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

[AndyOrch]

Read other threads at the same stage (allocation) and familiarise yourself with standard disclosure and preparing a witness statement.

 

" a hearing fee of £355 is payable (disgraceful). " I would make it a standard £500...would stop all these speculative claims.

[stevehatesbankers]

Hi Andy, out of interest, the letter states Claimant to pay the fees. Do I also have to pay such fees as I cant see anything on the court papers. Will familiarise myself with disclosures in due course

[martin2006]

No its for the claimant to pay, not you

[stevehatesbankers]

Hi folks,

I need to try and move this on as I am off on holiday next weekend so need to forward directions asap.

 

 

I appear to be going around in circles.

I am trying to find what I need to do but hitting a brick wall.

 

 

I am trying to find the Standard disclosures I need to forward to the court and Hoist

some of the links are stating poster has been banned and subsequent posts removed

or I receive a message stating you do not have permission to access this page.

Any assistance will be appreciated.

 

Also, I have on many occasions requested T&Cs, a copy of the alleged agreement etc

yet they and others have failed to provide a true copy.

 

 

Do I include all this in a bundle together with their respective replies

[AndyOrch]

Example of Draft Directions in post#42...standard disclosure is done using form N265 and you list your disclosures...CPR/CCA/Responses etc and anything else you have referred to or wish to rely on as aevicence within your witness statement or defence.

[stevehatesbankers]

Thanks Andy,

 

 

copy my draft directions onto the N265 form.

 

 

As I am using the Stat Barred defence,

should I also include previous requests for T&Cs and Copy of Alleged Agreement and should I also highlight the fact that Abbey sent 3 different sets of T&Cs all dated after the alleged Agreement date

[AndyOrch]

Thanks Andy,

 

 

copy my draft directions onto the N265 form. No copy your disclosure list onto the N265 your draft directions are attached to the DQ

 

 

As I am using the Stat Barred defence,

should I also include previous requests for T&Cs and Copy of Alleged Agreement and should I also highlight the fact that Abbey sent 3 different sets of T&Cs all dated after the alleged Agreement date

 

Thats irrelevant if its statute barred...for them to prove its not

 

[stevehatesbankers]

Hi Andy,

 

I am trying to prepare for the hearing however need a bit of guidance if possible.

 

 

In the letter from the courts, they state copies of all docs should be sent to both the court and Hoist.

I presume a copy of every letter I have sent to Hoist, previous DCAs and Santandar should be sent?

 

Both parties must provide a witness statement.

These should be typed and signed by the witness (will the signature not given Hoist the opportunity to forge it?)

 

 

They state the statement should be typed but there is no mention of form N265 nor have I received one.

 

 

Do I request this from the court or do I just type out a witness statement stating Repeated requests for a True Copy of the Agreement, T&Cs were made and a bad copy of an non compliant application form together with 3 sets of T&Cs,

all different with differing dates on and the dates being after the date of the alleged agreement.

I further confirm that the alleged agreement is now statute barred.

 

Do I type a Standard disclosures letter the same as I did for the draft directions?

 

 

Also, would you anticipate Hoist/Cohen will only reply in response to disclosures

or should they be forwarding their disclosures first as they did with my draft directions

 

Apologies for the questions but I just want to get this done correctly

 

Thanks again SHB

[stevehatesbankers]

PS. Should I also enclose a copy of the alleged agreement that they sent me that was stamped by Santandar even though they didnt own Cahoot at the time of the alleged agreement

[dx100uk]

as andy has already mentioned.....

 

 

cant see how any document supplied or not or ask for or not..are of any relevance [to your SB defence].....?

 

 

they have supplied nothing that confirms or denies the SB status

[stevehatesbankers]

Evening dx100uk, they (Hoist/Cohen) have sent me nothing. I sent my draft directions to the courts and to them. Cohens submitted a directions questionnaire late however, on their letter they state "that to minimise their costs, their client will consider any reasonable proposals to discharge the debt claimed in these proceedings"

[dx100uk]

ok well let andy comment then...

but its SB'd end of no compromise

[AndyOrch]

Take read of the last 2 posts on the following thread steve...similar predicament

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?463078-Lowell-claimform-old-jdw-cat-debt/page2

 

Andy

[stevehatesbankers]

Hi Andy and dx100uk, many thanks as usual for your continued guidance

 

 

however, I am at a loss at the minute.

 

 

I just want to recap as panic is kicking in due to the time constraints.

 

 

As mentioned the court date is mid October,

however, I am away on holiday monday morning

so whatever docs I need to send/take to court will have to be done by tomorrow

(I need to visit a terminally ill relative first thing in the morning and wont be able to get to the courts until 1.00 oclock at the earliest and family member lives 2 and 1/2 hours away.

