HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***

[isbo]

I haven't been there two years mate, and it is a certain day where time off is refused (bloody typical).

[jaycwl]

Personally id just take the day off and deal with the consequences later.

I'm pretty new here but, my opinion on these companies is. They no without the docs they probs wont win, But take it all the way hoping people get scared and bottle it at some point, or critically the stage your at and get frightened by the court process.

I'm dealing with the same companies and there's no way I'm not going to attend. I have very limited knowledge of this whole saga, but I do no they have to produce documents to prove it and they have not!

[isbo]

I normally would, believe me. If I take this day I would be in huge trouble.

[martin2006]

Then you have to decide isbo, whether the trouble at work for taking a day off is worth it to not have the ccj.

Personally, i would attend the court but then none of us know your personal circumstances.

It is your call my friend

[isbo]

I just don't know how I can do it. Come this far only to fail at the end.

[martin2006]

I obviously cant advise that you may be ill that day

[isbo]

Never took a day sick in my life.

[dx100uk]

No same as me 35yrs only 17days sic

But I had to do the same as you

Twice

[isbo]

Terrible. All this way and then this.

[shamrocker]

Terrible. All this bloody way and then this.

 

What did you expect? You knew the date of the hearing, didn't you?

[isbo]

I was expecting it to be kicked out due to a total lack of any evidence despite requests from me and the court, and following posts I'd read here. Sorry for disappointing you.

[shamrocker]

......and following posts I'd read here.

 

Really? There are plenty of posts where zero evidence has been filed or served and they weren't 'kicked out'.

 

Anyway, I'm not picking an argument - just don't see why you're so surprised that you still have to attend court.

 

Maybe they'll pull the pin on it anyway. Fingers crossed.

[isbo]

Perhaps I'd got the premise wrong then. It is a whole new world for me.

I can't see the pin being pulled now, there's only tomorrow's post left.

[Dire1]

Perhaps I'd got the premise wrong then. It is a whole new world for me.

I can't see the pin being pulled now, there's only tomorrow's post left.

 

Tough one, hope you find a good resolution!

[isbo]

Ta Dire1.

[isbo]

I have received in today's post (signed for) their Witness Statement and copies of their defence

- which constitutes a photocopy of Barclaycard's terms and conditions with my name and old address at the top;

print offs of a statement

and a number of print offs of letters chasing

- none are proper photocopies of original documents

- a poor copy of an OFT default advice letter;

a print off of a transfer of debt letter (again not a proper copy);

and similar from Robinson Way.

 

Nothing is an original copy they are all print offs.

This stinks to high heaven.

 

 

I feel I may have no alternative, though, to the CCJ that would appear to be heading my way.

Advice please folks.

Edited August 13, 2016 by honeybee13
Paras.

[Guest]

well, if you're not prepared to go to court, and cant get it adjourned administratively to date when you can, then you'll just have to send in your statement/evidence etc to be considered on the day in your absence.

[isbo]

I sent my statements in as soon as requested Ford. What I meant was how likely are they to succeed now that they've miraculously provided this evidence etc? Am I better calling to offer a payment first thing Monday?

[Guest]

I sent my statements in as soon as requested Ford. What I meant was how likely are they to succeed now that they've miraculously provided this evidence etc? Am I better calling to offer a payment first thing Monday?

not sure, post up what they have provided for the guys to check over.

up to you

if you definitely cant go to court ever (even if with an adjournment), then some options;

let the court decide in your absence (write a letter in saying that you cant attend). or

enter into negotiations re settlement prior.

[isbo]

I can go with an adjournment, but would the court allow if I called on Monday first thing? I can also hand deliver a letter there tomorrow, just can't be there on Monday. Today's pack is about 25 pages long!

[Guest]

the hearing is on this monday 15th?

[isbo]

Yes Ford.

[Guest]

not much for me to add unfortunately. you're not prepared to go to court. you're not prepared to post up stuff, at least their wit statement. doesnt seem that important to you.

cld try for a late adjournment administratively by submitting a letter (on the day) requesting. whether the J wld accept or not, and the other side objecting or not, i dont know. bear in mind poss costs consequences against. plus, no point going for adj if you're not going to attend later if it is actually by chance granted.

otherwise, as said, try for an urgent settlement prior.

or let the J decide on the day in yr absence.

good luck.

 

ps, if you're serious about an adj. give the court a ring first thing re poss adjournment, see what they suggest.

[isbo]

I'm deadly serious, Ford. The worry is making me ill, sorry but if I knew how to scan it in I would, but it would take me all night to transpose it all. The witness statement alone is 5 pages. One of the key facets of it for me is they say that in Carey v HSBC reconstituted versions make them enforceable.

Thanks for the kind good luck wishes, appreciate that.

[dx100uk]

if you scan it

and email me the unredatcted pages i'll do it for you

want a secure email ad ?