Hoist/Cohen claimform - old Halifax Card 'debt'***Claim Discontinued***

[spesh88]

Thanks Ford, Andy.

 

I've completed and printed form N181 as outlined above following your feedback and it's ready to go.

 

Question: In both D2. and D4. I have written "Please see section I - Further Information." and included the details there, as both D2. and D4. entry boxes are so small that I cannot fit all the listed info inside. I assume this is okay?

 

Can I please double-check that I do not need to do anything regarding directions?

 

The letter states "You must... c) file propose directions (whether or not agreed) with the Directions Questionnaire." and form N181 states "Whether agreed or not a draft of the order for directions which you seek must accompany this form." In addition, under D2. Track, it states "If you have indicated in the proposed directions a track..."

 

I'd just like to be 100% certain that once I have sent this pack without directions, I have no further obligations to the court until I next hear from them.

 

Thanks again for your input.

[AndyOrch]

Well I assume that you have not been approached by the claimant re Directions...and therefore it looks like both parties are opting for SCT.

 

Simply submit it to the court now and a copy to the claimants Sols...if the court disagree re the track they will advise and further request agreed directions.

 

Andy

[spesh88]

Thanks Andy.

 

So one copy to the court and one to Howard Cohen and Co. Solicitors.

 

Correct?

[AndyOrch]

[martin2006]

correct spesh with a short covering letter stating along the lines of:

 

Please find by way of service, Directions Questionnaire as supplied to the court/claimant's solicitors (delete as appropriate depending where its sent to)

[spesh88]

Thanks Andy, Martin.

 

N181 with cover letter sent to CCBC and Cohen today signed for 1st class.

 

I await the next step...

[spesh88]

For reference, they were both received and signed for last Friday (24th June).

[martin2006]

Next will be the notice of allocation to sct with further directions

[spesh88]

Received a letter from CCBC today (18th July) , but it is dated 9th July! A bit worried, your advice appreciated.

 

Quite a lot in it, but it seems it is just a copy to me of a letter sent to the claimant saying they have 7 days to file the directions questionnaire. But it also says there are only 7 days to have the order set aside, stayed etc.

 

Do I have to take any action?

 

Extracts below...

 

"General Form of Judgement or Order...

 

The claimant, you have been sent Notice N149A, B or C which specified...the date by which you were to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with the CCBC by the date specified in form N149.

 

IT IS ORDERED THAT

 

The claimant must file the directions questionnaire with the CCBC on or before 7 days from the service of this Order with CCBC.

 

...

 

This order has been made without a hearing under the Courts case management powers contained in Civil Procedure Rules. The parties have the right to apply to have the Order set aside, varied or stayed.

 

A party making such an application must file the application with the CCBC (together with any appropriate fee) within 7 days of service of this order.

[dx100uk]

oh dear looks like the claimant has failed to file their DQ then I bet

7 days is well up now

 

 

no harm in phoning the court and asking if they did file

and what is going on..

 

 

might have already been struck out? and you've already won?

 

 

not sure

[spesh88]

Unfortunately not struck out

 

Just called CCBC and they said it has been transferred to my local court and that I would get a letter saying that in the post.

 

So presumably after that the next step is a hearing date from my local court? How will I know if it has been transferred to small claims court?

 

Any further action required by me at this point?

 

I guess things are getting serious now.

[AndyOrch]

 

So presumably after that the next step is a hearing date from my local court? How will I know if it has been transferred to small claims court? You will receive a Notice of Allocation with the courts Directions.

 

Any further action required by me at this point? No

 

I guess things are getting serious now.

Not really

 

Andy

[spesh88]

Just received a 'General Form of Judgement or Order' from my local claw courts dated 16th August. Your advice appreciated regarding what action I must and should take.

 

"Upon reading the statements of case and directions questionnaires filed

 

IT IS ORDERED THAT

 

1) The Claimant shall by 4pm on 30 August 2016 send to the court and to the Defendent copies of the agreement, default notice and notice of assignment referred to in the particulars of claim

 

2) The Defendant shall send to the court and to the Claimant a further statement of case by 4pm on 13 September 2016. This must set out a coherent statement of facts which, if true, amount in law to a defence to the claim.

 

3) Upon compliance with paragraphs 1 and 2 of this order the court file shall be referred to District Judge XXXXX for further directions.

 

4) Because this Order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

 

Dayed 26th July 2016"

[dx100uk]

Great means if they don't comply puts you in the driving seat

Could get struck out

[Guest]

nice para 1, copies of the docs req'd.

lets see if they object....

[spesh88]

So just wait until the 30th?

 

What should I be sending in a further statment?

[AndyOrch]

So just wait until the 30th?

 

What should I be sending in a further statment?

 

You cant comply with point 2 until/if the claimant complies with point 1.

 

Andy

[spesh88]

Today I received a letter from Howard Cohen & Co.

 

"...After further consideration, we have been instructed by our client to discontinue County Court proceedings against you. Therefore, please find attached our client's Notice of Discontinuance. We confirm that the same has been filed at the court. We trust this concludes the matter."

 

So, that's good, right?

[AndyOrch]

Thats perfect spesh...well done....thats the end of the claim

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[spesh88]

Thanks for all your help (and dx too), I definitely would like to make a donation.

 

A couple of further questions I'd like to ask if you don't mind.

 

1) Under what circumstances can they bring this back to court and how long do they have to do so?

 

2) If this showed on my credit rating, would it 'disappear' this month, if I had defaulted Sep 2010?

 

It will be 2018 before 6 years have passed since I last made payment,

but the default notice was issued September 2010.

 

 

It is my understanding that they need the permission of the judge to bring this back to court

- presumably a judge would want to see the documents previously requested

- if they could produce them, then I assume the case could go back to court prior to 2018?

[dx100uk]

1 none

 

 

2.yes

 

 

they can start a fresh new claim or sell it on

 

 

but I very much doubt either.

 

 

dx

[spesh88]

Thank you

[martin2006]

Fabulous news spesh, very well done.

[Guest]

they cldnt comply with para 1 of the order, so they bogged off

[spesh88]

Just had a letter from the court stating:

 

"IT IS ORDERED THAT

 

1. Unless the Claimant, by 4.00pm on 21st October 2016, complies with paragraph 1 of the order made on 26th July 2016 the claim shall be struck out."

 

Also says that if they do comply, I have until 4th Nov to comply with paragraph 2.

 

I assume all of this is just tidying up the case from the court end and no further action is likely to be taken. It does surprise me however, how long it has taken to get to this stage and also, that the deadline is just one day after I received the letter!

 

With regards to another issue I brought up earlier, my credit file (at least according to noddle) still claims that I owe Hoist £9.2k despite this case (perhaps it will disappear once struck out?) and despite it now being over 6 years since I originally defaulted. The last update to my file was Oct 2016 saying "account has defaulted" as it has done throughout. Any advice on this? I can dispute via noddle I think, but other than that, not sure of how to proceed.