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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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hoist/Cohen claimform - old HSBC credit card 'debt'***Claim Dismissed with Costs***


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  • 4 weeks later...
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An update:

 

Notice of Propsed Allocation to the Small Claims Track.

 

Important Notice

If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgment.

 

TAKE NOTICE THAT

 

1. This is now a defended claim.

 

The defendant has filed a defence.

 

2. It appears that this case is suitable for allocation tonthe small claims track.

 

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims directions Questionnaire (Form N180) and explain why.

3. You must by 5 December 2016 complete the Small Vlaims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

 

Please can someone help me on what I need to do? I know that I must agree to Mediation and then when they call and ask if I've received all paperwork say no because I've not had any correspondence from with Cohen or the DCA (apart from them saying that they will not comply with the s78 request).

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yes agree to mediation

the rest is obv

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Make 3 copies of the completed DQ (N180 for SCT)

Serve 1 to court

Serve 1 to Cohen's

Save 1 to your own file.

You can add a short covering letter along the lines of:

 

Please find enclosed by way of service, completed N180 Directions Questionnaire. A copy of which has also been served to the court/claimant.

 

Delete whichever is appropriate

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Hi guys... I'm just filling in the N180 and I know I have to send a copy to Cohens. I'm just concerned that they will now have my signature (granted it's my new married name etc) and my telephone number... I really cannot cope with getting telephone calls from them.... can I have some advice/reassurance. Many thanks :)

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Hi guys... I'm just filling in the N180 and I know I have to send a copy to Cohens. I'm just concerned that they will now have my signature (granted it's my new married name etc) and my telephone number... I really cannot cope with getting telephone calls from them.... can I have some advice/reassurance. Many thanks :)

 

Dont sign their copy.

 

Andy

We could do with some help from you.

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....sorry another thing... going through the EX730 (Mediation paperwork) and on the last page there are 2 statements:

 

For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other's positions. Can you agree to this? I've ticked yes.

 

I can confirm that I have enough information about the claim, to allow me to enter into negotions. I've not received any paperwork (s78 CPR etc) so do I need to tick no?

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  • 3 weeks later...

is the email not just saying we will ring or you need to ring?

have they asked the std questions on that form?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes it is. Yes they have.

 

Mediation Requirements

 

Please read the following statements:

 

For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?

 

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment

 

 

I can confirm that I can mediate on the date stated above.

(Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

 

Mediation is only available to you if you can answer YES to all 3 statements above. If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable).

 

I've not received any paperwork (apart from their copy of the N180) from them so mediation is not appropriate.

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no 1 is most certainly no then

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

correct

the claimant nor their solicitors have responded to my requests under CCA/CPR made DAte.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks will do. Looks like I'm heading to Court... 😞

 

Not necessarily...long way to go yet.

We could do with some help from you.

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  • 1 month later...

Got my court date through (17 March).

 

 

I'm assuming I need to get my portfolio of paperwork arranged (letters, signed for receipts etc).

 

 

I'm guessing they won't pay the fee until last minute.com (I'm assuming this from other threads I've read).

 

 

I know there's plenty of time until hearing but I want to get my ducks in a row...

 

The Judge reviewing the case has said it's suitable for mediation

- but it isn't (is it?) because they've never responded to any of my requests for paperwork....

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Correct in as much as mediation will fail with no paperwork but you always agree to it anyway, whether it would fail or not.

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Agreed.

 

 

But at every stage of this process regarding mediation todate I have posted up what has been asked and I can answer yes to everything apart from "have you received enough information from the claimant about the claim to enter into negotiations"

 

 

this has always been and always will be "no" - I'm in a catch-22

 

 

I need to enter into mediation but cannot answer their questions...

 

 

. Do I do the same again?

 

 

o I contact the mediation service and explain the situation again?

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