Hoist/Cohen Claimform - Ex Barclaycard mediation planned - what to expect please help!

[Josh2017]

thanks will go and check now, how are they even allowed to get away with this!

[dx100uk]

simply because debt collection and debt buying is the biggest monetary sector of the whole finance industry.

 

some 750'000 speculative claimforms are issued every year...

 

85% go uncontested resulting in a default rubbestamped judgement whereby no human checks anything.

 

its a numbers game.

 

if everyone [YES YOU TOO!!] stopped blindly paying DCA's tomorrow

the whole industry would totally collapse over night.....

[Josh2017]

Just noticed the address on the t`s and c`s was not the correct address at time of execution of the credit agreement

[BankFodder]

I have no idea why you think that you would gain any advantage from going to mediation.

 

Have you not read any of the things that we have said here in the past about mediation – about how unsuitable it is?

 

Have you not even looked at the official advice relating to mediation - https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Guidance/civil_court_mediation_service_manual_v3_mar09.pdf ? Even this official guide at page 9 makes it clear that mediation is probably not suited to cases involving simple debt.

 

Have you done any reading or any preparation?

 

I would suggest that you cancel the mediation. Contact the mediation service in writing and also the claimant in writing – you may as well just copy them in – and make it clear that you are not prepared to enter into any mediation unless they provide you with a proper copy of the CCA – as outlined by site team member DX above. Tell them very clearly that in the meantime you deny that you are indebted to them as they allege and this will continue to be your position until they can prove evidence of the debt by providing a signed CCA.

 

If there is no CCA – then there is no enforceability – and there is absolute nothing to be gained by you from mediation. Of course the other side have a huge amount to gain from a mediation on this unenforceable debt because they will attempt to get you to agree and to sign up to some kind of scheme of repayment.

 

Cancel the mediation in writing and explain why and tell them that once you receive the CCA then you will have a look at your options. In the meantime you consider that the debt is unenforceable and you are ceasing all payments.

 

Send them a statutory request for a CCA – I think it costs £1.

 

I also suggest that you write to them formally and send them an amended defence.

 

 

The defence should be set out with the header that you used in the one that you have already supplied. It should simply headed "amended defence"

 

And it should say:

 

The defendant denies that he is indebted as alleged by the claimant or at all.

 

The claimant has failed to provide a signed copy of the Consumer Credit Act agreement.

 

Statement of truth

 

Signed, dated

this is what you should have supplied in the first place and saved everybody a load of problems.

 

 

Incidentally, I see that you have been on the phone to them. Presumably you haven't recorded your calls?

 

Also, a word on the defence that you have supplied. It is verbose and immediately flags up to the other side that you have no idea what you're talking about and you are easy prey. This is probably one of the reasons why they jumped at the chance of getting you into a mediation.

 

Apart from anything else, your frequent use of the phrase (or thereabouts) "I do not recall…" Is completely unsuitable for a solid defence. It demonstrates that you are in doubt as to what you say and if it ever came before a judge, this very clear doubt that you have admitted to having will form the basis of a judgement against you.

 

I'm sorry to say that not only is the defence verbose but it is also an attempt to be formal and to adopt what you imagine is the legal vernacular. In fact this is the kind of language that I see used by student solicitors who are still doing their legal practice courses and still walk around as if they have a stick up their derriere.

 

In future, please come here before you start getting involved in any of this kind of thing. You will save yourself a lot of trouble – and also us as there will be fewer problems for us to sort out for you.

 

Geddit?

[dx100uk]

Just noticed the address on the t`s and c`s was not the correct address at time of execution of the credit agreement

 

good spot too.

 

just cancel mediation Monday

 

the defence is one of andyorch std ones and if fine for the old mkdp ex BC claimforms.

 

don't also forget hph2 [the hoist group] purchased mkdp group in 2013

[Josh2017]

Hi Bankfodder,

 

Thank you very much for your input and information I take on board what you say and yes with hindsight I should have played things out differently and came to you guys first.

 

The reason why I ticked yes to mediation was down to the fact last time this happened to me I was told to agree to mediation from a member of this site so assumed this was standard delay tactics.

 

The telephone calls I had with the claimant were not recorded although should I ever have to contact them again sure I will record for future reference.

 

With regard to the defence, This defence I used was copied from a claim I had previously been involved with that never made it to court, the claim was put together for me by a team member so I simply amended it and cut out the parts that had no relevance to this claim assuming what was good for one would be good for another similar case.

 

I have done lots of reading regarding mediation, claims and similar cases but none of what I read made me think I had to handle this claim differently to what I had been recommended to do previously,

 

In future I will leave this to the experts who deal with it daily, thank you for your help

[Josh2017]

Thanks for your help DX you had a late night mainly down to me and it was appreciated, did you manage to remove the sensitive info that i left on the pdf`s by mistake or would you like me to re submit them with it blacked out?

 

The defence was one i copied from Andy that gave me the outcome I wanted the last time I was involved in a claim.

 

Bankfodder / dx

 

Just to clarify my next steps:

 

Send a cancellation request off to mediation / Claimant Monday stating the reason:

 

"I am not prepared to enter into any mediation unless the claimant can provide me with a proper copy of the original signed CCA and I deny that I am indebted to the claimant as alleged and this will continue to be my position until the claimant can prove evidence of the debt by providing a signed CCA.

Once I receive the CCA I will look at my options, In the meantime I consider that the debt is unenforceable and I am ceasing all payments"

 

I will enclose a £1 payment within the claimants envelope and request a statutory request for a CCA for the alleged debt.

 

Do I need to make reference to the year the agreement was allegedly made (2000) stating a reconstituted agreement is not sufficient as a CCA?

 

With regard to the amended defence I will use the following defence added by bankfodder:

 

Amended Defence

 

The defendant denies that he is indebted as alleged by the claimant or at all

 

The claimant has failed to provide a signed copy of the consumer credit act agreement

 

statement of truth

 

with signature and date.

 

I will send this off to the claimant solicitors, do I need to send this off to the courts too? I have already submitted my defence deveral weeks ago.

 

If the claimant is unable to provide a copy of the original agreement what is likely to happen?

 

Thank you

[dx100uk]

i'll be doing the docs today

its not an issue anyway as those that need to see them can anyway.

 

I wouldn't bother amending your defence ...

costs too much and changes little

 

just send our std CCA request to the claimant today.

 

sorry you've already sent a CCA request once you got the claimform

theres no need for a second one.

 

I would simply ring mediation Monday and cancel

nothing more needed

[AndyOrch]

It will cost you £255 to submit an amended defence and possible costs from the claimant..it must be done by way of n244 application notice and you will also have to seek the claimants permission.

 

The defence you have submitted is tried and tested with 1000s of discontinued claims in the Financial Legal Success forum.

 

Mediation will cancel anyway...once you inform them they are still in default of your section 78 request.

[dx100uk]

ofcourse I meant wouldn't bother...

[Josh2017]

Thanks Guys for your help,

 

What am I hoping will be the next stage by the claimant after mediation is cancelled?

[dx100uk]

to eventually run away

go read the like claims here already.

 

on a recon agreement and the fake 620000 T&C's they usually do.

[AndyOrch]

Thanks Guys for your help,

 

What am I hoping will be the next stage by the claimant after mediation is cancelled?

 

It proceeds .......you refer to your Notice of allocation and comply with the directions....submission of a witness statement and standard disclosure in preparation for the hearing date.

[Guest]

I

Mediation will cancel anyway...once you inform them they are still in default of your section 78 request.

thats what i meant re my post #11