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spesh88

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About spesh88

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  1. Perhaps I should wait until officially struck out and then request for it to be removed from my credit file?
  2. Just had a letter from the court stating: "IT IS ORDERED THAT 1. Unless the Claimant, by 4.00pm on 21st October 2016, complies with paragraph 1 of the order made on 26th July 2016 the claim shall be struck out." Also says that if they do comply, I have until 4th Nov to comply with paragraph 2. I assume all of this is just tidying up the case from the court end and no further action is likely to be taken. It does surprise me however, how long it has taken to get to this stage and also, that the deadline is just one day after I received the letter! With regards to another issue I brought up earlier, my credit file (at least according to noddle) still claims that I owe Hoist £9.2k despite this case (perhaps it will disappear once struck out?) and despite it now being over 6 years since I originally defaulted. The last update to my file was Oct 2016 saying "account has defaulted" as it has done throughout. Any advice on this? I can dispute via noddle I think, but other than that, not sure of how to proceed.
  3. Thanks for all your help (and dx too), I definitely would like to make a donation. A couple of further questions I'd like to ask if you don't mind. 1) Under what circumstances can they bring this back to court and how long do they have to do so? 2) If this showed on my credit rating, would it 'disappear' this month, if I had defaulted Sep 2010? It will be 2018 before 6 years have passed since I last made payment, but the default notice was issued September 2010. It is my understanding that they need the permission of the judge to bring this back to court - presumably a judge would want to see the documents previously requested - if they could produce them, then I assume the case could go back to court prior to 2018?
  4. Today I received a letter from Howard Cohen & Co. "...After further consideration, we have been instructed by our client to discontinue County Court proceedings against you. Therefore, please find attached our client's Notice of Discontinuance. We confirm that the same has been filed at the court. We trust this concludes the matter." So, that's good, right?
  5. So just wait until the 30th? What should I be sending in a further statment?
  6. Just received a 'General Form of Judgement or Order' from my local claw courts dated 16th August. Your advice appreciated regarding what action I must and should take. "Upon reading the statements of case and directions questionnaires filed IT IS ORDERED THAT 1) The Claimant shall by 4pm on 30 August 2016 send to the court and to the Defendent copies of the agreement, default notice and notice of assignment referred to in the particulars of claim 2) The Defendant shall send to the court and to the Claimant a further statement of case by 4pm on 13 September 2016. This must set out a coherent statement of facts which, if true, amount in law to a defence to the claim. 3) Upon compliance with paragraphs 1 and 2 of this order the court file shall be referred to District Judge XXXXX for further directions. 4) Because this Order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. Dayed 26th July 2016"
  7. Unfortunately not struck out Just called CCBC and they said it has been transferred to my local court and that I would get a letter saying that in the post. So presumably after that the next step is a hearing date from my local court? How will I know if it has been transferred to small claims court? Any further action required by me at this point? I guess things are getting serious now.
  8. Received a letter from CCBC today (18th July) , but it is dated 9th July! A bit worried, your advice appreciated. Quite a lot in it, but it seems it is just a copy to me of a letter sent to the claimant saying they have 7 days to file the directions questionnaire. But it also says there are only 7 days to have the order set aside, stayed etc. Do I have to take any action? Extracts below... "General Form of Judgement or Order... The claimant, you have been sent Notice N149A, B or C which specified...the date by which you were to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with the CCBC by the date specified in form N149. IT IS ORDERED THAT The claimant must file the directions questionnaire with the CCBC on or before 7 days from the service of this Order with CCBC. ... This order has been made without a hearing under the Courts case management powers contained in Civil Procedure Rules. The parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must file the application with the CCBC (together with any appropriate fee) within 7 days of service of this order.
  9. For reference, they were both received and signed for last Friday (24th June).
  10. Thanks Andy, Martin. N181 with cover letter sent to CCBC and Cohen today signed for 1st class. I await the next step...
  11. Thanks Andy. So one copy to the court and one to Howard Cohen and Co. Solicitors. Correct?
  12. Thanks Ford, Andy. I've completed and printed form N181 as outlined above following your feedback and it's ready to go. Question: In both D2. and D4. I have written "Please see section I - Further Information." and included the details there, as both D2. and D4. entry boxes are so small that I cannot fit all the listed info inside. I assume this is okay? Can I please double-check that I do not need to do anything regarding directions? The letter states "You must... c) file propose directions (whether or not agreed) with the Directions Questionnaire." and form N181 states "Whether agreed or not a draft of the order for directions which you seek must accompany this form." In addition, under D2. Track, it states "If you have indicated in the proposed directions a track..." I'd just like to be 100% certain that once I have sent this pack without directions, I have no further obligations to the court until I next hear from them. Thanks again for your input.
  13. Thanks. Will add the new info in red. So nothing needs to go in I. - Further information? Also, I'm unsure of what needs to be done about J - Directions Can you advise? The thread linked above only referred to directions and that some info would be sent privately maybe?
  14. Thanks for the link and the continued advice and support. Here is my first effort - I'd appreciate your feedback. --- A. Settlement A1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? Yes A2. If Yes, do you want a one month stay? No B. Court B1. N/A B2. Yes. My local county XXXXXX. I am the defendant. C. Pre-action Protocols C. Not applicable. I am the defendant D. Case management information D1. N/A D2. I believe this claim should be allocated to the small claims track.Pursuant to CPR part 26.8 (2) The Claimant claims: 1. The sum of £9,000 [approx.]. 2. Interest pursuant to s.69 of the County Court Act 1994 at a rate of 8.00 percent the sum of £3,600 [approx.] Interest has yet to be awarded at the discretion of the court, therefore the claim falls below the £10,000 threshold for allocation to the fast track. D3. N/A D4. Standard Disclosure. A request was made on April 11th 2016 to Howard Cohen and Co. Solicitors via CPR 31.14 for the disclosure and production of a verified and legible copy of the agreement, the assignment and the default notice. This request was not complied with. A request was also made on April 11th 2016 to Hoist Portfolio Holdings 2 Ltd., pursuant to s.78 of the consumer credit Act 1974 for the production of a true copy of the credit agreement relating to the account in question. This request was not complied with. E.Experts Do you wish to use experts? No F. Witnesses Myself, All facts G. Trial or Final Hearing Less than One day, 3 hours H. N/A I. [left blank - need advice on this] J. [also need advice here]
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