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Everything posted by spesh88

  1. 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"
  2. 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.
  3. 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.
  4. For reference, they were both received and signed for last Friday (24th June).
  5. Thanks Andy, Martin. N181 with cover letter sent to CCBC and Cohen today signed for 1st class. I await the next step...
  6. Thanks Andy. So one copy to the court and one to Howard Cohen and Co. Solicitors. Correct?
  7. 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.
  8. 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?
  9. 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]
  10. Last week (but dated 25th May) I received a 'Notice of Proposed Allocation to the Fast Track' from the County Court Business Centre. By 27th June 2016 I must: a) complete the directions questionnaire, file it with the court office b) attempt to agree directions with the other parties c) file proposed directions (whether agreed or not) with the Directions Questionnaire. As things proceed to each next stage, I become more concerned that I am out of my depth! Advice? What are the likely next steps after this too?
  11. Sorry, I'm confused by these statements. Would be great if you can confirm that me sending it by email means I have done what is required. I sent it to both email addresses (the one I listed and the one you provide here, which I saw in another thread). I also received an auto-reply email back from CCBC stating "Thank you for emailing the County Court Business Centre (CCBC). You should expect to receive a response within 5, but no later than 10 working days of receipt." So, I can try MCOL again tomorrow, but even if it still does not work, I have fulfilled my obligations to the court, correct? Finally, how long do I wait now to hear back from the court?
  12. Thanks. I'm having problems with MCOL. I can login, but my claim number and password return only "The following errors have occurred: Claim number or password is incorrect." This is despite the fact that I completed my AoS on there and I am using the details from the claim form itself. I'm therefore going to send to the email address their helpdesk advisor gave ([email protected]). Is there anything I need to include in the email other than the defence, my name, and claim number? Will I receive a confirmation? Do I require one as proof of submitting?
  13. I have a confession, I did speak to Robinson Way on 6th and 7th April and proposed to pay 25% of the £89XX.XX. I know this was advised against here, but I was under pressure by a family member. However, I did not admit liability and made it very clear that I did not acknowledge this debt was mine but that my family were distressed regarding a possible court hearing and preferred to lend me the money to make an offer rather than risk court. They declined, but counter-offered 75%, of £13k (fees, s69 interest, costs etc.) which I declined and stated I could not afford. I’ve had no further contact with them. As such, should I still proceed as directed? My defence below, your input/feedback welcome. I plan to submit via MCOL later today – deadline is 4pm tomorrow. I did receive a default notice from the original creditor and have therefore omitted those sections from my defence , which is below and hopefully accurate as a result. As mentioned above, with regards to the CCA request I sent to Hoist, Robis*nWay replied simply stating “your account is now with our client’s solicitor” and returned the £1 PO. Do I need to do anything further regarding the CCA? On point 5 below, is the statement correct? Or should it say “The claimant’s solicitors have not complied.”? Thanks for your advice and input.
  14. Received response to CPR 31.14 from Cohen on Monday 18th. Received response to CCA from Robins*nWay on 21st (yesterday). Response from Cohen: Response from Robins*nWay: I don't understand why Hoist haven't complied. Sounds like an attempt by Robins*nWay to fob me off, but Hoist (as the claimant) should be legally bound to comply, right? I presume I just write and submit my defence before the deadline next Tuesday regardless? I have looked at some examples on here, but will spend more time researching and post it in this thread before I submit to MCOL if that is the advised course of action. Your thoughts/advice appreciated.
  15. Just found a letter from original creditor (Halifax/Bank of Scotland) that states the account was sold to Hoist on 25.11.14 if that makes any difference.
  16. Picking up some old paperwork that I have not dealt with for some time - advice appreciated on next steps I should take. The address at which I received the last letter (see below) is a family member's and not my own - I'm a little concerned that my family may miss a "letter before action" or claim form should one be sent there. DCA: Arrow Global Guernsey Limited Amount : £7k [approx] Type of debt claimed: Credit card Original agreement with: MBNA Original agreement entered into: Apr 2007 Default notice from original creditor: Yes, Sep 2011 Date of last known payment: 5th Jan 2012 (MBNA), 25th Apr 2012 I&E sent to Arrow Notice of Assignment received: Yes, Moorgate (letter, 25.1.12), Arrow (titled "Notice of Assignment" 14.11.12) Received annual statuary notice ("notice of default sums")?: No Why ceased payments: Divorce, moved home, personal circumstances. Dispute with original creditor: No Communicate financial problems / enter into debt management plan: Yes with MBNA Other pertinent dates: 21/02/2014 CCA request sent. Proof of postage. Copy of Letter retained. 25/02/2014 Letter from Arrow - Confirms receipt of my CCA request. 30/06/2014 Letter from Arrow - Holding letter states they are chasing documentation. 18/02/2015 Letter from Arrow - (One year after original request!) They claim they have supplied a copy of agreement, T&C and statements. No signed agreement - in fact, no evidence to say it was the agreement from the time as far as I can tell. They also state that they are looking to outsource the account. I've not received anything since then, so am hesitatnet to chase, with the caveat above of being concerned about the address issue. Does the fact it took them 12 months to reply have any bearing on how things may go in the future (or court)? Does the fact they have not produced a copy of the agreement with my signature have an impact on this too? Is Apr 2007 before or after an important date regarding these sort of debts (it's something to do with CCAs right?)? Should I just wait and see, or is there another preferable course of action? Thanks in advance for your advice.
  17. Another vote for Keepass. Useful points/advantages: - One extra long password for accessing it that you do not use elsewhere. Keep it in your head. Do not move purely to this until you have used it around a dozen times and are confident you can remember it. Then destroy any written version. You will remember it quickly as you'll use it every day you use your computer/logon to a website. - Every other password can use a 10 word diceware created password that is unique and you don't have to bother remembering it. - Add-ons for Chrome/Firefox mean your username and password are entered automatically whenever you visit a page for which you have saved your details previously. Logging in is quicker and without using keystrokes. - Add-on for iOS (in conjunction with Dropbox) means you can access your Keepass file (using the password as described above) anywhere 24/7. - You aren't using the same password for multiple sites, so if a website is hacked or user details stolen, none of your other logins for other sites are compromised.
  18. Would the fact that their total claim is over £10k affect the case going on to the small claims track or not? Will there be a need for me to speak to the court to clarify/address this issue?
  19. - CCA sent to Hoist - CPR 31.14 Sent to Cohen Both sent guaranteed next day delivery. Am I correct in thinking that both must respond to me within 14 days of receipt? If so, this should be before my deadline for defence right? With the claim issue date of 25th March, now that I have acknowledged via MCOL, am I correct in thinking that I must submit my defence before 4pm on 26th April? So, what is the next step now and what are my options? Thanks again for the advice so far, very helpful!
  20. Another question.... There is a section in the template that states it should be deleted for claims over £10k. With the ambiguity (or incorrectly completed information) in regards to my case, presumably I should leave it in? It is only s69 interest they have added that takes it above 10k (as mentioned previously in this thread).
  21. Yes I was. But am now doing both of the advised below... correct?
  22. Doing so now. Is this the correct CPR 31.14 for a credit card? http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued
  23. Going through old paperwork to get organised... I sent a CCA request to "First Source Solutions" in Feb 2014 regarding this debt (and I have proof of postage). I do not appear to have received any response. Does this have any impact?
  24. Sorry, that was wrong. It was: Amount claimed £13,000.00 Court Fee £XXXXX Solicitors Costs £XXXXX Total Amount £XXXXX Is how it appears on the claim form, but in the particulars it is listed as 4 separate items as listed above.
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