HPH2/cohens claimform - old Cahoot 'Flexi-Loan' 'debt'***Claim Struck Out***

[dx100uk]

yes

[stevehatesbankers]

Thanks

[stevehatesbankers]

I have included the following on page 2 on my defence

 

1 The Claimant's claim was issued on XX/04/2016

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £XXXXX or any other sum, or relief of any kind is denied.

 

 

I have also indicated that I do not wish to make a counter claim

 

With regards the Claimants claim amount, is this the Total Claim amount including court fees and legal costs or is it just the POC amount?

 

Cheers

 

SHB

[AndyOrch]

Page 2 of your defence?

[dx100uk]

leave the paperwork alone

you don't need it

simply file the sb defence on the mcol website

 

 

total sum yes

[stevehatesbankers]

Page 2 of your defence?

 

Meant step 4 on the MCOL site

[stevehatesbankers]

Its now over a month since I received an acknowledgement of receipt of my defence.

 

Nothing updated on mcol site so far so

 

what is the next steps folks.

 

How long do Cohens/HPH2 have before they need to reply.

 

Thanks in advance

 

SHB

[AndyOrch]

33 days ...otherwise the claim is stayed..

[stevehatesbankers]

Just an update, I have received a " Notice of Proposed Allocation to the Fast Track " and Form N181 Directions Questionnaire form from the courts. Just checked the mcol website and there is no mention of them receiving anything from Hoist Portfolio.

[dx100uk]

There won't be anything there

Its a std form

Fill it out

Yes to mediation

Copy to claimants sols

[stevehatesbankers]

Cheers dx100uk, will get it filled in. Does the 33 days for them to reply include weekends? If so, do I request to stay?

 

When filling in the N181 form, do I complete all parts and do I request a local court near me?

[dx100uk]

cal days

no you cant its autostayed

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?444066-Hoist-claimform-santander-Credit-Card-debt-fast-track-Allocation

[AndyOrch]

The 33 days is not applicable if your completing a Directions Questionnaire....your now onto allocation to track.

 

N181 completion....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439308-Redwood-harwoods-school-fees.-Claimforn-received/page4

[stevehatesbankers]

Cheers again dx100uk, can this form be completed online as I have heard stories of companies copying your signatures on docs

[AndyOrch]

Cheers again dx100uk, can this form be completed online as I have heard stories of companies copying your signatures on docs

 

No...simply do not sign the claimants copy

[stevehatesbankers]

Hi Andy

 

I have filled in the N181 using your guidance from Redwood/Harwoods

 

 

but before I send it,

I just have a couple of questions,

 

 

for D4 (draft directions)

do I request a strike out on the grounds of being Stat Barred

and their failure to provide a True Copy of the Alleged Agreement and T&Cs

despite repeated requests by myself,

or is there a site with guidance on what to put for draft directions

[AndyOrch]

No..draft directions are not used for requesting an action (draft order)......it sets the timetable of how both parties will prepare for trial.

 

Example of N181 Draft Directions

 

[stevehatesbankers]

Hi Andy, with regards Draft Directions, would you suggest I only put the case to be the Fast Track route and to be heard at my local court or would you suggest anything else. Should I contact Cohens or Hoist and request a copy of their Draft Directions?

[AndyOrch]

Hi Andy, with regards Draft Directions, would you suggest I only put the case to be the Fast Track route and to be heard at my local court Yes or would you suggest anything else. No it has to be FT and Local County Court Should I contact Cohens or Hoist and request a copy of their Draft Directions?

Yes

 

Draft Directions in Fast Track should be exchanged and agreed between parties before submitting to court

 

 

Andy

[stevehatesbankers]

Hi Andy, as yet, I haven't contacted Hoist or Cohens, should I contact them prior to submitting N181. I presume I need to also send them a copy of the N181 prior to submission to court The info has to be returned to court by the end of July. I have checked my credit file and noticed they have immediately added the court costs to the outstanding balance

[AndyOrch]

Try to wait until the death...as the claimants should in reality lead and set the directions..and yes directions are agreed and set before completion and submission of the DQ.

 

Let them add the costs...they are being rather presumptuous...but it makes their books look healthy:wink:

[stevehatesbankers]

Thanks again Andy, will post the the N181 today to them

[AndyOrch]

Thanks again Andy, will post the the N181 today to them

 

You cant...not until directions are agreed.

[stevehatesbankers]

I was meaning to post a copy to Hoist and Cohens or am I missing something. I have completed the form as directed apart from D4 where I was going to put Fast Track and my Local County Court. Is this correct or am I confusing the issue

[AndyOrch]

You firstly agree directions...if the claimant does not propose first or wish to agree them with you..then just submit yours with the DQ....and send them a copy (complete with directions)

 

Yes it is Fast Track and yes your local county court.