HPH2/Cohen claimform - old Abbey OD from 1992

[dx100uk]

small claims since 2013 has had a 10k limit

[RMS]

Well, the defence is in. So now we wait and see what happens.

 

As soon as there is some news/development, I will come back and post it, as promised.

[RMS]

I had the letter from the court acknowledging my defence and that it will be submitted to Cohen/Hoist.

 

 

I sent the wrong CPR form off originally, but no reply to that.

 

 

I realised a few days after and sent the right one for overdrafts, so I'll know by the end of the week, whether they're going to respond or not.

 

I imagine they are quite surprised that someone who has never been in contact with anyone for the best part of six years, suddenly crawls out of the woodwork and starts replying to all the court stages and sending them requests.

[dx100uk]

I see you've read numerous threads on like issues.

 

 

thus you need to be aware they don't 'have' to reply to your CPR request.

[RMS]

Yes, I realise they don't have to reply and it does look like they're not going to. It's well over due for both requests by now.

 

When does the claimant's 28 days finish, to proceed to court after my defence? Is it from the date of the letter I have from the courts .acknowledging my defence and it being served on the claimant.

 

Is there anything online or is it just a case of waiting for a letter from the courts?

[AndyOrch]

Yes, I realise they don't have to reply and it does look like they're not going to. It's well over due for both requests by now.

 

When does the claimant's 28 days finish, to proceed to court after my defence? Is it from the date of the letter I have from the courts .acknowledging my defence and it being served on the claimant. Yes

 

Is there anything online or is it just a case of waiting for a letter from the courts?

No MCOL has now ended

 

Regards

 

Andy

 

[RMS]

The defence date was three weeks ago, when does the 28 days start from, is it 5+28 again? If nothing happens, what and when would I need to be doing something, like contacting the court?

[dx100uk]

the claim will prob become 'stayed'

 

so the next move is the claimants - should they wish to proceed:madgrin:

 

 

dx

[Ganymede]

The defence date was three weeks ago, when does the 28 days start from, is it 5+28 again?

 

It's not that rigid a timeline unfortunately.

[RMS]

Okay, it's 28 days since my defence and nothing heard. I gather it's a few more days and then some time for the court to catch up with any backlog.

 

When should I be contacting the court to see the status of the claim? What is the actual status of a stayed claim, is it just in limbo land, half asleep, that the other party can restart again, when ever the mood takes them?

 

How do I go about getting it put to bed, killed off once and for all?

[dx100uk]

as post 33

 

 

theres nowt more you can do.

 

 

dx

[RMS]

as post 33

 

 

theres nowt more you can do.

 

 

dx

 

It can't just sit there for an eternity. The claimant must have to take some action within a certain time frame, which I though was 28 days. It can't just sit at the court indefinitely, I must be able to apply to get it concluded and thrown out?

 

I'm sorry, but I refuse to believe that there is nothing I can do.

[dx100uk]

:madgrin:well that's the way things are once the 28days have passed

 

 

cohen will have to pay more pennies to progress their speculative claimform, which they hoped would sneak thru as a rubberstamped undefended daulted judgement

you up set their fleecing game by defending:lol:

[AndyOrch]

It can't just sit there for an eternity. The claimant must have to take some action within a certain time frame, which I though was 28 days. It can't just sit at the court indefinitely, I must be able to apply to get it concluded and thrown out?

 

I'm sorry, but I refuse to believe that there is nothing I can do.

 

You can make application and ask that it proceeds....do you really want to?

 

Andy

[RMS]

You can make application and ask that it proceeds....do you really want to?

 

Andy

 

No, I want to make an application that it has run its course and has now finished and can't be restarted again, next time they feel like it.

[AndyOrch]

Its not started its course as yet....only when its allocated to track does it become a live claim...at the moment its no more than a speculative claim....and a stayed claimed invariably locks it.

The only application you can make is to lift the stay and proceed to allocation.

[Feelingdownandout]

Its not started its course as yet....only when its allocated to track does it become a live claim...at the moment its no more than a speculative claim....and a stayed claimed invariably locks it.

The only application you can make is to lift the stay and proceed to allocation.

 

Hi Andy

 

 

Do you see many of the claims go through to allocation?

 

 

like the OP on this thread I am now nearing 28 days (heard nothing yet),

and wonder if the 'debt/claim' continues to sit in the background for ever, whilst a 'Stay' invariably locks it,

is it only this place in time and not the future, to be unlocked by a.n.other as the debt gets sold on again...

 

 

Sorry to piggy back this thread, but reading it with interest Thanks FDAO

[RMS]

Sorry to piggy back this thread, but reading it with interest Thanks FDAO

 

No problem, you're asking the same question I am.

 

 

What does stayed mean in reality, is that the end of it forever,

 

 

or will it start up again any time,

 

 

and can I do anything to finish off, once and for all.

[dx100uk]

No problem, you're asking the same question I am.

 

 

What does stayed mean in reality, is that the end of it forever, - no

 

or will it start up again any time, - could do but rare

and can I do anything to finish off, once and for all.

 

 

see FDAO thread andy has already answered.

 

 

dx

[AndyOrch]

Stayed claim...the claim has stalled........rested....parked...could be for a short period...the claimant has attained the relevant docs and wishes to proceed...could be stayed for longer..(I have known 3 years)...but not until the claimant makes application does it start to proceed again...and the longer its left the harder it is to resurrect it.

 

RMS...I cant really explain it any more simplified than I have already...there is nothing to finish off......its a speculative paused parked claim.

 

The only way to get rid it forever is to pay it.

 

Regards

 

Andy

[RMS]

Okay, just spoken to the court today, as it's 38 days since defence. Women on phone was a bit vague, but says questionnaire was sent out 26th May and I should receive it tomorrow. I asked if that meant that they'd sent documents to proceed, she said yes, but was a bit vague, like she didn't actually know what she was answering.

 

What can I expect from the questionnaire and what will be the next steps from here? I am surprised that they are going forward with this one, as the original paperwork will be long gone.

[Feelingdownandout]

hi When you say questionnaire what do you mean? Also - why did you call the court?

[RMS]

hi When you say questionnaire what do you mean? Also - why did you call the court?

 

Not having been in this position before, I wasn't aware if they wrote to you, or you were just meant to guess what had happened. So I called Northampton to find out what the status of the claim was.

 

From memory (I was on the other side of the fence, last time I went through this), it asks you which court you want and if you will consent to mediation, amongst other things. It could be the claimant playing poker, as it doesn't cost anything to do this. If mediation fails or I don't agree to it, then they have to pay again (if I were to lose, I'd end up paying this) to actually take it forward to court.

[Feelingdownandout]

out of curiosity if you lose, I take it that you end up paying the 'debt'?

[AndyOrch]

out of curiosity if you lose, I take it that you end up paying the 'debt'?

 

Unfortunately ...yes plus a CCJ on your file for 6 years.