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scenic meg

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About scenic meg

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  1. Has anyone got a telephone number for Howard Cohen? The number on the letter sent 4th September isn't working and their website has disapeared. I'm supposed to contact them to make an instalment offer.
  2. Update: The hearing has taken place and I lost. Just posting so that others can be made aware when fighting Hoist. Main defences were no terms and conditions on credit agreement, reconstituted cca, failure to comply with cpr 31.14 and legal transfer of debt. Reconstituted CCA was a bit of a try on, and the Judge was satisfied this was a copy of the original CCA albeit copied onto Santander paperwork The Judge was also satisfied that the main terms and conditions were on the CCA Claimant asserted that legal assignment had taken place but could not prove that i
  3. Ive attached the witness statement so far. I am having difficulty finding the relevant info on TAF 1 and TAF 2, save for what I have gleaned from forums. If anyone can point me in the right direction it would be appreciated .
  4. Hi Andy Until they sent me those documents on Monday I had nothing to go on. Now that I have the documents I have prepared a witness statement and I'm just putting the disclosures together. Happy to post it here first if it helps.
  5. Do they need to produce the original cca in court, or is the copy sufficient? I'm still not certain whether that's a reconstructed copy or whether its a copy of an original. Given that the Satan blurb at the bottom refers to the Financial Conduct Authority and the Prudential Regulation Authority, it looks like its post April 2015. No idea about the terms and conditions. It says that they were enclosed with the CCA and that they should have been read before signing, but they weren't in with what the Solicitors have sent.
  6. I have attached the file, the SLW refs I have added as hoist have included a header page for each ref which I have omitted to save space. I have not included SLW3 as this is just a list of transactions but can do if required.
  7. Thanks DX, it says " a copy of the said executed credit agreement" My signature is on it, on the second of two pages. So I take it I don't need to do a witness statement, just turn up in court? Looking at the transactions made, there are PPI payments on there, but no late payment charges. Sorry forgot to add, the reason I thought the CCA could be recon is because it has got at the bottom, Santander UK PLC, which was not in force until 11th January 2010. Prior to that it was Abbey National PLC. They actually sent me the Companies House
  8. I'm back A hearing date has been fixed within the next 10 days but I still hadn't received anything from Hoist, that is, until today. They have sent a copy of the CCA (which I think is reconstituted but can't be certain) together with letters from both Santander and Hoist informing me that the debt was being assigned to Hoist. Also a witness statement from someone at the solicitors, which also had a moan about me filing a defence when they had requested I wait (The defence was filed after I had asked the court for a further 14 days to file, to give them time to get t
  9. All quiet on the western front then out of the blue a letter has arrived asking me to fill in a Small Claims Direction Questionnaire so I can only assume the Solicitors have had the stay lifted? The questionnaire looks straightforward apart from the first question (A1) "Do you agree to this case being referred to the Small Claims Mediation Service?" Is there anything to mediate? TIA
  10. Sorry Dx, I didn't realise you would like to have seen it first. It's a bit late now I know, but this is what I sent The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1.Paragraph 1 is noted. I have in the past had agreements with Santander and have requested clarification by way of a CPR 31.14 and section 78 request to which the claimant has yet to respond. 2.Paragraph 2 is d
  11. Many thanks. Defence has been filed and I will wait for next step. Much appreciated Dx
  12. Fortunately it was accepted. As of today still no paperwork received and the new deadline for filing a defence is tomorrow. Dx mentioned a holding defence, what is that please?
  13. I'm confusing you I think, sorry. The claimants solicitors sent a letter saying that they needed more time to get the paperwork together. I'm happy to allow them a couple of extra weeks but due to personal reasons I didn't notify the court until this week. I have emailed them and asked to extend the defence deadline until 20th March. I am assuming that, since it is the claimant that wanted the extra time there would not be a default judgement.
  14. Then I don't understand, it is the claimant's solicitors who have asked for the extra time, and I have that in writing.
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