Do outlining the debt as unenforceable as it is non compliant is not viable? so I should offer payment of the debt?

Nope

this happen when the case was passed to my local court????

they have said my only option is to set it aside.

i have to come up with a viable defence as to why it needs to go to trial.

I think the default notice is my only shot.

" the judge has had a look at my holding defence and decided that I have no case. "

 

And how have you found that out Ty ? Have you received an order...does it allow you set a side the order?

 

Andy

Made a complaint and received a response apologising as the original order had no information.

The new order states the judge has reviewed my defence and decided that it would have little chance of success.

I now need to do a set aside application -

think I probably need to use the non compliant default notice as well

as the fact that bank charges are included in the total amount.

Hopefully they accept.. can you go to a higher court if your set aside is unsuccessful?

just an update

the judge has had a look at my holding defence and decided that I have no case.

He has therefore granted judgment on his own accord as not to waste the courts time.

I need to apply for set aside and come up with a reasonable defence.

Not really sure what to do next tbh.

I have sent them an email yesterday in regards to this

as it seems they want me to pay to set aside a judgment that should not have been made?

Is it possible hoist could have applied to have my holding defence struck out?

thats the only thing I can think of?

but would the court not notify me if that was the case??

Have been trying to call them all morning...

update

How now received a letter saying the judge has reviewed my file and will need £255 to set aside judgment??

This is weird as the case has never been heard? only got as far as allocation questionnaire.

Confused.com

ok many thanks..

Just a question - do i need to apply to amend my defence? non compliant default notice - charges etc..

At this point I still have the holding defence.

So quick update.... call the court on friday it turns out the judge issued judgement by mistake!!

Hoist had asked for the stay to be lifted and the judge granted judgement in error..

They are going to send me confirmation of this by the end of next week so fingers crossed.

Hi Andy,

I followed every advice given.... literally can't sleep.

Can i apply to have it set aside based on the following points:

Holding defence not adjusted- no direction from court enabling adjustment of defence? -

No attempt made by claimant to make contact as per mediation order?

Thanks for you help!

yep the exact wording is

Upon reading the claimants letter dated 20/04/16

It is ordered that the

1) the stay be lifted

2) the claimant recover against the defendant the sum of £2300.00 and £180 for cost amounting to total.

it is ordered the defendant pay the claimant the sum of ___- on o before the 17th of May.

thats it.

im hoping i can make some type of application to get this case set aside if not im screwed for 6 years.

Stay is lifted the claimaint to recover cost and interest to the date of judgement.

i need to pay before 17 May 2016.

so today have received a general form of judgement or order???

how has that happened and no case has been heard? what are my options?

So far no contact from Hoist in regards to any settlement.

I have a question - has anyone had any success getting the case dismissed as the default notice does not comply with the Credit Consumer Act??

They are the claimant...let them conduct and negotiate any acceptable settlement figures...of course you can always say no:wink:

Thanks again - will let you know how it goes..

Yep - thats what it states - we have until the 20th of April.

If no conclusion has been reached Hoist have to inform them in writing by 4pm on that day.

I have been through the other threads here but not sure what would be an acceptable resolution..

maybe 3% of the balance with the stipulation that they take it off of my record and cannot resell it?..

Ok thanks Andy... you have been very helpful.. will keep updating as I go along.

Thanks for your help

Just for clarification what happens if a settlement cannot be reached?

Is this document saying go away and sort it out between you?? Im confused...

Update

I have today received a general form of judgement or order.

it stats that action is stayed until 20th April during which time the parties should try and settle.

The claimant should then contact the court by 20th April oi notify the court in writing of the outcome.

Failure to comply or engage properly may result in the application of sanctions.

If a settlement is reached a consent order should be signed by all parties.

It also say because this Order has been made without considering representations from either party

- the parties can have the order set aside, varied or stayed.

What is my next move?

do I wait to hear from hoist? and if so do I enter negotiation?

Thanks foe any help in advance.

Hi All,

I would like to know based on the documents I have uploaded what my chances are in court?

Also do they need to provide further proof of overdraft? agreement and rates etc...

Thanks in advance

No court date as yet. Has been allocated to my local court as of last week.

Happy New Year All,

Can anyone advise me on the next steps based on the paperwork I have received?

Do howard cohen need to produce a overdraft agreement?

Is the agreement invalid as they have an incorrect date of birth?

I have received a call from mediation but they have cancelled as they have been unable to contact Howard Cohen.

Any help would be appreciated.

Hoist documents attached...

Account application form

Recall of overdraft

Notice of assignment -

They have also sent a make up statement of account transaction but I have not added that to the attachment.

To add I have just realised they have the incorrect date of birth on my bank application.

Does this have any implications?

Thanks for your help!

So at what point would a defence be logged as I have gone with the embarrassed defence?

also as they have provided the original agreement?

notice of Allocation would it be of any use to still send a CPR 31.14?

Thanks again for your help.