Hoist/Howard Cohen - Santander Overdraft

[Ty1874]

They are the claimant...let them conduct and negotiate any acceptable settlement figures...of course you can always say no:wink:

 

Thanks again - will let you know how it goes..

[Ty1874]

So far no contact from Hoist in regards to any settlement.

 

I have a question - has anyone had any success getting the case dismissed as the default notice does not comply with the Credit Consumer Act??

[AndyOrch]

So far no contact from Hoist in regards to any settlement.

 

I have a question - has anyone had any success getting the case dismissed as the default notice does not comply with the Credit Consumer Act??

 

You are a long way off that stage yet...wait and see if the claimant inform the court if they wish to proceed.

 

Andy

[Ty1874]

so today have received a general form of judgement or order???

 

 

how has that happened and no case has been heard? what are my options?

[AndyOrch]

What does the Order state TY ...verbatim?

[Ty1874]

Stay is lifted the claimaint to recover cost and interest to the date of judgement.

 

i need to pay before 17 May 2016.

[Ty1874]

im hoping i can make some type of application to get this case set aside if not im screwed for 6 years.

[AndyOrch]

Lifting the stay is normal process......does it state you have a judgment against you..they cant just lift the stay and move to judgment...I cant advise TY with sections of the Order being stated...can you type it out or scan it?

[Ty1874]

yep the exact wording is

 

Upon reading the claimants letter dated 20/04/16

 

It is ordered that the

 

1) the stay be lifted

2) the claimant recover against the defendant the sum of £2300.00 and £180 for cost amounting to total.

 

it is ordered the defendant pay the claimant the sum of ___- on o before the 17th of May.

 

thats it.

[AndyOrch]

Well as stated you cant just lift a stay and get judgment...so there is a part missing here.....along the lines that they must have made application to strike out your defence and request judgment or request Summary Judgment or both....or you failed to follow a court direction after mediation with allocation process.

 

Or there was something wrong with the way you acknowledged service and submitted a defence....I dont think we have the full story.

 

Andy

[Ty1874]

Hi Andy,

 

I followed every advice given.... literally can't sleep.

 

Can i apply to have it set aside based on the following points:

 

Holding defence not adjusted- no direction from court enabling adjustment of defence? -

 

No attempt made by claimant to make contact as per mediation order?

 

Thanks for you help!

[AndyOrch]

I would ring the court that issued the Order and request how can a claim be lifted and judgment applied when a defence has been submitted? Has there been any other applications or orders that have gone astray that you are not aware of ?

 

Once you get that detail you can then consider whether you have grounds to set a side.

[Ty1874]

So quick update.... call the court on friday it turns out the judge issued judgement by mistake!!

 

 

Hoist had asked for the stay to be lifted and the judge granted judgement in error..

 

 

They are going to send me confirmation of this by the end of next week so fingers crossed.

[AndyOrch]

[Ty1874]

Just a question - do i need to apply to amend my defence? non compliant default notice - charges etc..

 

At this point I still have the holding defence.

[dx100uk]

IMHO no

Neither are that relevant

[AndyOrch]

Wait until you receive further in formation from the court re their application and any further directions.

[Ty1874]

ok many thanks..

[9000Parts]

So who do you complain to when the judiciary make fundamental mistakes then? My local court decided to send all my paperwork to my previous address (I got a backdoor CCJ because the DCA done this too) rather than using the address I supplied on my N244 form. If the courts cant get the basic stuff right who are we supposed to turn to?

[Ty1874]

update

 

How now received a letter saying the judge has reviewed my file and will need £255 to set aside judgment??

 

This is weird as the case has never been heard? only got as far as allocation questionnaire.

 

Confused.com

[AndyOrch]

Why should you set a side and pay a fee when they applied the judgment by error...the claimants have to pay a fee if anyone to make their application.

[Ty1874]

Not really sure what to do next tbh.

 

I have sent them an email yesterday in regards to this

as it seems they want me to pay to set aside a judgment that should not have been made?

 

 

Is it possible hoist could have applied to have my holding defence struck out?

thats the only thing I can think of?

but would the court not notify me if that was the case??

 

Have been trying to call them all morning...

[AndyOrch]

Not really sure what to do next tbh.

 

I have sent them an email yesterday in regards to this as it seems they want me to pay to set aside a judgment that should not have been made? Is it possible hoist could have applied to have my holding defence struck out? Possible but the court should have informed you thats the only thing I can think of? but would the court not notify me if that was the case??

 

Have been trying to call them all morning...

 

Only the Court can unravel what has gone on here....only an application for strike out or summary judgment would allow them to proceed to judgment once a defence has been submitted and the claim is stayed.

[Ty1874]

just an update

 

 

the judge has had a look at my holding defence and decided that I have no case.

 

 

He has therefore granted judgment on his own accord as not to waste the courts time.

 

 

I need to apply for set aside and come up with a reasonable defence.

[AndyOrch]

" the judge has had a look at my holding defence and decided that I have no case. "

 

And how have you found that out Ty ? Have you received an order...does it allow you set a side the order?

 

Andy