Hoist/? Claimform - Santander Loan 'debt'***Claim Discontinued***

[AndyOrch]

No remove the PoC that's just for cross reference when checking....may as well submit it now.

 

Regards

 

Andy

[louie08]

Thanks for the quick reply, will do it now.

[louie08]

Hi, didn't dare post before now incase I jinxed myself! Defence was filed over 2 months ago & nothing else heard. Does this mean it's over?? TIA

[AndyOrch]

It means its stayed (parked/paused) louie....and will remain that way until/if the claimant wishes to proceed.

 

Regards

 

Andy

[louie08]

Thanks Andy, is there any time limit they have to proceed & what are the chances?

Edited January 15, 2019 by dx100uk
quote

[AndyOrch]

They had 28 days to respond to your defence....otherwise the claim is automatically stayed......they can make application in the future to lift the stay...so please retain all the paperwork safe for any future developments.

[louie08]

Hi again,

as you know they didn't respond to my defence last year and didn't hear a peep until today.

 

I have just received a letter from howard cohen referring to my defence from last year and enclosing documentation of the agreement, transaction summary & a default notice template (nothing with my personal details on).

 

They state that as this confirms existing liability that their client will consider any reasonable offer to discharge the debt claimed in these proceedings.

They state after 14 days that they will seek their clients instructions to apply for judgement to be entered against me.

 

Help Please,

 

what does this mean and what shall I do?

Edited January 15, 2019 by dx100uk
spacing

[AndyOrch]

Basically it means they have created template versions to fit their claim...in hope that it will frighten you into withdrawing your defence and the threat that they will seek judgment.

 

Not quite that simple...they have to make application to lift the stay...if they wish to ask the court to strike out your defence and request summary judgment then then need to provide the original documents..not reconstituted versions...

 

Oh and they will have to pay further fees to proceed...so ignore them and see if they do wish to make application to proceed.

 

Regards

 

Andy

[louie08]

It's just the default notice that's a template,

there is a signed copy of the agreement & payment summary.

 

Shall I still ignore?

Edited January 15, 2019 by dx100uk
quote

[AndyOrch]

Ah I see..... I was responding to following you you just stated....

 

" I have just received a letter from howard cohen referring to my defence from last year and enclosing documentation of the agreement, transaction summary & a default notice template (nothing with my personal details on) "

 

If the agreement has your signature on then they are good to proceed and request Summary Judgment...so in that instance it may be wise to negotiate with them.

[louie08]

Hi,

I know this is a real old thread but they have appeared again .

 

I have today received a general form of judgement or order that says the court will deal with the application to lift the stay without hearing and that the application to lift the stay and issue direction questionnaires is granted,

 

I have only 12 days to fill in some questionnaire and no idea what to do.

There are also copies of the agreement with signatures on,

what does this all mean and what should I do??

Please help

 

Edit - Also this is now from Hoist Finance Uk Holding 2 Ltd

Edited January 15, 2019 by dx100uk
quote

[dx100uk]

is this an N244?

 

and when was your last payment?

[AndyOrch]

Directions questionnaire N180

 

Yes to mediation

Yes to small claims track

State your local county court

1 witness yourself

 

The rest is self explanatory...run 3 copies...file with the court by the date stated and serve a copy on the claimants sols....retain 1 for your file.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Andy

[louie08]

is this an N244?

 

and when was your last payment?

 

I don't think its a N244, its asking for form N180 to be filled out and saying that a copy of their defence has been received along with copies of all paperwork original credit agreement, payment summary, notice of assignment, default notice, direct debit mandate!

 

My last payment to them was October 2009 but i believe they started court proceeding originally before it became statue barred then the case was stayed until now

[louie08]

Actually in looking again I think it is an N244 that Howard & cohen have filled in on behalf of Hoist Finance. Does this change things? Should I still fill in N180 and wait it out, what is the likely outcome?

 

I don't think its a N244, its asking for form N180 to be filled out and saying that a copy of their defence has been received along with copies of all paperwork original credit agreement, payment summary, notice of assignment, default notice, direct debit mandate!

 

My last payment to them was October 2009 but i believe they started court proceeding originally before it became statue barred then the case was stayed until now

[AndyOrch]

Already advised you what you need to do in my last post.....their application has been allowed and the claim is proceeding.If you dont complete and submit the DQ by the date stated your defence will be struck out and you will have a CCJ.

[louie08]

Ok Thank You, sorry for all the questions I really appreciate your help

[louie08]

Hi, so I’ve had a message left from the small claims mediation team to ring and make appointment which I will do today. Is it worth me making a settlement offer now or leaving it until mediation? I’ve paid them nothing in 10 years, their claim is for £8500 & they’re last letter offering settlement to me asked for £5500 then I received another saying any reasonable offer would be considered.  What would be considered a reasonable offer at this stage please? Thanks so much in advance

[AndyOrch]

Hold on with any ideas of settlement for now...you can settle up until trial date or even at the trial.......go through mediation for now then we will move on to the next stage...as mediation will not happen anyway.

Andy

[louie08]

Thanks for the advice Andy, theyve supposedly agreed to mediation So I will ring back and book later then see what happens 

[louie08]

On 07/03/2019 at 12:17, Andyorch said:

Hold on with any ideas of settlement for now...you can settle up until trial date or even at the trial.......go through mediation for now then we will move on to the next stage...as mediation will not happen anyway.

Andy

 

I have mediation call

booked for Thursday, I know you don’t think this will happen but I’m worried in case it does and I’m unprepared. I have no idea what I should be saying &

not saying, whether I should admit to the debt etc the email says I will be asked to clarify my opening position that I should briefly & accurately explain my claim

or defence? Any advice would be so much appreciated please

 

[dx100uk]

so everything is in order re the paperwork??..bar the default notice being just a template..without any proof of when the original creditor sent it??

 

urm..2nd one like that this week

[louie08]

8 minutes ago, dx100uk said:

so everything is in order re the paperwork??..bar the default notice being just a template..without any proof of when the original creditor sent it??

 

urm..2nd one like that this week

I’ve just looked through the mountain of paperwork most recently sent from them and there does now seem to be a default notice dated 2010

[dx100uk]

would it be possible to scan it all up bar the statements for now?

one multipage PDF only please

it would give us a better idea to inform you

[louie08]

There are 14 pages of the application notice

 

further 25 pages attached which includes

copies of letters received from them inc.

 

copy credit agreement,

dd mandate,

statement of account,

default notice,

notice of assignment,

settlement offers,

evidence of means forms.

 

Which do you want to see please