HPH2/Cohen Claimform - No proof of debt ownership,

[AndyOrch]

Okay check your defence above now.....I have edited slightly.

 

You can email the defence .

 

Regards

 

Andy

[Turning Worm]

:rockon:Brilliant, thanks a lot!

I've got it transferred to the local court, so I am going to take it in in person.

I will keep you informed.

[Turning Worm]

OK, update as promised

HPH2 have come back with a Notice of Assignment. However, that document is not in my files and I have no recollection of seeing such.

Is there any course of action from here?

tw,

[dx100uk]

wait to see if they progress the case

they have 28 days from the service of your defence on them

[Turning Worm]

Well, my defence was sent on 13th March 2017,

HPH2 came back with the Notice of Assignment around 4th April,

it is now 13th June, more than 28 days, and I have heard nothing further.

 

Might I presume that no further action is likely, or needed; and consequently where they "trying it on"?

tw,

[AndyOrch]

Well the claim will be stayed.....whether the claimant wishes to proceed in future is unknown subject to whether they have the documents or whether its financially viable ....time will tell.

 

Regards

 

Andy

[Turning Worm]

wait to see if they progress the case

they have 28 days from the service of your defence on them

 

Well the claim will be stayed.....whether the claimant wishes to proceed in future is unknown subject to whether they have the documents or whether its financially viable ....time will tell.

 

Regards

 

Andy

 

 

 

So, really, that 28 days means nothing as they can still proceed if they want?

[AndyOrch]

So, really, that 28 days means nothing as they can still proceed if they want?

 

Within a given acceptable time...we have known 2/3/years..but the longer they leave it the harder to convince a court....and dont forget it costs £255 to proceed after 28 days....always off putting for the DCA when they have to lose profit in their investment.

[Turning Worm]

if they had any reasonable chance then they would most likely to have acted already.

They would then have to have a good reason for not notifying the court on time, and I have not had any indication of any.

 

They took it almost to the line before the debt became statue barred anyway (8% apr statutary interest)

 

My thoughts then are:

realistically,

then the probability of a DCA persuing at this stage is quite low,

but I should just be aware that sometimes they might.

 

I'll give it a few more months before reporting again (maybe then "close" this thread)

Thanks again

[AndyOrch]

Any other DCA pursuing is unlikely as the debt is subject to litigation even though stayed..and we dont close threads

[dx100uk]

std course of action for a speculative claim outcome really.

 

 

they hoped for a non contested default rubberstamped judgement

whereby no human looks at anything

you found cag....

 

 

now go enjoy your life

 

 

dx

 

 

 

 

 

 

 

 

 

 

in restaurants people tip the waiter.....

[Turning Worm]

Its a good idea not to close threads. OK, the saga goes on as per post #23 nearly a year on as my defence was submitted about 13th March 2017 (post #30)

I've managed to recover a frame of mind to deal with it (having just delt with a unrelated legal matter).

They have reopened the claim and there is a court date on 23rd March (Friday)

I'm not panicking, just looking for an angle to present at court.,tw

[shamrocker]

Your angle is already laid out in your witness statement. Have you done one?

[Turning Worm]

Your angle is already laid out in your witness statement. Have you done one?

 

err... no, I thought that was for criminal proceedings. No one has told me to write one.

What might that ential in this case? ,tw

[AndyOrch]

If you know the date " court date on 23rd March " ...then you must have submitted a DQ and received a Notice of Allocation (N157)...which contains the directions for both parties to prepare for the hearing.....which involves submitting your standard disclosure and witness statements by the dates stated......have you read your Notice of Allocation......properly ?

 

This is what happens when you dont regularly update your thread.

 

Failure to comply with directions could lead to your defence being struck out.

[shamrocker]

err... no, I thought that was for criminal proceedings. No one has told me to write one.

What might that ential in this case? ,tw

 

In your case, as defendant, it will outline any matters you wish to use in defence of the claim. i.e. why the claimant should not succeed with their claim.

[Turning Worm]

Righto, I'm just getting flummoxed by procedural terminology - that was done as per post #23; I gather that equates to my written defence (N149?)

 

I do not believe I have had a notice of allocation, but have had a notice of hearing (N24).

[AndyOrch]

Scan and redact and upload everything you have received from the court since submitting the defence.

 

N149 /N150 is the Directions Questionnaire which allocates the claim to track and transfers the claim to your Local County Court.Then you receive the N157 Notice of Allocation.

 

N24 is to inform you of Judgment or Court Order.

[dx100uk]

could this not now be argued this is statute barred?

and the claimant solely issued the claim to stall the clock when they had no paperwork nor ever intended too hoping for a default non contested judgement?

[Turning Worm]

These are the latest two documents received from the court.

NB. My defence was submitted 13th March 2017.

 

dx: good call, how might I present that in court?

,tw

Edited March 20, 2018 by Turning Worm
date error

[AndyOrch]

Ring the court and ask what the hearing is for.

[Turning Worm]

Yes, it does just say a hearing without stating what it is for.

I have had some repeat documents from the Claimant. I assumed that the hearing was to hear the case.

I will ring them.

[AndyOrch]

No...this is separate to the normal process...it could be a case management conference to decide how the claim will be allocated...or it may be a hearing on application of the claimant to lift the stay and strike out/request summary judgment.

 

By repeat documents I hope there wasn't an application notice N244 ?

[Turning Worm]

I've just called the court who read the memo: "given the defendant's need of reasonable adjustment to participate, please list for allocation/directions"

So, I take it that this is an Allocation Hearing rather than a final hearing?

No, there was not an N244 included.

[AndyOrch]

Case Management conference then...not the trial hearing.

 

" given the defendant's need of reasonable adjustment to participate "

 

Did you put something in the DQ to prompt this ?