 

 

The courts have sent me only a Notice of Allocation to a Small Claims Track (Hearing) form and nothing else although I know an N245 form has been mentioned on here.

 

 

They havent advised me what form to fill in other than provide a Witness Statement (typed).

 

 

While reading your last post Andy,

are you meaning this one and if so, do I type up (please see below) and add or amend accordingly.

 

 

If that is the case,

Do I then forward copies of all docs I intend using as my defence as well as including in my statement that the agreement is stat barred.

 

 

Do I further include that as yet, Cohen have provided me (after specified date) with their Claimants Direction Questionnaire but no Witness Statement, No True copy of the Credit Agreement or correct T & Cs. Also I include the Statute Barred Statement

 

Defence

.

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

.

1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

.

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

On the DDicon/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

.

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

4.As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

.

6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Also, I have been able to find a copy of a witness stating relating to a stat barred case

[dx100uk]

cant be looking very far

don't forget to use our search cag box of the red top toolbar

 

 

I used

claimform withness statement statute barred

and found

http://www.consumeractiongroup.co.uk/forum/showthread.php?466943-Lowell-mobile-debt-claimform-statute-barred-now-allocation-to-small-claims-help!

 

 

2 down

[stevehatesbankers]

Hi Andy/dx100uk, I have drafted up the following witness statement, again any guidance is appreciated. Should I attach it here or PM you 2

 

Thanks

 

SHB

[martin2006]

Scan and upload a redacted copy please for Andy to approve.

[stevehatesbankers]

Cheers Martin, here is my draft Witness statement for your perusal

 

Thanks in advance

 

In the XXXXXXXXX county court Claim no. XXXXXXXX

 

Between :

 

Hoist

Claimant

 

And

 

SHB

 

Defendant

 

Witness Statement of SHB in response to the Claimants application for Summary Judgment CPR 24

 

I, SHB of (insert address) WILL STATE AS FOLLOWS:

 

1. I am the defendant in this case and state the following in support of my defence dated xxxxxxx in response to a claim made by the claimant dated xx XX 2016 and in objection to the claimants application for Summary Judgment dated xxxxxx.

 

2. The Claim is for the sum of £XXXX in respect of monies owing pursuant to The Consumer Credit Act 1974 under the account of XXXXXX XXXXXXXX

 

3. My Defence

 

The Claimant's claim was issued on (xx XX 2016) stating I, the defendant owes them the sum of xxxxx. The Claimants claim to be entitled to the said payment of xxxx is denied with regards to the defendant owing the said monies to the Claimant. The Claimant has failed to provide any evidence of a true, compliant copy of the agreement and failed to provide copies of the appropriate Terms & Conditions, although three different sets of Terms & Conditions have been received all of which post date the agreement despite several requests over a number of years

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

.

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

.

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

7. I, the Defendant contends that the Claimant's claim is so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation action 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.

 

It is my contention statute - s5 limitation act states..

 

'An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued'.

 

 

The cause (accrued) from the last payment missed/due date is in excess of 6 years.

In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed pursuant to CPR 24 PD 5.1 (2 or 3)

 

I believe the facts stated in this Witness Statement are true

 

 

signature xxxxxxxx

 

Dated.xxxxxxx

[dx100uk]

that's not a WS, that's your defence

 

 

try post 102 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?370562-Drydensfairfax-taking-me-to-court-on-behalf-of-honours-student-loans/page2

[stevehatesbankers]

Here goes

 

In the XXX county court

 

Between :

 

Hoist

And

SHB

 

Witness Statement of SHB in response to the Claimants application for Summary Judgment CPR 24

 

I SHB of Xxxxxxxxxxxxxxx WILL STATE AS FOLLOWS:

 

1.I am the defendant in this case and state the following in support of my defence dated XX XXX 2016 in response to a claim made by the claimant dated 15 XXX 2016 and in objection to the claimants application for Summary Judgment dated 15 XXX 2016.

 

2.The claimants particulars

 

The Claimant's (Hoist Ltd) claim is for the sum of £XXXX in respect of monies owing pursuant to The Consumer Credit Act 1974 under account number XXXXX XXXXXXX

The debt was legally assigned by Santandar UK PLC to the Claimant and the Notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87 (1) CCA

 

The Claimant claims

1. The sum of £XXXX

2. Interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00 per cent from XX/XX/XX to the date hereof 14 days is the sum of £XX

3. Daily interest at the rate of £XXX

4. Costs

 

My defence

 

The Claimant's claim was issued on XX XX 201.

 

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 act 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.

 

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

 

The Claimant contends and confirmed in writing that that the default notice was issued although has not clarified the date on the Claim Form.

