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

[dx100uk]

2 hours ago, louie08 said:

There are 14 pages of the application notice [if this is the N244 and we haven't seen it yes please]

 

further 25 pages attached which includes

copies of letters received from them inc.

 

copy credit agreement, [if we haven't seen it yes please]

dd mandate, - no

statement of account, no

default notice, yes

notice of assignment, [if we haven't seen it yes please]

settlement offers, no 

evidence of means forms. no

 

Which do you want to see please

 

[louie08]

Default2010-min.pdf

I struggled with this, I hope its ok

 

Thanks in advance

Default2010-min.pdf

[AndyOrch]

Their application is simply to substitute claimants and lift the stay and request that Directions Q,s be sent out for the claim to proceed.

 

Andy

[louie08]

Thank you I thought it meant it had been lifted already.

 

Do you have any advice on what to say during mediation please?

[AndyOrch]

No they have made an application to lift the stay included in their notice of substitue cliamants...they have not requested a hearing...but thats for the court to decide.

 

If the court grant it and lift the stay without hearing you will recieve a DQ...lets worry about mediation if and when you recieve a Notice of Proposed Allocation.

[louie08]

Thanks Andy,

i have mediation booked for tomorrow though, the small claims court rang and booked the appointment? 

[AndyOrch]

So go through the process and use it to your advantage.....have you got all the nessassary documtation that legally allows them to litigate on the agreement ?

Are there any unfair penalties and interest that you can use to mitigate the balance.....without knowing all the details of your claim I cant go into specifics.

 

You dont have to agree or accept anything and I doubt the claimants wont be offering anything.If you can agree a mutually benefitial agreed amount then you can end the process here.....but if you dont ask you dont get....and nothing lost if they wont mediate...claim proceeds.

 

 

[louie08]

Since I put in my defence in 2015 they have sourced all the relevant paperwork and issued me a copy so I’m really worried about what to say when asked to explain my defence? 

 

[dx100uk]

imho that DN is defective.

it states within 14 days from the date of this notice

no time for postage no stipulated date in the required format of DD/MM/YYYY for the regulations ofthat time.

 

[louie08]

53 minutes ago, dx100uk said:

imho that DN is defective.

it states within 14 days from the date of this notice

no time for postage no stipulated date in the required format of DD/MM/YYYY for the regulations ofthat time.

 

Thank you, there never was a default notice only a template until very recently! I shall use that in my defence tomorrow if promted. 

[AndyOrch]

Yor not justifying your defence tomorrow...its not a trial by phone.....mediation is about narrowing any differences and trying to reach an amicable agreement without the claim proceeding any further in attempt to save time and costs on courts.

[louie08]

25 minutes ago, Andyorch said:

Yor not justifying your defence tomorrow...its not a trial by phone..... mediation is about narrowing any differences and trying to reach an amicable agreement without the claim proceeding any further in attempt to save time and costs on courts.

ThankS so much for clarifying, now I understand

[louie08]

Mediation was a waste of time, I then sent of I&E and a f&f settlement offer detailing a medical condition that severely disabled me and means I don’t earn much money and can’t afford any more. Today I received a Notice of discontinuance but also says Robinson way may contact me to arrange repaying the debt?

last payment was October 2009, county court claim started June 2015, is this over now, is it statue barred or should I now negotiate with Robinson way?? 

 

[dx100uk]

Sb'd then

Who sent the disc'd...the court?

[louie08]

12 minutes ago, dx100uk said:

Sb'd then

Who sent the disc'd...the court?

Howard Cohen sent a letter saying client had reviewed and considered personal circumstances and chosen not to proceed with legal action. And went onto say find enclosed by way of service upon you a notice of disvontinuance which is then attached? 

[dx100uk]

sounds good but check with the court in a few days after the letter.

dx

[louie08]

Yes I will do, if confirmed is that it over?

 

The letter says that no further court action will be taken against me at this time and I’d be notified in writing prior to any further legal action in the future, also that I’m still liable for the debt and the clients agents Robinson’s way may contact me to discuss matter further. 

[dx100uk]

haha jokers all!!

yes over with now its SB'd the claim has been disc'd the SB clock resumes from the time of issuance.

[AndyOrch]

Well done Louie...thread title updated.

 

Regards

 

Andy

[louie08]

8 hours ago, dx100uk said:

haha jokers all!!

yes over with now its SB'd the claim has been disc'd the SB clock resumes from the time of issuance.

That’s fab news you guys on here have been absolutely brilliant and a god send I can’t thank you enough!