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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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1972mum

Hoist/Cohen claimform - Barclaycard***Claim Struck Out***

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I've been reading through the forums for a while but just am getting a bit nervy now!

 

Im at the stage where after submitting the defence, ive got the Defence questionnaire re the small claims track.

 

Hoist still haven't responded to my requests for info, and ive not had anything back from Cohens either and the requests were sent at the end of April.

 

Before it got to this stage, Id spoken to the litigation department twice requesting correspondence - in the second call, the Hoist person said that they wouldn't be sending me any requested info...

 

Am i correct in thinking that i now tick the mediation box and take it from there?

 

I then explain about the requested information not being provided - assuming it still hasn't by then?

 

Sorry if this has been said loads before, but i just need to know for my own peace of mind!

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Pleaseo tell us more about the debt as has been asked above.

 

In terms of mediation, you should read around this forum and see what we have to say about mediation.

 

Mediation is generally unsuited to these debt matters and even the mediation service says so on their webpage

 

Solicitors and other organisations when dealing with litigants in person are generally not qualified to enter into any mediation process and the approach seems to be that it is an opportunity to get the litigant in person to give up some of their rights. This is not at all the purpose of mediation.

 

I'm very interested to hear that hoist are apparently refusing to give you any further information. In addition to the case in detail requested above, please can you tell us what you have asked for and what it is they are refusing to give you.

 

I'm also concerned that you are dealing with them on the telephone but I'm quite sure that you are not recording any calls so you have nothing set down in evidence to show any lack of cooperation or reasonable behaviour to you. You should read our customer services guide and implement the advice there.


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Hi BankFodder, I'm not dealing with them by telephone. That was before I'd got all the court stuff through.

I am at work at the moment so will update further later.

Many thanks

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if the claimform was in april

have you checked with the court that they've paid the fee to unstay the claim?

as I expect it got well stayed if they didn't respond within 28days of your defence filing date?


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if the claimform was in april

have you checked with the court that they've paid the fee to unstay the claim?

as I expect it got well stayed if they didn't respond within 28days of your defence filing date?

 

They must have if the court has sent the N180 ?


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Maybe I'm just being fanciful, but I'm playing around with an idea that if a claimant acts unreasonably and for instance fails to respond to a CPR 31 request, whether they aren't then treating the defendant unfairly which might give a basis for a counterclaim based on COBS.


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The claimant is not compelled to comply to a CPR request as its only a civil request.....disclosure of documents will only happen after a defence has been submitted and only at the appropriate stage...after allocation of the claim.

 

As for a CCA section...they will remain in default and unable to enforce the agreement until such time they can comply


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Oh well… I'll just keep on dreaming.


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Oh well… I'll just keep on dreaming.

 

:wink:


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Name of the Claimant - HOIST

 

Date of issue – 20 APRIL 17

 

What is the claim for –

 

1.this is for the sum of £8004 in respect of monies owing under an agreement with the account no.....pursuant to the consumer credit act 1974(cca)

the debt was legally assigned by mkdp llp (ex barclaycard) to the claimant and notice has been served.

2.the defendant has failed to make contractual payments under the terms of the agreement. a default notice has been served upon the defendant pursuant to s.87(1)cca.

What is the value of the claim? £8514.85

 

Is the claim for - CREDIT CARD

 

When did you enter into the original agreement before or after 2007? WAY BEFORE!

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor? MAY HAVE DONE MANY YEARS AGO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? HUSBANDS BUSINESS FAILED - COULDNT AFFORD AS OTHER DEBTS TOO

 

What was the date of your last payment? NOT SURE I NEED TO CHECK

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management planicon? DEBT ADVICE SERVICE CONTACTED BARCLAYCARD IN APPROX 2013 -

 

my husband contacted robinson way litigation dept on 26 april,

who told him that no copy correspondence would be sent to me even though i was requesting it.

 

submitted n9 acknowledgment of service - 27th april 17

 

cpr 31.14 to cohens sent 27 april 17 - nothing received as at todays date

 

cca request sent to hoist along with postal order 27 april 17 - nothing received as at todays date

 

received a letter from robinson way 8th may stating

"we write to confirm that we have noted the dispute/query you have raised.

we will make the necessary enquiries and let you know the outcome in due course.

in the meantime we will stop all collection activity on this account"

 

defence was filed 17 may 17, using the standard defence off here.

 

acknowledgement of defence was received dated 17 may 17.

 

ni49a - notice of proposed allocation to the small claims track dated 20 june

- have to reply by 7th july.

states now a defended claim etc.

 

so, back to my original question,

what do i do now!

do i say i want the case referring to the small claims mediation service?

 

(Just realised all in caps sorry! long day and doing this at gone midnight!)

 

Many thanks

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N180...

 

you say yes to mediation unless you filed an SB defence

then theres nowt to mediate over.

1 wit you

the rest is onv

 

copy to court

copy to claimant sols

you can omit sig/phone/email


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Thank you. Just one of the other posters made me doubt I should be choosing mediation!

But I don't put my number on? Is that a stalling tactic?

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there is no legal requirement to give the solicitors you sig/phonee or email details

simply gives them an easy route to pester you .

the court copy should be unredacted mind.


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Do i fill the other sections in too? ie C and D?

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Do i fill the other sections in too? ie C and D?

 

You complete all of it

 

https://www.moneyclaimsuk.co.uk/PDFForms/N180.pdf


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I've got my mediation call tomorrow and worried as to what I say! Do I go on the lines of "how can I agree to pay anything when I don't have the details of what it is? (I've never received any of the paperwork requested from hoist or cohens) Sleepless night tonight for me!

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Then simply state you have received nothing from the claimant.......mediation will end..you get a good night sleep :-)


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Lol. Think I can manage that! Thank you 😊

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My mediation call was 10am.

 

Really nice guy phoned me, then phoned Cohens.

 

When he phoned back, he said they have sent you all the relevant paperwork over by email in the last 30 mins....

(email must have been on file from a long time ago).

 

They sent the info at 9am - i requested it 27 April.

 

The mediator told me he'd call me back in the morning when I'd had chance to look at the email.

 

They have sent me a blank agreement - nothing on it at all.

No name, dates etc.

 

They also sent a copy of assignment from Barclaycard to mkdr and another to Hoist.

 

Do I have a leg to stand on?

 

The agreement was taken out in 1995 apparently if that's of any relevance?

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no dice on a blank application form I bet

will need to be a copy of the signed agreement

all the relevant T&C's

and the default notice from the OC.

 

 

I bet this is a copy of the blank 620000 crap they all turf out from their filing cabinets

its even on here in many Barclaycard claimform threads


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Sorry for poor quality.

 

when i have another call tomorrow,

I can say that I havent got a signed agreement as requested or a copy of the default notice?

CCA return.pdf

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That is not your agreement. It has to have your details on it to be valid in regard to the current claim.


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utter bogroll

 

 

you tell mediation you have not received all the required paperwork to enable you to proceed with mediation

but not THE SPECIFICS.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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