HPH2/cohen claimform - Ex Barclaycard 'debt'***Claim Discontinued***

[AndyOrch]

thanks, so basically for 10© mention claiment not provided documention that was requested ?

 

Noooo....nothing to do with what they have or have not disclosed...the Judge as already stated above at 7) The original documents must be brought to the hearing.

 

Your witness statement is a particularised version of your defence in your words why you have defended the claim....time to read some other threads and look at other witness statements

[techie09]

ok, i get it now, will get this drawn up, will need to get it in post Tuesday latest

[jaycwl]

can you post your witness statement before you send it aswell pls techie09 just I'm at the same stage with the same people and would be nice to see what you put aswell

[techie09]

will do, still looking for a good example to get an idea on wording, i will post hopefully later as need to get this in the post probably Tuesday latest as hearing is on the 8th Sep.

[martin2006]

Pop it up for Andy to approve before sending techie

[martin2006]

http://www.consumeractiongroup.co.uk/forum/showthread.php?458383-Lowell-lowells-sols-claimform-old-Vodafone-mobile-debt/page6

 

Have a look at this one

[jaycwl]

dx told me to look at this one aswell if it helps

http://www.consumeractiongroup.co.uk...issed***/page2

 

from post 81 above

but read past that!

[martin2006]

Will do no harm for both of you to read both links

[techie09]

thanks for the links , please take a look at my draft before a send it off, the hearing is on the 8th so getting concerned on the 14 day deadline......

 

 

IN THE ******* COUNTY COURT

Claim No. ********

 

BETWEEN:

Claimant

Hoist Portfolio Holdings 2 Ltd

 

AND

Defendant

Mr **********

 

_________________________________

 

WITNESS STATEMENT OF ************

_________________________________

 

 

 

I ******** of ******** Road, *********** being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence in the claim.

 

1. On or around the 4th March 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £7XXX.

 

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

 

3. The particulars of claim fail to state when the agreement was entered into.

 

4. The particulars of claim state that the debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant.

 

5. On 11th March 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents pursuant to CPR 31.14 mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Hoist Portfolio Holdings 2 Ltd, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974.

 

6. On 11th March 2016 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B].

 

7. The Claimants debt collector Robinson Way replied and failed to supply any documents that I requested.[EXHIBIT C].

 

8. I have not received any of the documents mentioned in the claimants claim form.

 

9. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

 

 

Statement of Truth

 

I, ******** , the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: ________________________________

 

Dated: ________________________________

[AndyOrch]

Yes...not much more you can state in the absence of documents and a copy of the claimants witness statement.

 

Just a couple of points credit cards are section 78 so just refer to that ...not 77-79.

 

I would add a point 10 conclusion..

 

10.Until such time the claimant is able to prove a copy of the agreement pursuant to section 78 CCA1974 they are prevented from requesting any relief and any alleged agreement remains unenforceable until such time they can comply.It is therefore respectfully requested that the court compels the claimant to disclose all documents and failing to comply the court considers striking out the claimant claim pursuant to CPR 3 (PD3.4)

 

 

Regards

 

Andy

[techie09]

thanks Andy, i will make the amendments as above and get in post this afternoon. with regards to copies due i send these to Hoist or Cohens ?

[AndyOrch]

Goes to the claimants solicitors.....dont forget to do your disclosures also ...

 

Disclosures are .....

 

CPR request and any response

CCA request any any response

Witness statement

Exhibits.

 

Andy

[techie09]

Great stuff, will keep you posted..

[techie09]

Andy, have not had any documents or heard anything from Cohens or Hoist, the court hearing is tomorrow at 2pm, i assume i still attend ? any advise would help.

 

Thanks

[AndyOrch]

Very much so you attend.....and as soon as it starts.... inform the Judge that the claimant has failed to comply with his directions dated xxxxxxx...not served their standard disclosure or witness statement and ask that he strike out the claimants claim pursuant to CPR 3.14 2 ©

 

Power to strike out a statement of case

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

 

And of course best of luck for tomorrow techie...please update your thread of its conclusion.

 

Regards

 

Andy

[techie09]

Thanks for the CPR 3.14 2 © info, will let you know outcome.

[AndyOrch]

If they have served the documents on the court but not you then request an adjournment and ask the court to direct the claimant to serve you for consideration.

[martin2006]

Andy, have not had any documents or heard anything from Cohens or Hoist, the court hearing is tomorrow at 2pm, i assume i still attend ? any advise would help.

 

Thanks

 

I would ring the court first thing and check to see what they have filed, if anything. You would then know exactly what to say when you go in rather than discovering once inside the courtroom.

[AndyOrch]

Very much so you attend.....and as soon as it starts.... inform the Judge that the claimant has failed to comply with his directions dated xxxxxxx...not served their standard disclosure or witness statement and ask that he strike out the claimants claim pursuant to CPR 3.14 2 ©

 

Power to strike out a statement of case

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

 

And of course best of luck for tomorrow techie...please update your thread of its conclusion.

 

Regards

 

Andy

 

If they have served the documents on the court but not you then request an adjournment and ask the court to direct the claimant to serve you for consideration.

 

There are only two possible scenarios martin...both responses above.

[martin2006]

Agreed Andy, was suggesting the OP gave himself a "Heads Up" as to which of the 2 scenario's he would be dealing with, apologies if i didnt word it too well

[techie09]

Thanks guys, i will ring the court and fnd out what documents they have filed.

[techie09]

Tried ringing the court but was told no one available to get that information ring back after lunch,

as this would be leaving it a bit late, i left for the court hearing.

 

 

When i gave my name to the receptionist he could not find any refernce on his list for my 2pm hearing,

he then called someone in the office,

 

 

after speaking to them he then told me that the court received a notice of discontinuance from the claimant on the 2nd September and i should have also been informed.

 

Sounds good news, but a bit concerned have nothing in writing with regards to the notice of discontinuance.

[jaycwl]

excellent news mate if the courts have said that then I imagine it to be true, but just wait for the guys on here to confirm

[dx100uk]

well things do go missing

 

 

but great news

 

 

you won!!

 

 

dx

[techie09]

i think i donation is in order, thanks for all your help.