Hoist/? Claimform 2008 abbey credit card 'debt'

[Feelingdownandout]

cannot tell depends if they are serious?

 

 

Serious?

 

 

They have taken it seriously enough to issue a claim... would there be a reason if at this stage it wouldn't be taken seriously? I don know much about Cohen's or how vicious at seeing things through to the end they are?

 

 

Stuff like this affects peoples life, I find this all very nerve racking, it has a profound effect on me.

[Old Cogger]

Serious?

 

 

They have taken it seriously enough to issue a claim... would there be a reason if at this stage it wouldn't be taken seriously? I don know much about Cohen's or how vicious at seeing things through to the end they are?

 

 

Stuff like this affects peoples life, I find this all very nerve racking, it has a profound effect on me.

 

we have been in the same situation,

they can issue claims, in the hope they get a CCJ against you if you do not defend the claim,

i.e. you check to see if the have an enforceable CCA1974, which most cases not at this point also request CPR 31 for documents quoted on form N1 (Blue copy from court)

then you will know if they have the necessary document to proceed,

 

 

in some cases the case gets stayed during the course of procedure after 28 days if they do not produce the CPR requested information,

but as far as the CCA1974 request to them with a £1.00 fee they then will have 14 days to supply the request,

if not no action can proceed further until complied with,

 

 

in some cases yours as well I hope this will be the case, there will be plenty of help/advice on here, contact Andy for advice?

[Old Cogger]

Have request Andy to look in for you!

[dx100uk]

there is no harm in sending the CCA/CPR

 

but SB defence is an absolute one

without the ref to either.

 

as for stressing out etc etc.

 

they don't care

and they don't know.

 

that's the idea of everything a DCa is about

 

threats and intimidation to make people cough up.

 

same with most of the claimforms too

as mike indicated

 

speculative claims hoping for a non contested judgement as people are 'so frightened' by their letters

 

dx

[Feelingdownandout]

we have been in the same situation,

they can issue claims, in the hope they get a CCJ against you if you do not defend the claim,

i.e. you check to see if the have an enforceable CCA1974, which most cases not at this point also request CPR 31 for documents quoted on form N1 (Blue copy from court)

then you will know if they have the necessary document to proceed,

 

in some cases the case gets stayed during the course of procedure after 28 days if they do not produce the CPR requested information,

but as far as the CCA1974 request to them with a £1.00 fee they then will have 14 days to supply the request,

if not no action can proceed further until complied with,

 

in some cases yours as well I hope this will be the case, there will be plenty of help/advice on here, contact Andy for advice?

 

Thank you - I'm off work today as too poorly to go in, so I am off to turn on the printer and go to the library tab then off to Post Office. x

 

there is no harm in sending the CCA/CPR

 

but SB defence is an absolute one

without the ref to either.

 

as for stressing out etc etc.

 

they don't care

and they don't know.

 

that's the idea of everything a DCa is about

 

threats and intimidation to make people cough up.

 

same with most of the claimforms too

as mike indicated

 

speculative claims hoping for a non contested judgement as people are 'so frightened' by their letters.

 

dx

 

And I expect in the majority of cases they will too but scarring people into paying up,

I am going to try and keep upright about this, my hubby not coping well.

 

So with the help of some great people on this forum, I am going to try and be calm and remain hopeful.

[Old Cogger]

Thank you - I'm off work today as too poorly to go in, so I am off to turn on the printer and go to the library tab then off to Post Office. x

 

Good for you, hope you feel better soon - chin up. upwards & forwards!

 

Thank you - I'm off work today as too poorly to go in, so I am off to turn on the printer and go to the library tab then off to Post Office. x

 

Send Recorded Delivery, and keep copies of everything by date order?

[Feelingdownandout]

lol - an angry face has appeared in my post title!!! - please can someone help me to take it off

 

Send Recorded Delivery, and keep copies of everything by date order?

