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HPH2/Cohen Claim Form - barclaycard 'debt'***Claim Discontinued***


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Another update. Had a letter from local court dated 30th June, saying allocated to fast track and that within 14 days of service of the letter the claiment is to file at the court and serve on the defendant:

 

A copy of original loan agreement (and copy of assignment)

Copy of default notice

Evidence of service of default notice

A statement of the defendants account from date of inception up to date of this order.

 

An allocation/case management is listed to be heard on (some day next month).

 

Not really sure what happens now if they cant supply the documents (by 14th July, guessing thats the date), do i still turn up at the court?

 

That's known as the Notice of Allocation...so yes they must disclose the above by the 14th July...what does the Notice state if they fail to provide ? Claim struck out ?

 

You will have to wait and see if they disclose as to whether you will be attending court on any specified dates...they may discontinue if they cant disclose.

 

Andy

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Quick update. I've had the mediation appointment email and it mentions having to be able to say yes to 3 requirements, 1 being:

 

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment."

 

I'm assuming this is where I wait for the pre mediation phone call asking if i can say yes to the 3 items and i tell them no to the above as i have had no response to the CCA or 31.14 request?

 

Think I'm right but just looking for some reassurance. I've had not contact with cohens/hoists since the papers will be made available at later date letter.

 

Can someone just explain what is the point of answering no to one of the 3 questions. Even if the other side has not responded to the CCA or 31.14, why not take advantage of the mediation to make a low offer?

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Because if you dont have all the information you need to mediate, ie the documents you have requested, hiw can you cone to agreement?

You would be flying blind

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Because if you dont have all the information you need to mediate, ie the documents you have requested, hiw can you cone to agreement?

You would be flying blinf

 

You don't need the documents though. The other side would need to produce them if it went to court, but to mediate you just have to make an offers to each other. The mediator doesn't even see any documents.

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There is nothing to stop you participating...just state yes you have enough information to enter into mediation.

We could do with some help from you.

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There is nothing to stop you participating...just state yes you have enough information to enter into mediation.

 

Yes I know that. But what is the purpose to advising most threads to say no to the document question. Is there some hidden tactical advantage in there of someone as to offering to mediate and then saying you dont' have the documents at the last moment?

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I understand what you are getting at...the problem is since ADR (Mediation was made part of the process) all parties are expected to participate...but since the introduction the mediation service have struggled to manage their workload and have found it that it does not quite work with civil money claims...so they introduced the 3 question system to vet their work load down.

 

Now some posters take these questions as do you have all the paperwork to proceed to mediation ...and because the claimant has not complied to a CCA/CPR request they state no.

 

Where in fact they do know enough to proceed and possibly negotiate a settlement...but because they have stated no...mediation is then removed.

 

But obviously you know the debt is yours and you should know enough to attempt mediation without any paperwork.

We could do with some help from you.

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Mediation can be quite effective and render good results...if your on the ball and prepared to negotiate.....you can get a good settlement and avoid a CCJ and Costs.

We could do with some help from you.

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I'd have probably settled at a sensible low figure if I'd have trusted them, but I don't, and don't feel I am aware enough of the process to save myself getting knifed at such a delicate stage. Sad, really, that it is there to help and people are afraid.

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I'd have probably settled at a sensible low figure if I'd have trusted them, but I don't, and don't feel I am aware enough of the process to save myself getting knifed at such a delicate stage. Sad, really, that it is there to help and people are afraid.

 

Why do you not trust them...you dont talk to them direct its a 3 way call through the mediator...she does all the negotiating.

We could do with some help from you.

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Anyway isbo and larcy I think that we have hijacked this thread enough and you should be posting these points to your own threads.

 

Apologies ‎ truaguns

We could do with some help from you.

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Hi All,

 

So nothing received from the claiment, the court gave them until July13/14 to supply agreement, DN and statement of account. Not sure what i should be doing now. Do i contact the court? Do i still turn up on the day? There's no directions on the latest letter from court.

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You can inform the court that have failed to comply with the direction...you must attend the allocation/case management hearing..further directions will be issued..or they may even strike it out.

 

Andy

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  • 2 weeks later...

Hi all,

 

Some good news, I think.

 

 

Had a letter from Howard Cohens that their client has informed them to discontinue county court proceedings,

with a copy of the clients notice of discontinuance, which has also been sent to the court.

 

I know this sounds stupid

but do I have to do anything else,

what happens next?

Should I expect to hear something from the court,

I assume i now don't need to turn up there?

 

Thanks again for all your help, invaluable.

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give it a few days and ring the court to check

 

 

well done everyone

 

 

dx

 

 

 

 

 

 

 

 

 

 

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Please help.

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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No nothing further required from yourself truaguns ..perhaps a donation to CAG ?:-)

 

Thread title amended to reflect the outcome.

 

Well done and best wishes

 

Regards

 

Andy

We could do with some help from you.

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Very well done Truagans, its not who you know, its WHAT you know 👍🏻

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  • 3 weeks later...

Thanks all, I'll be making a donation when i get paid, site deserves it but I'm strapped at the moment.

 

Called the court on friday, when the hearing was due. Thought i better check in case the claiment 'forgot' to inform the court of the discontinuance, but they had.

 

Just a quick question,

does the discontinuance just mean the claim is now in limbo, seeing as no judgement either way was made?

 

The claiment did state in their letter, we hope this concludes the matter. Conclude, to me, seems final..

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the claim is over

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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See cpr 38.7 below

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38

 

Excellent result btw

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