I've been reading through the forums for a while but just am getting a bit nervy now!

Im at the stage where after submitting the defence, ive got the Defence questionnaire re the small claims track.

Hoist still haven't responded to my requests for info, and ive not had anything back from Cohens either and the requests were sent at the end of April.

Before it got to this stage, Id spoken to the litigation department twice requesting correspondence - in the second call, the Hoist person said that they wouldn't be sending me any requested info...

Am i correct in thinking that i now tick the mediation box and take it from there?

I then explain about the requested information not being provided - assuming it still hasn't by then?

Sorry if this has been said loads before, but i just need to know for my own peace of mind!

Tell us more about the debt itself

Wed like to help but we need more info.

Pleaseo tell us more about the debt as has been asked above.

In terms of mediation, you should read around this forum and see what we have to say about mediation.

Mediation is generally unsuited to these debt matters and even the mediation service says so on their webpage

Solicitors and other organisations when dealing with litigants in person are generally not qualified to enter into any mediation process and the approach seems to be that it is an opportunity to get the litigant in person to give up some of their rights. This is not at all the purpose of mediation.

I'm very interested to hear that hoist are apparently refusing to give you any further information. In addition to the case in detail requested above, please can you tell us what you have asked for and what it is they are refusing to give you.

I'm also concerned that you are dealing with them on the telephone but I'm quite sure that you are not recording any calls so you have nothing set down in evidence to show any lack of cooperation or reasonable behaviour to you. You should read our customer services guide and implement the advice there.

Hi BankFodder, I'm not dealing with them by telephone. That was before I'd got all the court stuff through.

I am at work at the moment so will update further later.

Many thanks

if the claimform was in april

have you checked with the court that they've paid the fee to unstay the claim?

as I expect it got well stayed if they didn't respond within 28days of your defence filing date?

if the claimform was in april

have you checked with the court that they've paid the fee to unstay the claim?

as I expect it got well stayed if they didn't respond within 28days of your defence filing date?

They must have if the court has sent the N180 ?

Maybe I'm just being fanciful, but I'm playing around with an idea that if a claimant acts unreasonably and for instance fails to respond to a CPR 31 request, whether they aren't then treating the defendant unfairly which might give a basis for a counterclaim based on COBS.

The claimant is not compelled to comply to a CPR request as its only a civil request.....disclosure of documents will only happen after a defence has been submitted and only at the appropriate stage...after allocation of the claim.

As for a CCA section...they will remain in default and unable to enforce the agreement until such time they can comply

Oh well… I'll just keep on dreaming.

Oh well… I'll just keep on dreaming.

Name of the Claimant - HOIST

Date of issue – 20 APRIL 17

What is the claim for –

1.this is for the sum of £8004 in respect of monies owing under an agreement with the account no.....pursuant to the consumer credit act 1974(cca)

the debt was legally assigned by mkdp llp (ex barclaycard) to the claimant and notice has been served.

2.the defendant has 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.

What is the value of the claim? £8514.85

Is the claim for - CREDIT CARD

When did you enter into the original agreement before or after 2007? WAY 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. DEBT PURCHASER

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? MAY HAVE DONE MANY YEARS AGO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? HUSBANDS BUSINESS FAILED - COULDNT AFFORD AS OTHER DEBTS TOO

What was the date of your last payment? NOT SURE I NEED TO CHECK

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 management planicon? DEBT ADVICE SERVICE CONTACTED BARCLAYCARD IN APPROX 2013 -

my husband contacted robinson way litigation dept on 26 april,

who told him that no copy correspondence would be sent to me even though i was requesting it.

submitted n9 acknowledgment of service - 27th april 17

cpr 31.14 to cohens sent 27 april 17 - nothing received as at todays date

cca request sent to hoist along with postal order 27 april 17 - nothing received as at todays date

received a letter from robinson way 8th may stating

"we write to confirm that we have noted the dispute/query you have raised.

we will make the necessary enquiries and let you know the outcome in due course.

in the meantime we will stop all collection activity on this account"

defence was filed 17 may 17, using the standard defence off here.

acknowledgement of defence was received dated 17 may 17.

ni49a - notice of proposed allocation to the small claims track dated 20 june

- have to reply by 7th july.

states now a defended claim etc.

so, back to my original question,

what do i do now!

do i say i want the case referring to the small claims mediation service?

(Just realised all in caps sorry! long day and doing this at gone midnight!)

Many thanks

N180...

you say yes to mediation unless you filed an SB defence

then theres nowt to mediate over.

1 wit you

the rest is onv

copy to court

copy to claimant sols

you can omit sig/phone/email

Thank you. Just one of the other posters made me doubt I should be choosing mediation!

But I don't put my number on? Is that a stalling tactic?

there is no legal requirement to give the solicitors you sig/phonee or email details

simply gives them an easy route to pester you .

the court copy should be unredacted mind.

Do i fill the other sections in too? ie C and D?

Do i fill the other sections in too? ie C and D?

You complete all of it

https://www.moneyclaimsuk.co.uk/PDFForms/N180.pdf

I've got my mediation call tomorrow and worried as to what I say! Do I go on the lines of "how can I agree to pay anything when I don't have the details of what it is? (I've never received any of the paperwork requested from hoist or cohens) Sleepless night tonight for me!

Then simply state you have received nothing from the claimant.......mediation will end..you get a good night sleep

Lol. Think I can manage that! Thank you

My mediation call was 10am.

Really nice guy phoned me, then phoned Cohens.

When he phoned back, he said they have sent you all the relevant paperwork over by email in the last 30 mins....

(email must have been on file from a long time ago).

They sent the info at 9am - i requested it 27 April.

The mediator told me he'd call me back in the morning when I'd had chance to look at the email.

They have sent me a blank agreement - nothing on it at all.

No name, dates etc.

They also sent a copy of assignment from Barclaycard to mkdr and another to Hoist.

Do I have a leg to stand on?

The agreement was taken out in 1995 apparently if that's of any relevance?

My understanding is that they would need the original agreement to be able to enforce this as its pre 2007 - Can you post minus personal details what they have sent you?

no dice on a blank application form I bet

will need to be a copy of the signed agreement

all the relevant T&C's

and the default notice from the OC.

I bet this is a copy of the blank 620000 crap they all turf out from their filing cabinets

its even on here in many Barclaycard claimform threads

Sorry for poor quality.

when i have another call tomorrow,

I can say that I havent got a signed agreement as requested or a copy of the default notice?

CCA return.pdf

That is not your agreement. It has to have your details on it to be valid in regard to the current claim.

utter bogroll

you tell mediation you have not received all the required paperwork to enable you to proceed with mediation

but not THE SPECIFICS.

dx