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Everything posted by 1972mum

  1. Well, just received a letter from the court saying it's been struck out due to not being paid! My husband also had a hearing the week after mine and he got a letter last week. Shocking knowing that so many people must pay these people or go to court when the dca really don't have a leg to stand on. Up yours Hoist! Thank you for all the advice. We made a donation to the site last week in thanks for the invaluable information.
  2. I may somewhat naively have been hoping that the fee wouldnt have been paid yes! Do i get a witness statement from Hoist too? The witness statement that I have found to copy, refers to parts of their witness statement? Sorry, if asking dumb questions - all a bit new to me this!
  3. Yes, i appreciate that. I was asking if its normal to get notification that a case has been struck out? Sorry for the confusion...
  4. Just an update. Cohens/Hoist had until 4pm on 12th October to pay the court fee. Ive just called the court, and they said it doesn't appear to have been paid. The guy was hard work! I asked would i get correspondence to say that this was the case and it would be struck out. He said no, even if its struck out i wont be informed and that I should still turn up at the court? Is this normal, as it means that I have to do the witness statement and send it with all my other paperwork!
  5. thanks for the advice. What needs to go in the witness statement ?? The fact I havent recieved a signed copy of the orginal agreement etc ??? Thanks as always for the help and advice
  6. Was hoping they'd given up but No! received a notice of allocation to small claims track for 9th November. It states claimant has until 12 October to pay the trial fee. Will I find out if they don't? If it goes ahead, what documents are they talking about that I need to send copies off to claimant and court? Is it the witness statement?
  7. I've had an email from the solicitors. says they are willing to accept a payment plan to avoid potential court costs ,and have I looked at the paperwork they sent. Do I just ignore it?
  8. That was short and sweet! Told him the paperwork was incomplete - didn't go into details as advised. Mediation ended! Are they on commission by any chance? His manner changed when he ended the call!
  9. That was my next question thank you! I was wondering how specific I needed to be when he phoned back. Am I not obliged to tell him what info is missing then? Does the mediator have to decide that mediation is ended or can I?
  10. 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
  11. 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?
  12. 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!
  13. 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?
  14. 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
  15. 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
  16. 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!
  17. I have had a credit card with Yorkshire now for about 18 years and a current account for about 20. Currently experiencing severe financial difficulties and struggling to pay the credit card. I cant fault the bank themselves as there are never any harassing phone calls and they are also really helpful. However, if I couldnt make the payments as arranged, could they freeze my current account with them?? Likewise, I also have a loan with them, could non payment affect that??
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