HPH2/Cohen Claimform - Barclaycard ‘debt’***Claim Dismissed***

[The Other Snowdog]

That's great Andy. Thank you so much. I can now get the N181 off to the relevant parties and hopefully the case will be reallocated to the small claims track. I'll then just have to wait to see what comes next...

Thanks again, Snowdog

[The Other Snowdog]

Hi all. Just a quick update. I sent back my N181 form well before the due date but it is now over a week since the deadline for submission and I have not received anything from the claimant. Is this relevant to the case?

[martin2006]

Its for the courts to process and allocate to track now, patience as they are very busy, mine was a fortnight longer than expected

[The Other Snowdog]

OK Martin. Thanks for the reply.

 

 

It seems whenever the claimant is asked to provide something they fail to comply

and I was hoping this would somehow go against them.

 

 

As things stand I have received no directions from the claimant so have no idea what they expect of me.

Doesn't that put me at a bit of a disadvantage?

[martin2006]

Well if as you suggest they miss the deadline and do not send things back on time then i would call the courts and find out where the claim stands. If they have missed the filing deadline the case should get stayed.

 

Worth a call to court to see where its at

[The Other Snowdog]

Thank you again Martin.

[AndyOrch]

Well if as you suggest they miss the deadline and do not send things back on time then i would call the courts and find out where the claim stands. If they have missed the filing deadline the case should get stayed.

 

Worth a call to court to see where its at

 

Struck out not stayed:-)

[The Other Snowdog]

Hello again everyone.

 

 

Further to my posts above I received notification from the court that my case has now been allocated to my local court.

 

 

On logging into MCOL it seems that Hoist eventually filed a DQ to the court,(almost a month late), but did not send one to me.

 

A couple of days ago I received a Standard Order for Stay for Settlement with Consent of All the Parties.

 

 

As you will know, this order gives three options which must be complied with by the deadline:

Either

The claimant must notify that the whole of the claim has been settled

Or

The claimant or defendant must write to the court requesting an extension of the stay period explaining the steps being taken toward settlement

Or

All parties must file a completed directions questionnaire.

 

Since I am not going to settle and I have already submitted a DQ, (would there be any requirement to submit another one?)

 

 

this leaves me with option 2.

 

 

I'm not really sure how to proceed with attempted mediation.

Would it be appropriate to write to Hoist asking them once again to provide the evidence I have previously requested?

 

 

It seems to me that there is little else I can do in terms of mediation, and Hoist will not accept anything other than a full settlement or agreed payment arrangement.

 

Any advice would be very much appreciated.

[AndyOrch]

Any dates on the order Snowdog ?

 

Andy

[dx100uk]

 

 

It seems to me that there is little else I can do in terms of mediation, and Hoist will not accept anything other than a full settlement or agreed payment arrangement.

 

Any advice would be very much appreciated.

 

 

so they've found enforceable paperwork then and sent it to you?

[The Other Snowdog]

Hello DX. No, they haven't. I haven't received anything.

[dx100uk]

Then you tell mediation that when required

[The Other Snowdog]

I'm trying to clarify exactly how the mediation process will begin, and how much it should cost.

 

I've been doing a bit of research online but I'm still not 100% clear.

It would seem that the court will contact both parties if indeed both have agreed to mediation.

 

This is from http://www.smallclaimscourtgenie.co.uk

 

'If a mediation is to take place,

the court office will be in touch to arrange an appointment.

If you don’t hear from the court within a fortnight of filing your directions questionnaire, give the court a call to remind them you want to use the small claims mediation service'.

 

Is this correct?

The letter I referred to in my post yesterday doesn't make clear how the mediation process will or should unfold.

 

Also, this website states that the service is free,

but other sources say that the cost would be £300 for a three hour session.

 

I'd be really grateful if someone could clarify this for me.

Where should I go from here?

 

Andy, apologies, I just saw you had also replied.

To answer your question, the dates on the order are as follows...

 

The steps mentioned in my post yesterday should be taken on or before 22nd July

and the claim is stayed until 5th August.

 

The order is dated 29th June at the bottom

but 6th July at the top.

I received it a few days ago.

[dx100uk]

If you use our search cag in the red toolbar above

You'll find 100,s of like threads

Mediation is free they 'the mediation service'

Will write and/or ring you

 

When they ring

They will ask a series of set questions..one of which is have you received everything you asked for from the claimant

 

Then as I said in post 37

You say no.

[AndyOrch]

Mediation in Fast Track is not free and the parties have to cover their own costs...only free to Small Claims Track.

 

With regards to the dates on the order.....

 

 

Standard Order for Stay for Settlement with Consent of All the Parties.

 

On or before 22nd July either party must comply with the following

 

Either

The claimant must notify that the whole of the claim has been settled

Or

The claimant or defendant must write to the court requesting an extension of the stay period explaining the steps being taken toward settlement

Or

All parties must file a completed directions questionnaire.

 

So as A & B wont happen you must comply with 3 and submit a further DQ..this time opt for no mediation.

[dx100uk]

Oh yes its the one where they are claiming naughty years on back dated int

Sorry

[The Other Snowdog]

Hello again everyone. Apologies for the delay in replying. Thank you for all your comments and advice. I have now completed another DQ and will be posting it off to the court today. Still nothing from the claimant nor from the mediation service.

