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About HungaryJoe

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  1. Thanks - I guess I am a little confused by Andy's comments earlier in the thread - for an overdraft are they obliged to provide any documents at all? If mediation fails (because they have not provided me with enough information) and it goes to court (which I cannot attend due to not being resident in the UK) I feel kind of helpless if there is no requirement for them to have provided me with anything except the summons.
  2. Hi, thank you for your reply - I have received the 'mediation appointment offer' now and it specifically says in the mediation requirements (simple yes no, three questions section) 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 - The answer would be no, as the company have not provided any documents to me - but should I continue anyway - if I do and say I have requested these docs and they have not been sent to me, will the mediator think I am wasting their time? Thanks again.
  3. It was the letter informing me the case has been assigned to the small claims track - the 'directions questionnaire' - also asking if I would like to consider mediation and to clarify details about the venue/witnesses and hearing.
  4. Hi, I submitted a defense and the case is proceeding on the small claims track. The court didn't apply enough postage to get the letter to where I live so it has arrived 2 days before I need to have it back with them. The solicitors did reply to my letter, but only to say they would not provide any documents to me unless the court orders it. There seems very little I can do from my location abroad - is there? Thanks
  5. But presumably they still need to prove the debt has been assigned to them? If not, then what is it they take to court to prove I owe them money?
  6. Thanks, What happens if the claimant has not had the required amount of time to respond to my document requests by the time I file my defense?
  7. If there were no fees etc on the overdraft, would it be a lie to use that defense?
  8. Hi, The papers were sent to my sisters address, I have my drivers licence registered there which is where I assume they got the address (I had not told them). She opened a mail addressed to the householder so fortunately realised this was happening before it was too late. I am still a resident abroad, I am not in the UK and will not be for the foreseeable future (although I want the option of returning home in the future available!) Yes I acknowledged receipt of the claim. I called Cohen and Hoist following acknowledged receipt of the claim to the court, I told them where I was living but they refused to take my address. They wanted an address in the UK, I didn't want to give them one as I don't want this responsibility falling on someone else. I insisted they contact me where I currently reside. Thank you for your help.
  9. Name of the Claimant - H Cohen Solicitors, Hoist 2 Ltd. Original creditor MKDP LLp (Ex HSBC). Date of issue: 12th September Acknowledgement submitted. What is the claim for – the reason they have issued the claim? This claim is for the sum of £1089 in respect of monies owed pertinent to an overdraft facility under bank account number x. The debt was legally assigned by MKDP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdraft sums owing under the terms and conditions of the bank account. The Claimant claim: 1. The sum of £1089 2. Interest charges persunt of the county court act 1964 at a rate of 8% from 24/09/12 to the date hereof 1436 is the sum of £343.06. 3. Future interest at the daily rate of .24 4. costs. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Account set up in early 2000s Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure. Why did you cease payments? I didn't, I was a student conducting fieldwork abroad. The overdraft was within its limit, but not enough money was paid into it. Whilst away, HSBC closed the overdraft facility and demanded full payment. (OD Limit was £1500, amount in account was -£1090) What was the date of your last payment? Early 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Unsure. Hello and thank you for any help. I am a UK citizen but have been living and working abroad for three years - Estonia and Hungary. This is making it very hard for me to deal with this... I was unaware of being chased for this debt. I recently found out about a court summons as post was forwarded to a family member. I called Cohen and Hoist about this debt asking for documents to prove to me the age and the fact it is mine and they said they did not have these. The debt is from 2012, I tried to get access to my statutory C report but as I am a resident abroad this is very difficult and basically is not possible. I have sent a CCA request and CPR 31.14. These were only sent today. I have very little time to submit my defense. I have a defense written - can I submit this even though the solicitors have not had the time to respond? I basically want to say - I don't know what this is, I would like them to show me documentation. 1. I received the claim xxxxxx from the Northampton County Court on 12th September. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 4.(a). The defendant is unable to reconcile the amount claimed with any account he may have had with the original credit and remains at a disadvantage not having access to relevant record. 5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies. - I am well out of my comfort zone here, this process has caused considerable stress in the last week, please excuse any ignorance on my side! - I am really struggling with this - is what I have written above logical? Is there something wrong with this, should I be doing something else? What happens next - where does the process go from here? Thank you very much for any help.
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