Claimform from Hoist / Cohen for Santander Loan

[djc1]

Don't know if it's any thing but on the allocation to fast rack notice it mentions something about being a defendants claim now. Will check when I get home later

[AndyOrch]

Only complete and submit the N180

[djc1]

Ok Andy thanks, will send the N 180 off tomorrow registerd post, I guess that i will have to wait and see what they say happens next but also keep an eye on the date just in case i hear nothing back and should be ready to send the N 181 off or should i forget that all together

[AndyOrch]

Did they actually send you a N180 and N181 in the same envelope?

[djc1]

Andy they sent just the N 180

[AndyOrch]

Just a quick few questions,

Along with the Notice of proposed allocation to the fast track, I received a Directions questionnaire (small claims track) form N 180.

Question A 1. Do you agree to this case being referred to the small claims service ? I should go with Yes right ?.

Question C 1. Do you agree that the small claims track is the appropriate track for this case ? again I should go with Yes ?, and send this form off ASAP and then fill out the N181 and send off.

 

So why did you state the above ?

[djc1]

Because on the notice of proposed allocation to fast track that they also sent with the N180 it states that I must fill out a N 181 and file that before the 15 Feb so now I am totally confused here and I can only guess that they hope I fill out one and not the other so that they have a case against me

[AndyOrch]

The court sends you the forms...not the claimant.

 

On your Notice of Allocation does it state fast track or small claims track?

[djc1]

In other words why would they send the proposed notice of allocation to fast track and at the same tine send me the N 180 ? I thought the idea was that I contest fast track because it is Sb and then it goes small claims

[djc1]

On the notice of allocation it states fasttrack

[AndyOrch]

No.... the track is decided on value amount...and as this is hovering around the 10k ...it could be placed in either.You want SCT...dont let it go to Fast Track or you could get hammered with costs should your defence be rejected.

 

Complete the N180 and state your reason as...

 

The claim is a simple claim, uncomplicated and its value borders on the threshold of Fast Track.As it is contended that the claim is statue barred I believe that it can be dispensed with in the Small Claim Track.

[djc1]

Thanks Andy I sent it off this morning so I guess it is wait and see what happens next

[AndyOrch]

Lets hope its Small Claim Track:-)

[djc1]

Just a quick update folks,

Today i received a Notice of Transfer of Proceedings letter from the County Court Business Centre, transferred to a local court for hearing. I also received a letter from Cohen solicitors with the claimant's N181 and draft directions which they say that they request,

1. The claim be allocated to the small claims track.

2. There be a stay in proceedings of 1 month to allow both parties to negotiate by way of claims mediation service.

3. Both parties to inform the court by if settlement has been agreed or if an extention of stay is required.

4. If settlement has not been agreed, the claim be transferred to Defendant's local court and be allocated to small claims track with a hearing estimate time of 1 hour.

5. The Claimant pay the hearing fee on date to be fixed by the court.

6. No expert evidence being necessary.

7. Each party shall deliver to every other party and the court office copies of all documents on which they intend to rely upon no later than 14 days before hearing, along with signed statement of truth.

Any advice on what I should do now

[Guest]

sounds ok, they agree to small claims. your court (as of right anyway), parties to deliver docs relied on

mediation is mediation. if its barred, and they cant show anything in that time to negate that. then thats that. if they can, then can mediate if required.

[djc1]

I will stick to the loan is SB and leave it up to them to prove other wise

[dx100uk]

yep!

[Guest]

djc1

re 'stay for settlement....'

note CPR part 26.4 and associated Practice Direction 26 etc.

[djc1]

Just a quick update, I received a Notice of Allocation last Thursday the 3 march,

 

1. it has been allocated to the small claims track

 

2. There be a stay in proceedings of 1 month to allow both parties to negotiate settlement by way of small claims mediation service, have not heard anything from yet

 

3. Both parties to inform the court by 4:00 pm on 28 march 2016 if settlement has been agreed or if an extension of the stay is required, I take it that I do not want an extension ?

 

4. Details of the time and date of the hearing at local county court

 

5. A hearing fee of £335.00 is payable by 14 march 16 by the claimant

unless you make an application for a fee concession.

 

 

Failure to pay the fee will result in the hearing being removed from the list.

 

Any thoughts on where this is going, or advice on what I should do now ? .

[AndyOrch]

Well its going through allocation... the above is normal...its called a Notice of Allocation.

 

You appear to miss the main points that are normally included in the above list....

 

Parties to disclose and exchange all documents relied on by xxxxxxx

 

Parties to prepare a witness statement?

 

Regards

 

Andy

[djc1]

Thanks Andy I missed that,

Each party shall deliver to every other party and to the court office, copies of all documents on which they intend to rely upon no later than 14 days before the hearing along with a signed statement of truth.

I guess that the documents I intend to rely upon is a copy of the SB Defence and a signed statement of truth ? there is no mention of preparing a witness statement in the letter.

[Guest]

the 'stay' is as per the cpr i mentioned.

if they dont come up with anything in that time to counter the bar, then up to you if you still want to continue to mediate with further time or not

you'll still need to do a wit statement, if it continues.

[djc1]

Will get the wit statement on the to do list thanks Ford, I will also inform them that I do not wish to continue to mediate.

[Guest]

the order is to go to the small claims mediation service, so do that. when they get in touch, tell them your position re bar, let them decide whether mediation can continue or not. will likely be not, unless claimant can provide info to say is not barred. if claimant can, then can mediate.

see what the guys say also

[djc1]

Thanks for the clarification Ford