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

[martin2006]

Prepare your defense, no more action required re RW and Cohen for now.

Do not miss yr deadline for filing defense, atm it woukd be no paperwork/holding defense.

Edited March 19, 2016 by martin2006

[martin2006]

OK hang fire, i have found a differing opinion, please see below, sorry to confuse but the comments below makes good sense and come from the site team.

 

Once a claimant offers extension by way of CPR 15.5 (an extra 28 days) its your choice to accept and if so inform MCOL(with a copy of the claimants confirmation) that you will be be submitting by this date.

 

By agreeing extension all you are doing is providing the claimant further time to recover/create the paperwork and prolonging the process for yourself...so ignore.

 

Your defence will not be based on anything they wont disclose pre defence...and they wont disclose because they dont wish to assist with your defence along with the fact that they have nothing at this stage to disclose.

 

Your defence will be a simple holding/verifying proof defence...which is available through out this forum and in the Legal Successes forum.

[martin2006]

my apologies, all you are doing is allowing them more time to find documents, which doesnt do you any favours, it only serves to help them

[martin2006]

They have brought a claim against you, they should have had their house in order before doing so, ie they should have had the documents upon which they will rely, so what they are doing is saying, ahhhh crap, we dont have the agreement, lets see if we can get some extra time to find it.

 

The answer is no, you dont allow them more time to do the work they should have done before issuing a claim in the first place.

[martin2006]

As the offer to extend was in the CPR 31:14 letter it will probably do no harm to agree, inform via MCOL of agreement to extension and inform Cohens of same by letter.

 

Note the new defence filing date and file on time.

[martin2006]

As the wording to offer such an extension was in the CPR letter it would seem unreasonable not to agree on this occasion but the general rule is not to.

 

If they dont have the paperwork then it becomes a no paperwork/holding defense until such time as they produce it.

 

But if they find the paperwork, they can re open the claim anyway, so the time allowed for filing is really irrelevant, it just delays the initial outcome

[martin2006]

Sorry slight mis read, i thought you had filed your defense to the court by royal mail.

 

MCOL is Money Claim Online

[martin2006]

Absolutely Isbo, file your defence a day or two BEFORE your deadline date, obviously excluding weekends, leave them no room to wriggle

[martin2006]

claim issued 1/3/2016

 

def file 2/4/2016(sat) so by 31/3/2016

[martin2006]

Dont worry your file date is after easter this year, file by 31/3/2016

[martin2006]

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Add 9. above and remove any references to s77, thats for a fixed loan, you should only refer to s78

[martin2006]

Good man isbo, hope it makes you feel empowered knowing you did that mostly on your own, ok with a little guidance but its YOUR work, well done

 

Martin

[martin2006]

What i would suggest now if you havent already, is take time to digest and understand exactly whats in that defence, should it get as far as mediation/courtroom, you need to understand the points of what you have just submitted.

Great job so far

[martin2006]

Wont do any harm isbo

[martin2006]

You will need to fill in the DQ and return it by the due date.

 

Andyorch will see this and advise fully on the details, he is more clued up at the business end of procedures.

[martin2006]

There will be a date to file the N180 by in the NoA (N149A)

The N180 itself can be d/l and filled in, there is no fee for this form to file but you must also send it to the other sides sols aswell

[martin2006]

You need 3 copies isbo.

1 for the court

1 for the other sides solicitors ( by way of service)

1 for your own files

[martin2006]

No just cohens and the court, save one for yourself

[martin2006]

N180 is very straightforward isbo, tick yes to mediation, the rest is self explanatory

You d/l it and it has fields to fill in.

Fill the fields in and print 3 copies

Edited May 14, 2016 by martin2006

[martin2006]

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

[martin2006]

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

[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?

[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

[martin2006]

I obviously cant advise that you may be ill that day

[martin2006]

If you wish to settle at this stage you could write to the solicitors and request settlement via a Tomlin Order. It would avoid you getting a ccj if accepted, work out what you can safely afford although they may require an I&E