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

[stevehatesbankers]

Apologies if I am appearing thick Andy lol,

 

 

to agree directions, am I right in thinking that I forward the N181 form to them including comments on D4 as mentioned.

 

 

If so, once I have forwarded the N181, do you suggest I then ring Cohens or Hoist for their draft directions

or are they supposed to forward this info to me before forms have to be submitted to the court.

 

 

I havent heard anything from them and there are no entries on the Mcol site stating they have received anything from Cohens

[AndyOrch]

No...the N181 does not go to the court or the claimant until the Directions are agreed and attached to the DQ.

 

They should contact you re the directions..they are the claimant its their responsibility..if they don't then just use the directions I have uploaded..state on the DQ that the claimant failed to approach or agree the Directions.

[stevehatesbankers]

Great stuff. Basically just wait for them to make their move. If I hear nothing then send the N181 back to the court and a copy to them

[AndyOrch]

Great stuff. Basically just wait for them to make their move. If I hear nothing then send the N181 back to the court and a copy to them

 

Yes with the Directions I have already uploaded..(previous page)

[stevehatesbankers]

Andy, in the meantime would you suggest I send Hoist and a CPR 31.14 requesting all info or just wait for their move, thanks in advance

[AndyOrch]

Its a bit late in the day to be considering CPR 31.14..the claim was issued 12th May.

[stevehatesbankers]

Just an update,

 

 

nothing been received from Hoist or Cohens and DQ have to be returned by next week.

 

 

Are the Draft Directions attached to the DQ or can they be written into the D4 box.

My draft directions are to be:

 

Fast Track

Local Court

Claimant failed to approach re directions

 

Is this ok and good to go or are there anything else I need to include

 

Cheers

SHB

[AndyOrch]

Just an update,

 

 

nothing been received from Hoist or Cohens and DQ have to be returned by next week.

 

 

Are the Draft Directions attached to the DQ or can they be written into the D4 box. Attached and in D4 write see attached Directions

My draft directions are to be:

 

Fast Track

Local Court

Claimant failed to approach re directions

 

Is this ok and good to go or are there anything else I need to include

 

Are there any documents you requested disclosure and they have failed to comply?

 

Cheers

SHB

 

Andy

[stevehatesbankers]

Previously they have forwarded a 2 page application however, this appears to have been doctored as hand written reference numbers differ on both copies. T&Cs sent relate to 2006 and 2009

[stevehatesbankers]

Hi Andy, is there a specialist form I need to attach for the Draft Directions and do you think I need to add anything extra as I am going to send the docs today

 

Thanks in advance

 

SHB

[AndyOrch]

No its a just written on A4 as per my upload.

 

As per your intended directions..please confirm you are going to expand on the following ?

 

" My draft directions are to be:

 

Fast Track

Local Court

Claimant failed to approach re directions "

 

I have already uploaded you an example.

[stevehatesbankers]

Your help and support is much appreciated Andy, thanks

[stevehatesbankers]

Draft Directions typed up as follows:-

 

1 The Claim to be allocated to Fast Track

2 The case to be heard at my local court

3 The Claimant has failed to approach or agree directions.

[AndyOrch]

Amendments in red

[stevehatesbankers]

All done. I will forward an unsigned DQ to Hoist and do I post the original back to the courts or can it be uploaded

[AndyOrch]

Posted....although the facility to submit on line is in the pipeline I understand

[stevehatesbankers]

Hi Andy, hopefully final question for now, does a copy of the DQ go to Hoist, Cohens or both, cheers

[AndyOrch]

To the Solicitor...or who ever is named on the claim form for receiving documents in connection.

[stevehatesbankers]

Just an update

, Mcol website confirms receipt of my DQ and the final day for submissions has now passed.

Still nothing received from Hoist/Cohens and nothing on website.

 

I presume they are also supposed to make submissions

, if so, what happens if this has now passed?

Do the courts allow late submissions?

Will the case be stayed?

Do they have to pay extra fees or are they allowed to effectively do what they want

 

Cheers

 

SHB

[martin2006]

In SCT the courts do sadly allow late submissions, but as this is FT hope they dont. Worth speaking to the court asap to find out and maybe apply to strike out claim. Andy will of course know exactly what to do.

[stevehatesbankers]

Thanks martin2006,

 

Andy, would you suggest I contact the courts as per martins post

 

cheers

 

SHB

[AndyOrch]

Check with the court see if they have submitted it..if not suggest they issue an " or else " order.

[stevehatesbankers]

Spoke to the courts who confirmed that they hadn't received anything although Claimants still had a couple of days as they were still checking post from 21st July.

 

I have however, received a copy of a DQ and covering letter from Cohens.

Letter states " we can confirm that a copy of the same has been filed at the court.

 

We confirm that in an effort to mininise our costs, our client will consider any reasonable proposals to discharge the debt claimed in these proceedings "

 

The letter would arrive at courts after required date so it looks like it has been sent as a response to my DQ sent to them. Their directions are tick box answers only

[AndyOrch]

Well you will just have to wait and see...if you receive a Notice of Allocation then they have filled and proceeding..this notice will contain the dates and times and further directions on how to proceed for trial.

[stevehatesbankers]

Just an update on this, just received a letter confirming that the case is allocated to small claims track at my local court and scheduled for October. It confirms that all docs to be relied upon be submitted no later 14 days prior and a hearing fee of £355 is payable (disgraceful).

 

Any guidance as to the next steps would be much appreciated

 

Cheers

 

SHB