hoist/Cohen claimform - old HSBC credit card 'debt'***Claim Dismissed with Costs***

[Big1978]

Yes Dx you're quite right!! Should've written stayed... (oops!)

[Big1978]

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).

[Guest]

the claimant has told the court that they are continuing atm. hence the above.

do the DQ, as you say. (small claims)

[dx100uk]

yes agree to mediation

the rest is obv

[Big1978]

Thanks so much guys

[Big1978]

.....and am I right in assuming that I have to send something to the claimants (Cohen & Robbing Gits )?

[martin2006]

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

[Big1978]

Thank you, I can't tell you how much I appreciate your continued support!! A donation will be made on payday!

[Big1978]

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

[AndyOrch]

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

[Big1978]

Well doh! So bleeding obvious!! I blame my baby brain...

[Big1978]

....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?

[Old Cogger]

no paperwork = no mediation so NO

[Big1978]

Thanks - thought so

[Big1978]

Just got the mediation notification email and I need to reply that I've not received the paperwork requested so Mediation is not appropriate for this reason. Is there recommended wording I use in the email?

[dx100uk]

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

have they asked the std questions on that form?

[Big1978]

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.

[dx100uk]

no 1 is most certainly no then

dx

[Big1978]

Thank you - so I just email them and tell them that I'm yet to get any paperwork requested (CPR & S78 etc)?

[dx100uk]

correct

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

[Big1978]

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

[AndyOrch]

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

 

Not necessarily...long way to go yet.

[Big1978]

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....

[martin2006]

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

[Big1978]

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?