[The Other Snowdog]

Hello again everyone.

Sadly this continues to rumble on.

 

I received a letter from the court a few days ago ordering that I must provide a witness statement and copies of all documents I wish the court to see in deciding the case

. I have to provide everything to the claimants also.

 

as for the witness statement,

I will do my research on this forum and put together my own witness statement and then post it on here for critique and approval if that's ok.

 

Regarding the copies of documents,

I am thinking that the only relevant documents I have are the letters I have sent to Hoist and Cohen, along with proof of postage and proof of receipt in the form of signatures from Royal Mail, and also the replies I have received from them.

Would you agree with this?

 

Also, the letter went on to say that,

'...the court believes that your case is suitable for mediation.'

 

Given that in my last DQ I said no to mediation (as advised),

would it be appropriate to attempt to enter into mediation now?

Will it go against me if I don't?

 

As always, your invaluable help is very much appreciated.

[The Other Snowdog]

Hi. Further to my most recent post, I'd be really grateful if someone could have a look over my first draft witness statement please. In addition to this I will be submitting copies of letters I have sent along with proofs of receipt, and also the replies received from Hoist.

 

Thanks for your help.

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Except where otherwise mentioned in this defence, The Defendant neither admits nor denies any allegation made in The Claimant’s Particulars of Claim and puts The Claimant to strict proof thereof.

 

3 The defendant is unaware of any assignment of the purported account and denies receipt of a Notice of Assignment.

4. As the purported Assignee of this alleged debt the claimant would not be aware whether a Default Notice pursuant to the consumer credit Act 1974 had been served or not.

5.Notwithstanding the above, The Defendant made a request under the consumer credit Act 1974, by way of a section 77/78 for a copy of the agreement.

 

6. The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim.

 

7. . It has been confirmed via the Royal Mail website that the above mentioned CCA s.77/78 and CPR 31.14 requests were received and signed for. The claimant has failed to respond.

 

8.It is therefore not accepted that The Defendant owes The Claimant any monies and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears; and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

9. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

10. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

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

[dx100uk]

that's an embarrassed defence - not a witness statement...

and its contrary to what you filed as your defence in post 5

we don't use that one anymore anyway

[The Other Snowdog]

OK thanks DX. I'll try again.

[dx100uk]

just use our search cag box of the red top toolbar

 

 

claimform card witness statement

 

 

dx

[The Other Snowdog]

Thanks for the suggestion DX.

I have now produced a second draft witness statement.

I'd be really grateful if someone could have a look over it for me.

 

In the XXXXX County Court Claim Number XXXXXX

 

XXXXXXX Claimant

XXXXXXX Defendant

 

WITNESS STATEMENT of XXXXXXXXXXXX

 

1. I, xxxxxxx, the Defendant in this claim make the following statement believing it to be true. The facts in this statement come from my personal knowledge.

 

2. I have in the past had an agreement with Barclaycard but I do not recognise the specific account number or recollect any outstanding debt.

 

3. I am unaware of any Notice of Assignment or Default Notice in relation to the alleged debt.

 

4. In response to a claim form relating to the alleged debt received on xxxxxx

I made a request to the Claimant for information by way of a s.78 request. (Exhibit xx1).

This was posted on xxxxxx and signed for as received on xxxxxx (Exhibit xx2).

 

 

I also made a request for information by way of a CPR 31.14 request to the Claimant’s solicitors (Exhibit xx3).

This was posted on xxxxxx and signed for as received on xxxxxx (Exhibit xx4).

 

5. On xxxxxx I received an acknowledgement of my s.78 request informing me that the Claimant’s solicitors were in the process of retrieving the documents requested. (Exhibit xx5)

 

6. On xxxxxx I made a further request to the Claimant for information by way of a s.78 request. (Exhibit xx6).

This was posted on xxxxx and signed for as received on xxxxxx (Exhibit xx7).

 

7. On xxxxx I received an acknowledgement of my s.78 request reiterating that the Claimant’s solicitors were in the process of retrieving the documents requested. (Exhibit xx8)

 

8. On xxxxxx I posted a copy of my Directions Questionnaire to the Claimant’s solicitors as ordered by the Court.

This was signed for as received on xxxxxx (Exhibit xx9).

 

9. To date, the Claimant has yet to comply with my s.78 requests.

 

10. To date, the Claimant’s solicitors have yet to comply with my CPR 31.14 request.

 

11. To date, I have not received a copy of the Claimant’s Directions Questionnaire.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed

 

Dated

[The Other Snowdog]

Hi. Would someone be able to review my witness statement as requested please? I am trying to ensure I submit this to the court well within my submission deadline so I would ideally like to put it to bed by the end of the month. I have done my research and am hopeful that this second draft is ok in terms of content and format. I'd obviously prefer to have this confirmed before I submit it though. Thanks for your help.

[AndyOrch]

It will suffice....as I dont suppose you could state anything further...but be aware ...when/ if the claimant does disclose all the documents requires (which they are not yet compelled to do so ...that comes later in the process) your witness statement will not contain any valid points or arguments to challenge the claimants claim...as your witness statement is all about a section 78.

 

Andy