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Hoist Portfolio - General Form of Judgment - help


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Hi could anyone help me

 

 

I need help urgently with an old santander debt that is now hoist portfolio holding 2 Ltd

 

 

which must be lowell as that is who the origional letters were off,

 

 

they have taken me to court for the debt

 

 

but I am sure it was Statue barred as it is over 6years old,

 

 

I missed the court date as I had the wrong date in my diary

 

 

and now I have been sent a General Form of Judgment or order

 

 

which I do not even understand,

 

 

can anyone help?

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own thread created

 

 

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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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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It won't let me edit the form do I need to convert it to PDF first? it could be because I am at work at present and works computers or internet is not great

 

 

You have received a claim formlink3.gif.

 

In order for us to help you we require the following information:-

 

Name of the Claimant ?

 

Date of issue –

 

What is the claim for –

 

What is the value of the claim?

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?

 

When did you enter into the original agreement before or after 2007?

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments?

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan?

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in the meantime this is the letter I received,

I thought the court date was the 28th,

I realised after it was too late,

 

 

they have sent me some documents from santander as their defence and on one of them it is not my signature,

it doesn't even resemble my signature,

 

 

this was also going to be part of my defence when it got to court

as I started to put my defence together

but as I said stupidly had the wrong date set as a reminder and missed it.

Edited by dx100uk
unapproved as per info showing
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Did you acknowledge service of the claim and submit a defence caroline?...I notice the judgment was issued Durham County Court ...so the claim was transferred out of MCOL Northampton.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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I sent in my defence,

 

 

they first tried to arrange a telephone mediation,

 

 

I sent back the form stating I work Monday, Tuesday and Wednesdays and could not do these days

as if I took the days off work I would not get paid for them and I can't afford to do this,

(it stated on the form they sent me to specify days I was not available)

 

 

they rang me once on a Tuesday and left a voicemessage that you could not understand as it broke up

when they were giving the contact number,

 

 

after this I received a court date for mediation,

 

 

I thought it was the 28th of August as this is a Friday but it was on the 24th which is a Tuesday,

 

 

I was at work anyway,

 

 

I realised my error on the Thursday when I was off work and starting putting all my stuff together to attend court.

 

 

I only recieved that letter on Saturday 5th September.

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Okay reading between the lines...you have either missed the trial date or a Summary Judgment hearing...forget all the mediation stuff now...as that does not equate to judgment.

 

Did you submit a DQ (Directions Questionnaire N180? This allocates the claim to track and transfers the claim to your local county court (Durham I assume)

 

Do you recall receiving anything about Summary Judgment application?

 

Do you recall receiving a Notice of Allocation...this states the directions and date of trial.?

 

If you could back track later when home and give us details of the claim dates and a time line.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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I didn't receive any of those things,

 

 

I will double check all of the paperwork,

 

 

I origionally got a claim form for Northampton county court back in February 2015

 

 

but I did not have to attend just submit my defence online,

 

 

which I did and that was when mediation was suggessted,

 

 

they sent me a form to put on what days and times I was available to do this by telephone,

 

 

which I filled in and sent back

 

 

then they tried on a day I was unavailable by phone

 

 

then I got the letter to go to Durham for the mediation

 

 

. that was all I received

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go edit post 4 [edit post icon of pen at the bottom of the msg in the grey toolbar]

 

 

and insert the required info .

 

 

post 4

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

Can you please post up the details of the General form of judgment or order that you have received from the Court, word for word? Minus all the personal information set out in the order.

 

 

We need to see precisely what the order says so that we can establish what order has been made against you, if indeed, of course, any order has been made against you at all.

 

 

Thank you.

 

 

ibberty bibberty

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24th aug 2015

judgement for claimant £1703.22 being principle amount of £1163.74

plus int at 8% 190 days = £59.48

plus court fees £185

plus sols costs £80

plus agents fee £215

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

What is an SJ? the only thing that I have received from the court is the the thing I posted above, all other letters before the hearing state that it was a mediation hearing nothing more. I don't understand it though do I now have to pay £59.48 a day? that letter was the only thing in the envelope

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Difficult to advise really caroline...without knowing what exactly you have received.

 

SJ is summary judgment...this is when an claimant makes application to short cut the process as there is no need for the claim to go to trial....so if say it was a SJ hearing and you didn't attend...you lose judgment to the claimant.

 

Mediation is normally processed by telephone...so you would not be asked to attend mediation at court.

 

Case management hearings before trial can be held to decide on any irregularities that need attention or directions that need to be complied with before trial.

 

The only other way they can get judgment without your involvement is if you had failed to comply with the courts directions after you submitted your defence....and your defence was struck out.

 

 

As stated you need to look at all the paperwork you have received and clarify the chain of events and timeline of what you have and not complied with.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Ok thank you, I am on going through it all now, in the meantime what do I do about that court letter as it doesn't even give me a way to pay that is all I received just that letter in an envelope, are the bailiffs just going to turn up?

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The Order is dated the 1st September...so you have 28 days to make/arrange payment/set a side before the CCJ is recorded against your Credit files.Should you wish to accept the judgment and not challenge it then you pay £1163 forthwith.....unless you make application to vary this to monthly payment using a N245 (See legal Library)

 

No the Bailiffs are not going to turn up...but they do have other options of enforcement should you fail to deal with it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 3 weeks later...

Just a quick update, sorry for the delay it has been a hectic month,

 

 

I rang the court as I was not sure how respond to the letter or who to respond too.

 

 

They are sendin me a form to apply to have the order set aside.

 

 

The court claims there is no time limit on this type of order because I did not attend the hearing? not sure if this is correct.

 

 

I know I am responding later than expected to it, but after a nasty fall with my 2 year old I have just had 2 operations on my arm,

 

 

Like I said a hectic month.

 

 

I will keep you updated

 

 

I doubt I will get anywhere but you never know.

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Depends when you rang the court...almost a month has passed since your last post.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Okay well the fee is £155 unless you qualify for exemption...you will need to draft an order to attach to the N244 and also a short synopsis for the reason to request set a side that will be the basis of your defence......try to quote the relevant CPR that your application is pursuant to.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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