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r710

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About r710

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  1. Evening, Just wanted to update that today we received a letter from Howard Cohen stating that their client has instructed them to "discontinue the claim". A copy of the Notice of discontinuance is enclosed. I am so relieved and so grateful for your help. I will be making a donation to the site when I am paid tomorrow. I don't doubt that I will need to return in future for more advice but I understand that any further claims that come up may soon be statute barred as my husband ceased trading in early May 2011 and no payments were made, nor acknowledgements made, after this ti
  2. Hi, letter from local Court stated claimant must pay £335 by 4pm on 24th April or claim will be struck out. It goes on to say there will be no further correspondence from the court regarding payment of the fee or warnings as to the consequences of non-payment. My husband called the court today, 25th, and he was told the fee hadn't been paid but they would write to the claimant today and give them 7 more days to pay it. It would seem, rather positively, that if the claimant has not paid yet, there is likely to be a reason (ie. as you have said before that this is ju
  3. Great, thank you. So very grateful for your help. I don't feel so alone with this. r710
  4. Thanks dx100uk, Thank you for clarifying that. That makes sense now. Trial is listed for 5th May. Directions are to return no later than 14 days before, so was thinking I would post special delivery this Thurs to arrive on Fri. This is the last day as I understand to comply with directions given to us. It won't surprise you that we have not received a the documents Cohen rely on yet. As far as "exhibits", is it correct that I only list the CPR request and then the witness statement? I can't think of anything else we have, unless we are expected to include post office rece
  5. Good evening. I've looked around and tweaked an example OD witness statement that I thought best met our circumstances. Can someone please advise on the below? Paragraph 6 is very relevant in part but the example states that the CPR 31.14 does apply because in that example, the claim was trackless. Does that mean it doesn't apply if it's been allocated to small claims track? I am aware this may need removing or rewording but just want to check my understanding. WITNESS STATEMANT OF XXXXXXXXXX I.XXXXXXXXX the defendant in this claim make the following statement
  6. Thank you. So I will just go ahead with complying with our directions and see firstly if they pay the fee, and secondly, if they comply with the directions - although I have read that the claimant often submits the late, having had then the opportunity to read the defendant's witness statement and documents. Clearly it's case of one step at a time. I'll have my witness statement sorted by tomorrow eve. Regards, r710
  7. Hello, we finally heard that the claim was allocated to Small Claims track and were contacted by our local court, citing a hearing on 5th May. The Notice of Allocation document states we must send to the Court and the claimant a witness statement and copies of all documents which we rely on no less than fourteen days before the hearing. Does this mean to include the day of the hearing? So would this be by Fri 21st April? I now need to get on with the witness statement sharpish, and will post on here for your advice. This rests almost solely on the fact that they have not
  8. Thanks Andy. Just a quick question. Do I have to send Howard Cohen a copy (unsigned) of the DQ at this stage? The Order for stay from the Court does not specifically state this.
  9. Hi, we received a "Standard Order for stay for settlement with consent of all parties" form. This confirmed that on or before 14th Feb that one of the following has to happen: Either the claimant must notify the court that the whole of the claim has been settled Or the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement .. This letter should confirm the agreement of all other parties. Or All parties must file a completed DQ at the court. .... We haven't
  10. Thank you, trying to keep my anxiety in check and your words are reassuring. I'll update when I hear from the court directly. r710
  11. Hi, we have received a copy of the Claimants DQ which has been filed to the Court (double checked on MCOL). It came with a covering note stating that the claimant will consider any reasonable proposals to discharge the sums claimed.. They have requested a stay of one month. MCOL shows that an Order was made on 26/1/17 for "stay of settlement". They agree it should be allocated to the Small Claims track as it "relates to straightforward Consumer Credit matter and there are no points of law to address in respect of the defence filed". Their draft directions:
  12. Thanks, can get this off now. Much appreciated.
  13. Evening. Can I please just check it is right to send the claimant copy to Howard Cohen and not the actual Claimant, Hoist? It is Howard Cohen that is listed on the original claim as the "address for sending documents". Don't want to make a silly mistake at this point. I have checked through other posts and these just seem to refer to a "Claimant" copy I would be grateful for clarification. Thank you, r710
  14. Thanks Andy. Yes, found your good advice elsewhere! Would not have known what on earth I was doing otherwise. Donation has been made to this site. Away with work for a couple of days but will get this posted off at the end of the week. One copy to Court and one (unsigned copy to Howard Cohen), one copy for us. Will update you and return for further advice as it progresses. Many thanks. r710
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