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mrdonj

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About mrdonj

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  1. Literally was on my way to the post office when the postman dropped some letters off. Hoist/Cohen have issued me with a notice of discontinuation! Going to ring my local court on Monday morning to make sure they have actually forwarded a copy to them. Thanks again for the help guys. So much stress off the shoulders
  2. I take it reading through some of the legal successes will be helpful? Yeah I read the letter in a panic, it stated the claimant must pay, not me the defendant (facepalm).
  3. the mediation appointment did not go through in the end. The mediation team had informed me that Hoist still hadn't got in touch with them to confirm the date and time of the appointment and I received no email or letter confirming that they had done so on time. The mediation team did phone me three days before the appointment asking me if I could accept an appointment later in the day, but I missed their call (and subsequently they had already sent the claim back to my local county court the same day) Received a letter today for a court hearing in just under a month. Apparently it will last an hour and a half. In terms of evidence I guess it is just my witness statement and the fact that they didn't respond to me regarding requested documents in my defence and not complying with the CPR 31.14 request? Would I also be correct in needing to fill in a EX160 form for help with court fees? Not sure how I would fill in that I get maintenance loan from student finance that should last 3 months.
  4. As it stands right now I can decline the offer, have a week to decide really. I can't remember the thread I was reading, it was a while back, but I remember there was a reason cited for going ahead with mediation and then mentioning the lack of documentation during the conversation, but I can't recall why that was.
  5. had a mediation offer for next week. Been involved in one before with a very good outcome. Just curious, one of the things that I need to agree to is " I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment." Seeing as they haven't actually provided me with any of the documents requested in my defence, nor did they comply with the CPR 31.14 request, one would think that I would need more information before going into negotiations with them?
  6. So one back to the court, a copy for myself and one to Cohen. I noticed in two threads, that the copy to the solicitor was recommended to be sent without signature, email and phone number. Is there any reason to do that here?
  7. Received N180 letter which says I need to file with the court and serve on all parties. Do I send a copy to hoist and their solicitor as well?
  8. Thanks for the advice. I contacted the bailiff directly before you messaged and told him about my circumstances. Asked for the medication I was on etc and told them I was a student. They've agreed to remove the £235 fee but want my last two payments up front by the weekend which I'm fine with if I'm honest, since the payments would be coming from the same lump of money anyways. Is there anything else I should, just to make sure I'm not being lied to etc. I did record the phone call just to be safe
  9. I had an agreement with Marston to pay off a fine due to an untaxed vehicle being on the road. Received my student finance last week not realising it was being paid into a different account. Agreement broke on the 13th of Jan due to the missed payment. I had made an initial payment in december. They noted missed payment on the 15th Jan Today (16th Jan) a Bailiff from Marston arrived. I was asleep but another family member was arriving home from work and saw them. They put a Final Notice letter through the letter box. £235 enforcement stage costs and £75 admin fee have been added. It says "Despite previous notices and attendance(s) I shall attend to take control of goods and remove for sale by public auction: ONE MORNING THIS WEEK Besides trying to arrange a payment plan, is there anything else I can do? This has already caused me to have a panic attack and things are hard enough as it is. I'm currently receiving help from a psychological therapist for anxiety, low mood/depression, I am on antidepressants and also receiving counselling from my university counselling team. I did note I could inform them of possibly being a vulnerable person but I am not sure if things have escalated too far or not.
  10. Is this any better? I removed the parts about CCA since this doesn't fall under CCA? Defense 1. Paragraph 1,I accept that I have held a current account with Santander in the past. I have not serviced this account since 2008 due to the account being closed by Santander. The punitive charges and interest being applied made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Santander Bank. It is therefore denied that I am indebted for any alleged outstanding residue. 2. Paragraph 2 is denied, I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925. 3. Paragraph 3 is denied, I am not aware of what terms and conditions the claimant purports to rely on 4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to: - (a) Provide a copy of agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on. (b) Provide a copy of the Notice of Assignment. © Provide a breakdown of their excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 21/12/2018. The Claimant has failed to comply with this request. Therefore, the claimant in their non-compliance to my requests have frustrated my attempts to clarify their claim and against pre-action protocol should be considered when the question of costs arise. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  11. This is a draft which I have come up with. 1.This claim is for the sum of £1678.00 in respect of monies owing pursuant to an overdraft facility under bank account no XXXXXX The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX SANTANDER UK PLC) to the Claimant and notice has been served. 2.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 3.The Claimant claims 1. The sum of £1678.00 2. Costs 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made. 2. The Defendant accepts that he once held a bank account with Santander in the past. I can’t recall the exact details of the agreement, nor recall any alleged amounts outstanding. I have therefore sought clarity from the claimant which has yet to comply with my request. I am unaware of any assignment and it is denied that I have ever received any Notice of Assignment pursuant to The Law of Property Act 1925 3. It is denied that I failed to repay overdrawn sums to the bank account as I am not aware of what terms and conditions the claimant purports to rely on. 4. On receipt of this claim I requested copies of the documentation relied upon by way of a CPR 31.14 request dated 19/12/18 and received by the Claimant’s solicitor on 21/12/2018. As of this date the claimant has failed to supply any supporting documentation 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement on which the claim relies upon; and b) show how the Defendant has reached the amount claimed for; and c) show how the Claimant has the legal right either under statute or equity to issue a claim. 6. As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law and Property Act. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  12. I am in the process of compiling my defence but wanted to know an idea as to what to respond with since they have not responded to my CPR 31.14 request. It was received by the solicitors office on the 20th December
  13. Have read a few threads here. So it seems since it's an overdraft I can't send a CCA request, only a CPR31.14 request to the solicitor and to acknowledge the debt?
  14. Have spoken to Santander who have said last payment was 5 years ago on November 13th 2013 so can't go with a statute barred defence since I'm in the UK
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