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

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Hi Andy/dx100uk

 

Is what I have posted ok to forward to the courts. Do I forward the copy to Hoist, Cohens or both? Because of the Stat Barred defence, I assume I dont forward any bundle to anyone

 

thanks again

 

SHB

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Well it does not relate to your defence...if you maintain its statute barred then your WS should reflect the same....default Notices etc are irrelevant.


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Andy, I have to return the WS by tomorrow. As a WS, is it ok or would you suggest I include the Termination Notice? Is the WS ok in its existing format and if so, I presume I wouldnt need to forward anything else

 

A lump sum was paid into the account by Santander in 2011 but they refused to provide a breakdown as to what the payment related to. My last payment was 2009.

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If your last payment was 2009 then thats " your " last involvement with the agreement...its irrelevant if anyone else payed into...I personally do not think a Witness Statement in response is required if the defence states its statute barred..its for the claimant to prove otherwise.

 

But if you wish to submit anything then just copy your defence statement and add the relevant header and intro and finish with a statement of truth... dated.


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Cheers Andy, just to clarify that if I forward the above to both the Court and a copy to Cohens then attend court on the due date. Should the statement be posted or uploaded via the MCOL website.

 

Finally, should I add anything to say that I havent received anything by way of WS from Cohens/Hoist

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Cheers Andy, just to clarify that if I forward the above to both the Court and a copy to Cohens then attend court on the due date. Should the statement be posted or uploaded via the MCOL website. No

 

Finally, should I add anything to say that I havent received anything by way of WS from Cohens/Hoist

Yes you could add that at the end that the claimant has failed to comply with the courts Directions dated xxxxxx and request that the court impose sanctions pursuant to CPR 3.4 (2c)

 

3.4 (2c) - Power to strike out a statement of case

 

(2) The court may strike out(GL) a statement of case if it appears to the court –

© that there has been a failure to comply with a rule, practice direction or court order."


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You can post them SHB to cohens and court, keep a copy for yourself


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Thanks for all your helps lads. I have typed it all up and they will be posted special delivery tomorrow. I have added a statement confirming that I still havent received the claimants witness statement. Will update you in due course and sincere thanks for your help

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Hi lads, just got back from my holidays yesterday and checked the Mcol site. There is no update to confirm receipt of my Witness Statement although my Recorded Delivery receipt has been signed for. Will ring the courts to confirm. Still nothing received from Cohens/Hoist

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MCOL is rubbish at updates past Defense submission - deadlines pass on no up date given on record, we need to reduce all court fees as they are obviously having too many T breaks or online chats and cannot seem to do their Scribe paid for job!


:mad2::-x:jaw::sad:

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Hi lads, just got back from my holidays yesterday and checked the Mcol site. There is no update to confirm receipt of my Witness Statement although my Recorded Delivery receipt has been signed for. Will ring the courts to confirm. Still nothing received from Cohens/Hoist

 

MCOL does not record any status after allocation...as its transferred to your local court......MCOL has finished


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Just spoke to court and they have advised that I email them to advise nothing been received from Cohens/Hoist within the set timescales. See what happens then

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I wouldn't...why tip them off they have forgot to comply with the courts directions......leave it and request the court impose sanctions.


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Hi Andy, the Court advised I email the court to confirm Hoists lack of compliance and see if the Judge strikes it out. I have emailed to confirm this and await the courts response. I wont be advising Hoist. Will update you in due course, thanks again SHB

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Ahhh I thought you meant ring the claimant:thumb:


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Hi Andy

 

Less than a week to go before the Court hearing and still nothing from Hoist. Do I just attend Court or can I request a strike out as I havent received anything

 

Cheers

 

SHB

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Just attend hopefully they dont intend to...given the lack of compliance with the courts directions...and request a strike out pursuant to CPR 3.4 (2c)

 

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.


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Just want to forward an update.

 

Just received 2 letters today,

one from my Local County Court and

one from Howard Cohen.

 

 

The first states that It is ordered that the Claim is "Struck out", the hearing listed is vacated.

It further states that

" Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within 7 days of service of the order.

 

The second letter I received from Howard Cohen states they have been instructed by their client to discontinue the Claim with the court.

They state they will notify the court that the claim has been discontinued.

They remind me that this does not mean that I am no longer liable for the debt and their clients may decide to take legal action in the future.

They have also attached a Notice of Discontinuance although this has the court down as Northampton Business Centre rather than my local CC

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:whoo:yes!!

another fleecer fallen on their sword...

 

dx


..

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:-) As expected...well done steve..thread title amended to reflect the outcome.

 

Regards

 

Andy


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Thanks lads for all your help, support and guidance. Its been a journey but couldnt have done it on my own. Thanks again and a donation will be en route :whoo:

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Great result SHB, another one bites the dust!


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

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A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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