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

[isbo]

So - did all of the above.

 

 

Had the mediation call as expected,

and told them that unfortunately no, I hadn't received any of the requested paperwork.

The mediation person said that's fine, we are unable to proceed with mediation then.

 

Today I received a 'Notice of Allocation to the Small Claims Track (Hearing) for a date in mid-August.

 

My question is: what do I need to do now, if anything?

[dx100uk]

follow what it asks you to do by the required date.

[isbo]

From what I can deduce, that is simply nothing. The onus is on the claimant to produce the relevant paperwork 14 days before the hearing, or they are snookered.

[dx100uk]

basically yes

 

 

but you must complete your part too...

 

 

dx

[isbo]

Wait - so basically the letters that I sent out asking for proof and so on?

[martin2006]

You will still need to prepare your own court bundle, currently on a no paperwork basis until they provide otherwise.

[isbo]

Thank you. Not entirely sure what the bundle consists of at this stage though.

[martin2006]

Very little other than your Defense for the witness statement if they produce nowt

[AndyOrch]

If you look at the Court Directions closely...it will state all parties to submit their documents by date xxxxxxx (disclosure)and prepare a statement (witness ) which also part of your disclosure by date xxxxxxx

 

 

Bundles are for more complicated claims/defences

[isbo]

Thanks Martin & Andy, really helpful. The witness statement will, I'm guessing, be me stating what I've requested, and that I haven't received a single thing?

[isbo]

OK. Tomorrow I shall get my stuff together to send to the Court. So do I need to just send copies of the letters I sent out to our dear friends at Cohens etc?

[AndyOrch]

Take a read of the last page of the following thread isbo...this is an excellent example of how to prepare your disclosure and witness statement..

 

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

 

Regards

 

Andy

[isbo]

That's marvellous, as ever - thank you Andy. All paperwork being sent next day tomorrow, in time for Monday. Fingers crossed.

[isbo]

Still not received a thing off the other side. Hearing is due to be this coming Monday - should I book a day off work to attend? I can't book half days, btw.

[AndyOrch]

So no disclosures or witness statement from them ?

[isbo]

No mate, not a single thing.

[AndyOrch]

So when your in court inform the judge that the claimant has failed to comply with his directions and failed to disclose any documents or witness statement on you...so barred from relying on any documentation.

 

Refer to CPR 3 THE COURT’S CASE MANAGEMENT POWERS

 

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.

 

Andy

[isbo]

So even though they've produced zilch, I still need to book a day off and attend? That stinks.

[AndyOrch]

If you dont attend you cant tell the court...you lose they win you get a CCJ.

 

If the court does strike out the claim ask for your costs ...and take proof (written evidence) that you have had to take a day off work (£90.00)

[isbo]

Er I now have a big problem - I cannot get the time off. Simply cannot. What can I do?

[AndyOrch]

Get a CCJ ?

[isbo]

Great. Just great.

[martin2006]

I would venture that an employer can not deny you the right to defend a claim being made against you.

Your priority should be to attend the hearing.

Have you been denied the time off from work despite explaining the reason?

Imho i would attend the hearing and deal with the fallout from work later if necessary, what would be the worst case scenario with regard to work? I mean as opposed to getting a ccj by default for not attending?

[isbo]

You don't know my employers!

That said I am seeking alternatives.

What else can I do?

Can I call the court?

[jaycwl]

isbo you are in your rights to book a days holiday and they cant refuse you, unless its written in your contract (eg certain time of the year). They can however refuse to pay you, but don't worry about that. My wife works in HR mate but give acas a ring and they will tell you the same. You do tho have to of worked there for two years or you have no rights lmao