 

will do, I may not get to the Post office today as I have a very poorly tummy ;-) but hubby has day off tomorrow, I will prepare letters and he will do the necessary

[Old Cogger]

will do, I may not get to the Post office today as I have a very poorly tummy ;-) but hubby has day off tomorrow, I will prepare letters and he will do the necessary

 

 

 

Good

[filrobbo]

You can report Robinson Way to FOS for harassment.

[Feelingdownandout]

all has been quiet today on the western front. no calls or texts, but wonder why that is?....

[caro]

all has been quiet today on the western front. no calls or texts, but wonder why that is?....

 

Don't knock it!! lol

[Feelingdownandout]

Don't knock it!! lol

 

I never knock the phone not ringing.I just constantly live on my nerves....

[Feelingdownandout]

Does anyone know how long it will take before I hear anything from Hoist? I know its only been a week (taking into account the Bank hol).

[Feelingdownandout]

hello

 

Just checking in as still not heard since we filed our defence.

 

 

Does it normally take this long? Can someone tell me what the process is once a defence served.

 

 

I have tried to check the MCOL website tonight but it is down!

 

Thank you in advance

[dx100uk]

post 252

 

 

I would expect by now the claim is stayed

 

 

next move is the claimants

 

 

if they want to ever do anything or leave it stayed

 

 

dx

[Feelingdownandout]

thanks DX, if it remains 'stayed' (if in fact that is where it is at currently) at what point - IF ANY, does this GO AWAY?

[Feelingdownandout]

send what back?

 

you are dealing with the court now

not some fleecing DCA that thinks they can walk all over creditors

 

just to be clear

 

you file this on the MCOL website

 

NOTHING ELSE TO ANYONE IN ANY OTHER WAY OR METHOD.

 

it will be the claimant decision then to go with the claim or run away.

 

 

a) how long does it take before I get an answer to the defence?- they must reply in 28 days else claim is stayed

.

b) can I defend again or it is one attempt only? - there are several stages

 

c) after the decision has been made as to what the outcome is will we get a chance to pay it off and my hubby wont get a ccj?

- if you lose which I very much doubt, there is a windows of 28 days from judgement to filing yes.

 

but you wont lose

I would suspect they will send you silly letters claiming it not SB's etc etc.

 

they will try and wear you down. don't give

 

don't ever do ANYTHING Without checking here FIRST

 

dx

 

Please can I confirm if the 28 days to respond includes w/e and bank hols?thanks in advance

[dx100uk]

cal days

 

 

let it run

do not do anything

 

 

dx

[Feelingdownandout]

cal days

 

 

let it run

do not do anything

 

 

dx

 

thanks DX - does the clock start ticking the date the defence is entered or the day after? and it is 28 +5 days?Thanks in Advance

[dx100uk]

makes no odds...a day or two.

 

 

dx

[Feelingdownandout]

UPDATE

 

Had a letter from Cohens at the weekend - in short

 

Re: Your defence

- our client is prepared to accept any reasonable offer,

the letter said that it enclosed NOA (whicvh was missing!!),

statement of account,

and recon T&C's as well as an I&E form

 

Said that if no reply within 14 days will seek instructions from client (Hoist)

- funnily enough it has the £10 on there for the SAR request and the balance has gone up £100!!

 

Any guidance on this be gratefully appreciated.

 

I am pretty sure that his is SB now?

Edited October 13, 2015 by Feelingdownandout
addition of info

[dx100uk]

will waving ignore them

 

unless/until they pay to ustay the claim

and the COURT write with a date

 

you ignore them.

 

the SB clock stalled the day they issued the claimform

 

it does not resume ticking until/unless

the claim is struckout or discontinued.

 

dx

[shamrocker]

"I am pretty sure that his is SB now?"

 

How have you come to that conclusion feelingdownandout?

[Feelingdownandout]

"I am pretty sure that his is SB now?"

 

How have you come to that conclusion feelingdownandout?

 

more than 6 years without any 'activity on the account'

[shamrocker]

more than 6 years without any 'activity on the account'

 

What dates are you using for your calculations?