Hoist/cohen claimform - Old LLoyds Credit Card debt poss SBd ***Claim Discontinued***

[dx100uk]

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

..ends..

[PerceptionReality]

OK, I've sent the request for CCA information.

[dx100uk]

don't forget to file that defence and get the CPR running too!

[PerceptionReality]

I have sent asking for the information.

As I said I'm almost certain I didn't pay anything for at least 6 years but this advisor saying I paid £1 has made me second guess myself.

 

I've logged into the account online and it does look easier to understand how the process works now I've seen that.

 

If the court decided the debt was not statute barred would they order me to pay it in full immediately?

 

 

Because I could not do that.

And I don't have anything that could be claimed by bailiffs either.

My car belongs to my mum...

[dx100uk]

claimants got to prove YOU made the payment and the method and it not being a one off random one.

 

 

oh and ofcourse provide enforceable paperwork you've asked for in the CCA request [which is fatal if they cant]

and the sols have got to provide the required docs by CPR..

 

 

get on with that SB defence.

[PerceptionReality]

I will do that. I think on balance its the option I would be happiest to take.

[PerceptionReality]

I am at the stage where the court has asked me to agree to the claim being dealt with via the small claims track, locally which I have.

Today I've received a letter from Howard Cohen Solicitors which states

 

'We can confirm that in an effort to minimise our costs, our client will consider any reasonable proposals to discharge the debt claimed in these proceedings'

 

What does this mean and how should I respond, if at all?

[AndyOrch]

So we assume you submitted the statute barred defence....(you have not actually confirmed it)... now the claimant has to decide if they wish to proceed by submitting the DQ (the stage you are now at) and they must pay a further hearing fee..hence the letter you have received...as they didn't expect you to defend they are now willing to do a u turn..and accept anything.

 

Ignore their letter and complete and submit the DQ by the date stated..this allocates the claim to track and transfers it to your local county court.

[PerceptionReality]

Yes, sorry I submitted the statute barred defence. They have completed the questionnaire the same way that I did also but the letter was pinned to it.

[PerceptionReality]

So to be clear, we have both submitted the DQ

[AndyOrch]

Okay well next stage they have to pay an hearing fee...hence their begging letter pinned to their DQ.

 

Next you will receive the Notice of Allocation with the courts directions that you must comply with by the dates stated...and they must also pay the hearing fee by the date stated.

 

So no need to respond to their letter at all

[PerceptionReality]

Ok, many thanks.

[PerceptionReality]

Just a quick update to say that I have received a letter from Hoist Cohen to say that they have decided to discontinue the claim. Thank you for all your help!

[dx100uk]

hey welldone

you won.

 

dx

 

 

 

 

 

please consider a small donation to keep us here.

[AndyOrch]

Excellent ...thread title amended to reflect the outcome.

 

 

Regards

 

Andy

[PerceptionReality]

All thanks to you guys! You do a great job on here. The CAB told me to admit liability! It’s a very good thing I knew about this forum.