 

Originally administered by Cahoot and latterly by Santandar, I was sent, in the same envelop, letters from Santandar and Hoist Ltd, both dated xx xx xxxx notifying me that the Notice of Assignment had taken place on xx xx xxxx however this contradicts a previous Santandar Summary Transaction statement dated 2 months stating the debt transfer had taken place then. As such, it is denied that I was correctly served a Notice of Assignment from Santandar

 

Furthermore, despite several attempts requesting a true compliant copy of the credit agreement and applicable Terms and Conditions, I was sent a non compliant copy of the alleged agreement with the Santandar stamp on it even though Santandar didn’t purchase Cahoot/Abbey National several years later. They also sent 3 different sets of Terms and Conditions all post dated after the date of the alleged agreement.

 

In view of the above circumstances, the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed .

 

I believe the facts stated in this Witness Statement are true

 

 

signature

[martin2006]

All of the documents you refer to should be noted as exhibit a, exhibit b, exhibit c etc

 

Still looks more like a defence than a witness statement

 

Search in the cag search bar for witness statement cahoot

[dx100uk]

and i thought we'd now concluded it was now SB'd??

[stevehatesbankers]

Evening lads, I have to have this finalised tomorrow. As previous post, had to visit a terminally ill yesterday but sadly he passed away while I was with him so have been unable to post anything for a couple of days. Would the following be suffice or do I need to add or remove anything

Thanks again

SHB

 

In the XXX county courticon

 

Between :

 

Hoist

And

SHB

 

Witness Statement of SHB in response to the Claimants application for Summary Judgment CPR 24

 

I SHB of Xxxxxxxxxxxxxxx WILL STATE AS FOLLOWS:

 

1.I am the defendant in this case and state the following in support of my defence dated XX XXX 2016 in response to a claim made by the claimant dated 15 XXX 2016 and in objection to the claimants application for Summary Judgment dated 15 XXX 2016.

 

2.The claimants particulars

 

The Claimant's (Hoist Ltd) claim is for the sum of £XXXX in respect of monies owing pursuant to The Consumer Credit Act 1974 under account number XXXXX XXXXXXX

The debt was legally assigned by Santandar UK PLC to the Claimant and the Notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87 (1) CCA

 

The Claimant claims

1. The sum of £XXXX

2. Interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00 per cent from XX/XX/XX to the date hereof 14 days is the sum of £XX

3. Daily interest at the rate of £XXX

4. Costs

 

My defence

 

The Claimant's claim was issued on XX XX 201.

 

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.

 

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

 

The Claimant contends and confirmed in writing that that the default notice was issued although has not clarified the date on the Claim Form.

 

Originally administered by Cahoot and latterly by Santandar, I was sent, in the same envelop, letters from Santandar and Hoist Ltd, both dated xx xx xxxx notifying me that the Notice of Assignment had taken place on xx xx xxxx however this contradicts a previous Santandar Summary Transaction statement dated 2 months stating the debt transfer had taken place then. As such, it is denied that I was correctly served a Notice of Assignment from Santandar

 

In view of the above circumstances, the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed.

 

I believe the facts stated in this Witness Statement are true

 

 

signature

[AndyOrch]

Evening lads, I have to have this finalised tomorrow. As previous post, had to visit a terminally ill yesterday but sadly he passed away while I was with him so have been unable to post anything for a couple of days. Would the following be suffice or do I need to add or remove anything

Thanks again

SHB

 

In the XXX county courticon

 

Between :

 

Hoist

And

SHB

 

Witness Statement of SHB in response to the Claimants application for Summary Judgment CPR 24

 

I SHB of Xxxxxxxxxxxxxxx WILL STATE AS FOLLOWS:

 

1.I am the defendant in this case and state the following in support of my defence dated XX XXX 2016 in response to a claim made by the claimant dated 15 XXX 2016 and in objection to the claimants application for Summary Judgment dated 15 XXX 2016.

 

 

 

The Claimant contends and confirmed in writing that that the default notice was issued although has not clarified the date on the Claim Form.

 

Originally administered by Cahoot and latterly by Santandar, I was sent, in the same envelop, letters from Santandar and Hoist Ltd, both dated xx xx xxxx notifying me that the Notice of Assignment had taken place on xx xx xxxx however this contradicts a previous Santandar Summary Transaction statement dated 2 months stating the debt transfer had taken place then. As such, it is denied that I was correctly served a Notice of Assignment from Santandar

 

In view of the above circumstances, the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed.

 

I believe the facts stated in this Witness Statement are true

 

 

signature

 

So once you remove the claimants particulars and your defence which is not required to be recopied......you are left with the above .

 

Andy

[dx100uk]

spelling Santander