Hoist/cohen claimform - Ex Barclays card 'debt'

[Aliw04]

What should I do next ? Should I just wait for court to send me a hearing date and then submit my WS ?

Should I just ignore Cohen letter in which they say to respond in 14 days ?

[AndyOrch]

You need to check if a Notice of Allocation (N157) has been served from your Local County Court...assuming its been transferred from Northampton MCOL

[Aliw04]

I never received any Notice of Allocation to my local county court. It’s been transferred from Northampton to brentford CC since 20-02-2017.

[AndyOrch]

It’s been transferred from Northampton to brentford CC since 20-02-2017.

 

So its been transferred then ...but to the wrong County Court ?

 

And if you know this then you must have a Notice of Allocation?

[Aliw04]

I don’t have it. I only find this information day b4 yesterday when I rang up Northampton to find out status of claim.

After I rang brentfordCC who said claim is active and they sent the status of claim in post in next 7 days

[AndyOrch]

So what is your county court Aliw04 ?

 

Not Brentford ?

[Aliw04]

My local CC is brentford

[AndyOrch]

I never received any Notice of Allocation to my local county court. It’s been transferred from Northampton to brentford CC since 20-02-2017.

 

Then it has been transferred to your local county court...and you are awaiting the Notice of Allocation N157 from your local county court Brentford...which will tell you how the claim will proceed and by what date you will have to submit your witness statement and disclosures.

[Aliw04]

Hi Guys. Just received letter from my local CC. The claim is been allocated to small claim track.

[AndyOrch]

Letter being " Notice of Allocation " ?

[Aliw04]

Yes.

[AndyOrch]

Read the directions and start preparing your witness statement and disclosures

[Aliw04]

As per direction of the court both parties to submit the documents by 28-05/2018 to each other and court.

 

As I haven’t received anything from Cohen till today

I rang them up to see which date they will post the documents to me so we can have simultaneous exchange. Because last thing I want to do is to send them my WS and they make amendments to theirs.

 

To my surprise Cohen told me that the part admission you submitted (very very first time) it’s been accepted by our clients. When clearly it was rejected by the court.

 

Afterwards when I took advice and requested CCA and CRP reports I mentioned that I wish to contest Whole of the amount claimed. And I still wish to do so.

 

When I asked Cohen that when did their Clint accepted this part admission ?

They said very recently. But they did not send any letter to me about this.

 

This is the latest situation.

What should I do now ?

 

Please advise.

Thanks

Edited May 23, 2018 by dx100uk
Spacing

[dx100uk]

Nothing dont change your tack

You should never ever ring a claimant nor their dogs!!

[Aliw04]

Ok. So I will send my WS to the court. Should I send it to Cohen aswell ?

Should I attach covering letter to the court that Cohen did not send me any documents till date ?

[dx100uk]

Read the courts orders in the notice of allocation!!!

You need to post your WS here first to be checked

 

Get your finger out...as post 62

[Aliw04]

Ok.

I have written WS in bullet points. Is there any link as how to write professionally?

[dx100uk]

You dont need to

Simply mirror other WS's youll find on CAG

 

Use the search cag box of the top red toolbar

 

Claimform Barclaycard witness statement

[Aliw04]

Case reference XXXXXX

Claimant : XXX Portfolio Ltd.

1; I contest whole amount of the claim made by claimant.

2; I requested CPR 31.14 and CCA from claimant’s solicitor in Feb 2017.

3; On 02-03-2017 I received a letter from debt collectors that they have stoped all collection activity on this account.

4; On 03-04-2018 after more than 1 year I received some papers from claimant’s solicitor. Which seems to be incomplete.

5; Only 2 statements of the account was provided. One dated 27-09-2012 and other 28-08-2013.

6; Claimant did not show/prove that how I reached this amount.

7; There is only one late payment charge of 12 pounds. If late payment charges are included in final amount claimed, then how many of these charges in total are included.

8; No transaction history provided by claimant.

9; The terms n conditions provided by claimant are not signed by me. Those terms n conditions provided are from 2 different years. One from 2005 and other 2012 with my name typed on both of them.

10; Overall the claimant has no solid grounds to prove that the money is owed.

11; I declare that all information provided above is true and best of my knowledge.

 

 

Thats i have written so far. Kindly advise if i need to add or remove anything.

Thanks

[dx100uk]

refer to post 68

T&C don't have to be signed

[Aliw04]

Ok. I amend that bit.

Anything else I can add ?

[Aliw04]

Dear Mr Ali

 

Re:xxxxx Portfolio Holding 2 Limited -v- Mr Xxxxx

Claim no: Xxxx

Hearing 15 August 2018 at xxxx

 

We confirm that our client have considered the Part Admission filed, where you accepted the sum of £900.00 and offered to repay the sum by monthly instalments of £10.00 per month.

 

Our client have instructed us to accept this offer of repayment, accordingly a request for judgment has been submitted to the court for the amounts you have accepted.

 

We therefore do not intend to file any documents and we have asked the court to vacate the hearing.

 

Kind regard

 

 

Just received this from Cohen. Part admission was rejected by court previously. I do not intend to enter any addmison now. Neither I agree to any amount claimed. They are just trying to play around.

[dx100uk]

good

[AndyOrch]

Why would the court reject your part admission...on what grounds....they simply send it to the claimant ?

[Aliw04]

I will just go ahead and file my WS with court. Should I amend WS and include my position on previous part admission ? And send one copy of WS to Cohen aswell as directed by court ?