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

[isbo]

Yes I hadn't seen it quite like that. The hearing didn't actually take place at all then, hence the not throwing them out.

[Guest]

yep, isbo said wanted to defend and attend rather than dealt with in absence.

isbo. as i pointed out, there is that no 7 in the directions. ie at the J's discretion.

if you dont want to/cant attend next time, then give the court your substantiated reasons and ask for it to be dealt with in your absence with your representations.

[isbo]

Thanks Ford.

So what happens if I attend and they get all 'legalese' on me, which I'm sure they will?

[martin2006]

As a LiP, the judge will explain in more laymans terms what the argument or legalese speak is so you can respond accordingly

[Guest]

Thanks Ford.

So what happens if I attend and they get all 'legalese' on me, which I'm sure they will?

if it proceeds to court again, rather attend than not. but, its your call in view of your circumstances.

[isbo]

if it proceeds to court again, rather attend than not. but, its your call in view of your circumstances.

I'll be there Ford, but what do I do/say if they get all 'legalese', as I feel sure they will?

[isbo]

Sorry Martin, only just seen this - thanks for the explanation. Does either side have a leg to stand on, do you think?

[shamrocker]

Sorry Martin, only just seen this - thanks for the explanation. Does either side have a leg to stand on, do you think?

 

Have you responded to their witness statement?

[isbo]

No - was I meant to? I didn't receive until the Saturday as the hearing was on the Monday.

[shamrocker]

As the original hearing was adjourned, I would think it has given you time to get a response in.

 

 

Their WS is saying "here's proof of the agreement that Isbo says they know nothing about"

- without a response to dispute that evidence, it's likely the judge will deem you've accepted it as valid.

You need to highlight the weaknesses in their case.

 

Hopefully others will agree or disagree with the above and then we can go from there.

[isbo]

Hmm, OK. So say what to highlight what weakness?

[shamrocker]

Along the lines of what you intend to say in court.

[Guest]

and, why i wondered whether they did bring the originals to the hearing. the direction no 7 discretion being re copies prior.

if they dont have the originals, then what?

[isbo]

Along the lines of what you intend to say in court.

That's the thing, I don't know what I'm supposed to or intend to say!

 

and, why i wondered whether they did bring the originals to the hearing. the direction no 7 discretion being re copies prior.

if they dont have the originals, then what?

Dunno Ford.

[shamrocker]

That's the thing, I don't know what I'm supposed to or intend to say!

 

Why go to court then?

 

I can't see points 4 to 8 in their witness statement - do you have them?

[Guest]

isbo

you need to decide whether to try negotiate a reduced settlement, or let it continue to court

(assuming they dont discontinue, which may be unlikely given that they turned up at the last hearing).

 

whilst there will be advice on here, you'll need to put things forward yourself in court

(unless you can get representation), and be prepared to counter what they might argue.

 

apart from any other issues in defence,

if they dont fully comply with the order eg the originals,

then you highlight any non compliance and ask for sanctions/poss strike out.

what the J will do or not re i dont know.

[isbo]

isbo

you need to decide whether to try negotiate a reduced settlement, or let it continue to court (assuming they dont discontinue, which may be unlikely given that they turned up at the last hearing).

whilst there will be advice on here, you'll need to put things forward yourself in court (unless you can get representation), and be prepared to counter what they might argue.

apart from any other issues in defence, if they dont fully comply with the order eg the originals, then you highlight any non compliance and ask for sanctions/poss strike out. what the J will do or not re i dont know.

 

OK Ford, thank you.

I can't get representation sadly.

What is my defence - that they have never provided me - until now - with these documents?

 

Points 4-8: everything I have has been posted.

 

Why go to court then?

 

I can't see points 4 to 8 in their witness statement - do you have them?

 

You tell me why? I've just followed advice given.

[Guest]

soz, meant to say '(assuming they dont discontinue, which may be likely (ie they dont discontinue) given that they turned up at the last hearing)'.

[isbo]

No no I understood you. I don't see them pulling out now.

[Guest]

OK Ford, thank you. I can't get representation sadly. What is my defence - that they have never provided me - until now - with these documents?

.

what is your defence, you tell me?

you'll need to know it if it goes to court. otherwise, they prob will 'bamboozle' you.

 

again, its as per that direction n0. 7 re the copies.

 

then there is the order re bringing the originals to court.

if they dont, what wld the J do?

(why i wondered what happened at the hearing in yr absence, did they turn up with the originals)

[isbo]

That I have never received any of the documents that they say they've sent. The 'bamboozling' is the concern I share, Ford.

[Guest]

well, what wld be the consequences of an CCJ in your circumstances.

wld you be able to pay it off in full in 28 days.

otherwise get an instalment order to pay it off (but with an ccj). are you concerned about you're credit rating, etc.

 

if a ccj is of concern etc, and you're not up for court,

then maybe consider negotiation via a tomlin order payment schedule. and then get on with life.

 

do you have a sound defence, other than the order for the originals.

maybe then as others suggest,

ask them for a prior exact copy of the originals as directed to assist in poss settlement prior.

 

all things to consider, i dont know.

post up your thoughts.

[isbo]

I wouldn't be able to pay it within 28 days, no sadly not.

I'm trying to rebuild credit rating.

 

When I received the CCJ threat back in March/April I saw this forum and posted up what was happening, and have taken the advice and lead from then onwards.

 

It would be extremely upsetting to come this far, and having spent a not inconsiderable amount of time and money with copying and postage, to lose now.

[isbo]

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.

This was on page 1 of this thread.

[Guest]

I wouldn't be able to pay it within 28 days, no sadly not. I'm trying to rebuild credit rating. When I received the CCJ threat back in March/April I saw this forum and posted up what was happening, and have taken the advice and lead from then onwards. It would be extremely upsetting to come this far, and having spent a not inconsiderable amount of time and money with copying and postage, to lose now.

take it all the way then. but be prepared to stand your ground in court should it proceed to.

maybe no harm then though in seeing, without prejudice, what they wld settle for without going to court?