with intention to fully defend What is the claim for – 1.This claim is for the sum of £6250 in respect of monies owning under an Agreement with the account number XXX pursuant to The Consumer Credit Act 1974 (CCA). The debt was legally assigned by Nationwide to the Claimant and notice has been served. 2.The Defendant failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. 3.The Claimant claims, 1. The sum of £6250 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from XXX to the date hereof of XXX days is the sum of £2700 3. Future interest and costs Amount claimed: 6250+2700+court fees/legal costs= £9450 What is the value of the claim? £9450 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is the debt purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably I did get a letter of assignment but can't remember exactly. Did you receive a Default Notice from the original creditor? Probably I did get a Default Notice but can't remember exactly. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I was made redundant at the time and without a job was facing financial hardship What was the date of your last payment? Circa June 2009 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above. As above in red If you have not already done so – send a CCA Requesticon to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts) I had done so previously and have a been provided with a scanned copy Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts. I shall sent the CPR31.14 request relation to Credit cards. I understand I should not wait for the claimant to respond to my request before filing my defence with 28 days? Please let me know if you require any other information
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