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Everything posted by b4nkers

  1. Hi Just to update the thread, I received an acknowledgement of the CCA letter request as attached. (They also returned the postal order). About a week later I then received a letter to say the case was being assigned to another Hoist Finance UK Holdings 1 Limited. I'll let you know any further updates. Thanks B. CCA letter acknowledgement & letter of assignment REDACTED Sept 2018.pdf
  2. Thanks all, I shall follow your guidance and see what happens, thanks all.
  3. Hi all I've received a letter of claim from Howard Cohen acting on behalf of Hoist portfolio Ltd. The debt relates to a former Barclaycard that started in June 2008 and later defaulted in in Dec 2013 (according to my noddle credit file). I was self employed at the time and quickly became over indebted at the time. The default amount is £12,500 and last payment made was March 2013. I've uploaded a redacted letter of claim I received recently. I received a very similar letter in Dec last year which I ignored and did not hear anything until now - the same request letter
  4. I've received a notice of Discontinuation from IDR Finance (its within the 28 days of the hearing date so guess they will get a full refund of any hearing cost) Just a quick question- my defence included a monetary counter claim - will this also come to an end unless I pursue this further? Notice of discontinuation Sept 2016.pdf
  5. Thanks for your added input. All seems to make sense to me. The inception copy they sent me is legible though the T&C's are just about legible in parts and not legible at all for some bits. Also difficulty to see how those T&C's were ones associated with the application-as there are no dates on them. WS deadline is 1st September - as too for the claimant. So far nothing from them as yet though I suspect they will email me theirs just before 5pm on 1st Sept with paper copies in the post. Going to post mine tomorrow morning 1st class recorded delivery.
  6. Thanks Sham for the guidance, yes it makes sense and I shall re draft the witness statement to accommodate the valid points you raise. (The disclosure documents that were sent by the Claimant were originally emailed to me just before the deadline. Hard copies followed on in the post but were received after the deadline. Though the hard copies were slightly better quality I would like to disregard these as they arrived after the deadline - not sure if I can or not?) Did you have a thread here on in relation to your experience I could refer to? Many thanks for your input.
  7. Thanks Andy, I'll add the statement of truth at the end. Re: the contents- yes I thought it was the only solid thing that I felt I could rely on though should it go to hearing I'm aware this point will be challenged with case law as noted in earlier posts but will prepare for this. Not sure if you think there are other points that have merit that I could include? Is it worth mentioning Highbridge/debt management firm/ their original defence (and the fact that they are no longer trading). Thanks Ben
  8. Thanks all for your advice. I've attached a redacted copy of my witness statement with proposed exhibits. Any suggestions or improvements greatly appreciated. thanks Ben Witness statement - Redacted.pdf
  9. Thanks Andy- CPR?- do you mean including any relevant sections of the CPR to support any of the points in the statement. Ben
  10. Thanks DX. I'm in the middle of drafting a witness statement - as this needs to be 'filed and served by 1st Sept'. I assume docs can arrive on the 1st September? I understand I need to include all the documents I intend to rely on in the hearing. Thanks Ben
  11. I've received a county court hearing date for November with a request to 'file and serve copy documents' by 1st September including a witness statement (redacted letter attached). (I'm assuming this means I send copies to both the Court and the claimant). Is it ok if the docs arrive on the actual day of the 1st of September? Thinking about including the following points in the witness statement: Claimant has been unable to produce a copy of executed agreement following CCA request received on XX date by claimant. Claimant has sent illegible document
  12. Thanks Dx, I'll ignore the offer and wait to see. I'll be making another donation once this has all gone through, thanks for your help.
  13. Hi all, thanks for you guidance. I've made a small donation today as a token of my appreciation for help received so far. I've received some further correspondence today- from Kearns a settlement offer by way of a Tonlin order? I've amended some of the figures slightly and uploaded a redacted version of the correspondence. Interested to hear your views on the offer. Tomlin Order.pdf
  14. Thanks all for your input, I will familiarise myself with the Carey case in case it is used. So next steps then, the claimant informs the Court they still wish to proceed on before 18th July - does this then result in a hearing date. Will I have the opportunity to put my case across in writing prior to any hearing date? If a hearing is next step - should I consider a lay person to help on the day. I''m also due to go away in August - should inform the Courts about this now or will they ask confirm availability closer to the time.
  15. Hi all, what I do know is that the T&C's that were sent to me are illegible. Hard copies are in the post apparently but they won't arrive until after the dead line - even if they are easy to read, I assume it will be the emaiiled docs that needed to comply with judges general directions order as previously received: 1) The claimant shall by 13th June 2016 give to the Defendant copies of all the documents upon which it proposes to rely, accompanies by a disclosure statement. In default of strict compliance the Claim shall stand struck out with need for further O
  16. Thanks Andy, how does an inception copy differ from any other type as (I'm guessing) I never signed any other set of application docs? Copies of the T&C's were sent to me by the original creditor much earlier on in the process- not sure if this would make any difference?
  17. Hi DX - Application form is signed by me ..- back in 2004. I've scanned at highest DPI- but resolution is the same as on original email. Redacted docs - Disclosure 13062016.pdf
  18. I've just received an email with an attachment of 51 pages. It includes a copy of the credit agreement as well as T&C's. Email says hard copies are also on the way to me in the post. They were emailed me to me just after 3pm. (4pm was the deadline). Feeling gutted right now. With 51 pages to redact there's a lot of personal/identifying info on most pages - is there anyway I could email them for anyone familiar with the case to have a look at? Andyorch or Dx perhaps? Thanks in advance.
  19. Ok thanks for clarification. I'll let you know what happens- hopefully nothing from claimant arrives in post over next couple of weeks..
  20. Thanks Andy- It would be great if they don't reply and the claim is struck out. Unless the claimant has recently informed them, I've not informed the County Court that I'm awaiting a response to a CCA request. If the claimants does send 'all the documents it proposes to rely' but does not include a copy of the original signed credit agreement - I'm assuming it would still go to mediation and then a hearing assuming mediation fails? Many thanks
  21. Hi Just received a further letter from the County court today. I've copied the contents below. (On the directions questionnaire I sent back in April, I ticked the box 'yes' to refer to the mediation service. However the Claimant ticked the 'No' box. Not sure if their preference not to go through mediation has had any impact on the contents of the letter below?) p.s. I've still not received any response from the claimant from my CCA letter sent sent and received by their offices in April. Date 23rd May District Judge XXXXX sitting at XXXXXXXX Courthouse, co
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