Hoist/cohen claimform - old Barclaycard 'debt'

[winty67]

Thanks dx, have replied to the mediation service suggesting that it is not suitable as I have had no reply/ paperwork as evidence of the claim

[winty67]

Have received court date 4th August 2016, allocation to the small claims track. I need to prepare a witness statement, would the statement in #23 be ok?

I have been looking in case successes but cant find any!

Cheers

[AndyOrch]

Have received court date 4th August 2016, allocation to the small claims track. I need to prepare a witness statement, would the statement in #23 be ok?

I have been looking in case successes but cant find any!

Cheers

 

It will make a start...needs a little tweaking...and you may receive the claimants WS in the meantime...don't forget to do your disclosure also by the dates stated.

 

Andy

[winty67]

what is the disclosure? is this the witness statement and defence document?

[AndyOrch]

Its part of the Directions and your WS is part of the disclosure...your Notice of Allocation may refer to it as " submit all your evidence/documents to the court by xxxxxx "

 

Disclosure is every document your defence relies upon...CPR request..and response ...CCA request and response etc..etc..If you dont disclose your requests you cant rely on them as your evidence.

[winty67]

Ok so send a copy of the witness statement to Howard Cohen, and the rest of documents inc witness statement to the court. I will tweak the witness statement as best i can and repost

Cheers

[AndyOrch]

You send everything to the court and the claimant..they are expected to do likewise.

[winty67]

Is this ok for the witness statement, appreciate I have to head it with case name and claim number.

 

1.The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence.

 

2. I have made a section 78 request to the claimant on 14 March 2016 and the claimant has failed to respond to this request.

 

3. I have made a request for disclosure to the claimant persuant to Part 31 of the Civil Procedure Rules on 14 March 2016, for me to properly respond to the claim, and the claimant has failed to respond to this request.

 

4. It is Not admitted that I signed any agreement with Barclaycard . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

5. It is averred that before Proceedings may be commenced the Claimant or MKDP LLP/Barclaycard must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act.

 

6. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof.

 

7. It is not admitted that any alleged agreement was lawfully assigned to the Claimant. The Claimant is put to strict proof that such a lawful assignment took place. Without this proof, the Claimant has no standing before the court.

 

8. Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing.

 

9. In any event and pursuant to the County Courts (Interest on Judgement Debts) Order 1991 the claim for interest pursuant to Section 69 of The County Courts Act 1984 is denied.

 

10. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

 

11. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

 

 

 

Statement of Truth

I believe that the facts stated in this defence are true.

[AndyOrch]

[winty67]

Thanks Andy, will send it today, with all other papers. I still have not had anything from Howard Cohen or Hoist.

[AndyOrch]

Whats the deadline for submitting?

[winty67]

Court date 4th August so I calculate 21st July (Thursday)

[winty67]

I am posting to Howard Cohen today, and delivering by hand to the court tomorrow

[AndyOrch]

Okay...you can't wait much longer...looks like they are either not serving theirs on you and possibly the court also

[winty67]

No papers served to me or to the court, I emailed the court and they confirmed that the Judge will decide at the hearing if they can use any papers not served upon me or the court as per the court/judge guidelines, but will put a copy of my email and that I will have to let the judge know that I havnt been served any papers.

Seems a bit odd that they can still proceed with their claim even after not complying with the courts direction.

Will see on Thursday.

[AndyOrch]

They can proceed...but with verbal evidence only...bit difficult describing a credit agreement and your signature:madgrin:

[winty67]

do you think they will represent themeselves at the hearing?

[AndyOrch]

Who knows...may not even turn up or even discontinue before the hearing