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Move Forward

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  1. An update since since sending the directions. Received the directions from Cohen. Received notification that this is being transferred to County Court Only recently received a court date in September. Then today received a Notification of Discontinuance from Cohen. This is obviously fantastic news that is entirely down to the advice and information from this site. It goes to show that these organisations are trying it on even if they know they are missing vital documentation needed for their success, only giving up when they believe that you know what you are doing! I had no idea
  2. That's fantastic Andy, I could never have come up with that, much appreciated
  3. Thanks again Andy, Just 3 questions about the N181 B2 Is there any reason why your claim needs to be heard at a court or hearing centre D4 For all multi track cases: Have you filed and served a disclosure report (Form N263) (see CPR Part 31). .. No is this something that I need to do? Have you agreed a proposal in relation to disclosure that meets the overriding objective?...No
  4. Well, Time for an update, and a plea for a bit more help and hand holding. I have received nothing at all from HPH2 or H Cohen. I have received a Notice of proposed Allocation to the Fast Track and the Directions Questionnaire. This appears to be mainly for the Claimant to complete? This needs to be in next week and I have just read that this must also be served on All Other Parties, does this mean HPH2 and H Cohen? or just H Cohen? I couldn't find the templates on the forum, although there are references to them, The responses to the form are on a d
  5. Thanks Andy, As mentioned in previous post(s) They have purchased my debt entirely of their volition and so cannot have suffered any loss as a result of any dealings with me. I thought that the whole principle in bringing a claim was that they have suffered a loss? If I caused them no loss then they have no standing? Just trying to find an angle, as I said to DX, "somewhere in the system will be a clause that defeats their profiteering", Will it do any harm? As ever I will be guided by you.
  6. Incidentally, I checked the tracking numbers for the CPR31.14 that was signed for the following day. The CCA request delivery is pending suggesting that the PO is unable to find anyone at the Jersey address, (that is purported to be just an address) to deliver it to, Is this tactics and does this affect the case?
  7. Thanks Andy, I've been back and forth through the threads and didn't realise this was an OD. I've looked at one of the previous defences that you were involved in that seems to cover my case and have taken the liberty of recreating it. How does this look? 1. this claim if for the sum £12xxxx in respect of monies owing under an agreement with the account no **************** pursuant to the credit consumer credit act 1974 (cca) 2.The debt was legally assigned by Barclays Bank PLC (ex Barclaycard) to the claimant and notice has been served. 3. The defendant ha
  8. Very true DX, and I do understand that they buy the rights of the OC, but ssomewhere in the system will be a clause that defeats their profiteering, I'll continue to dig. Please have a look through the defence below. I have left the discussed clause in as I'm told the words do have a legal meaning and may make the judge think, in any event, I don't think it can harm the defence, but I'll go with your / Andy's advice; Northampton County Court Claim No XXXXXXX Between: Hoist Portfolio Holdings 2 Ltd (Claimant) And XXXXX XXXXXXX
  9. Thanks DX, I see the same question on another thread. I'm ready with the standard defence that I shall post next, and with all the research and help from Andy and yourself I think we're in control. I can’t help thinking though that as I've had no contact with Hoist or any of their agents, I cannot have entered into any contract with them. They have purchased my debt entirely at their own discretion and so cannot have suffered any loss as a result of any dealings with me. So, can they sue me if they've suffered no loss? I thought that this was whole principle in br
  10. Thanks DX, I will do but there is some interesting stuff out there, could I possibly run this past you; CCA s40 states "A regulated agreement is not enforceable against the debtor or hirer by a person acting in the course of a consumer credit business or a consumer hire business (as the case may be) if that person is not licensed to carry on a consumer credit business or a consumer hire business (as the case may be) of a description which covers the enforcement of the agreement." It therefore stands to reason that IF HPH2 have purchased my credit agreement, than they ought to be license
  11. Thanks Andy, Am I correct in understanding that CCA 127 (3) still governs an agreement taken out prior to April 2007 (mine was in the 1980s), and as such the claimant has to provide the actual signed agreement without which the court are unable to enforce?
  12. Thanks as always for the advice DX, The CPR31.14 and the CCA (complete with the £1 PO) were sent just over a week ago and have not received any response. The next step is the defence that I have been thinking about. First I will argue about the interest that they say is owed, It's not as this interest (iaw s69 of the County Court act) can only be awarded by the court and as we haven't been to court they cannot be owed this as stated on the POC. Second, the claimant will have to prove that they own this debt. As I have had no interaction with them nor made any paymen
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