Hoist/cohen claimform - Ex Barclaycard debt.

[AndyOrch]

Yes...Notice of Allocation will give you further directions....say it in your witness statement...you have already submitted your defence

[244065013]

Hello,

 

I have received a n24 form (attached). Just to confirm that it's for the claimant and that I need not do anything?

 

Thanks

Gen Form of Order Kingston 27.11.19 Edited.pdf

[AndyOrch]

For the Claimant...keep an eye on that date and check with the court that they have filed fresh particulars.

 

Andy

[244065013]

Thanks Andy.

[244065013]

I have received details of new particularised claim (attached) from Hoist and also received a general form of judgement order form local court to file an amended defence (attached) and a fresh directions questionnaire.

 

I did not receive any forms from the court,

does that mean I need to download a direction questionnaire form and fill in the defence there?

Then answer to the 9 points on the particulars? 

New_Particulars_28.11.19 Edited.pdf Gen Form of Order Kingston 2 11.12.19 Edited.pdf

[dx100uk]

the claimant hasn't suffered any loss or damage to the tune of +£2k, they are not a creditor and didn't give the defendant any credit...

[AndyOrch]

But they have suffered a loss.....£275.00  which they paid for the bad debt

[dx100uk]

aw that's tough luck ..teach 'em not to dabble in lemon debts then..

[244065013]

Hi All,

 

I'm about to start drafting my amended defense as per court instructions (post #31) and wanted to ask what additional points I need to add to the original defence? 

 

The two obvious points being the CCA not provided in time and the one received is the T's & C's and says for internal use only from Barclaycard.

 

I am also a little confused as reading through other posts it mentions "witness statement", is this on the allocation questionnaire?

If some can point me in the right directions, it'll be much appreciated.

 

Many Thanks

T

[AndyOrch]

Your not at witness statement stage yet ...thats after allocation of the claim.

[244065013]

Hi All,

 

I have had an existing case with Hoist since Last July and it was stayed until 2/4/20 and to provide amended defence and claimant to provide new particulars, which was completed.

 

I have now received a letter from the court (attached) with the option for mediation and to complete a witness statement.

Previously, the mediation didn't go through as they hadn't supplied the "agreement".

 

does that mean I should not go for mediation again and just provide the witness system?

Am a bit confused.

 

Any help would be appreciated.

 

Thanks in advance

 

T

Gen Form of Order Recvd 15.06.20.PDF

[dx100uk]

threads merged

 

the claimant has to date not supplied sufficient information for you to make an informed decision upon mediation.

[244065013]

Many thanks.

 

Will work on the witness statement and post back for feedback.

 

Thanks

 

T

[244065013]

Hello All,

 

So I have had an update from the court with details of a remote hearing scheduled for 26/8/20 (attached). There are a couple of things I don't quite understand.

• It stated that "the claimant does by 3.00 pm on 29 July 2020 pay to the court the trial fee of £170.00 or file a properly
  completed application (i.e one which provides all the required information in the manner requested) for help with
  fees, then the claim will be struck out with effect from 29 July 2020 without further order and, unless the court
  orders otherwise, you will also be liable for the costs which the defendant has incurred
• I contacted the court yesterday and today and they have advised nothing has not been received as of 10 am this morning (time of my call). Not sure whether if they paid by cheque and it hasn't cleared yet.
• I also received this morning (dated 29/07/20) the bundle from Cohen with a witness statement (from a paralegal) with all the other documents etc which they sent in the past. Am I right in assuming that they would have made the trial fee?
• Section 3 states that "You must pay the hearing fee to your Home Court. This is the court which normally deals with your case. If
  you need to make an application, send it to the Home Court" - I don't quite understand this, does this apply to me or the claimant?
•  

I will be preparing a WS and post back for feedback.

 

 

If I could get some feedback on this I would appreciate it. 

The WS should be with the court by 12/08 so got a few days to finalise and send through.

 

Final_Bundle_from_Hoist_3MB.pdf

 

Witness Statement Draft.pdf

[AndyOrch]

Quote

Section 3 states that "You must pay the hearing fee to your Home Court. This is the court which normally deals with your case. If
you need to make an application, send it to the Home Court" - I don't quite understand this, does this apply to me or the claimant?

 

The claimant.....as for them paying the hearing fee....its normally paid on account and given that they have complied with the directions its safe to presume it has been paid and they are proceeding.

 

Andy

[dx100uk]

so wheres the SIGNED agreement or tickbox with IP address and time??

 

and urm no cohen...CPR 31:14 IS applicable as the claim had not been assigned to a track at that time..

junior paralegal i'll guess ...with him sitting right next to the bog at cohens in a pretty skirt 

[dx100uk]

thread tidied

 

ws looks ok 

let andyorch check it mind.

 

dx

 

[244065013]

Hi @Andyorch 

 

Do you think WS is ok to submit? Would appreciate any feedback.

 

Many Thanks

[AndyOrch]

What date must you file and serve ?

[244065013]

By 12th so was planning to post tomorrow.

 

Thanks

[AndyOrch]

Okay .....I wont be able to run through it until later//or this evening.

[244065013]

Thank you,  much appreciated. 

[AndyOrch]

Okay.....you need to amend that statement of truth...keep it simply and not refer to contempt of court.

 

Also you need to include the following in your conclusion along with that they are in default of your request and more importantly It also states the agreement has been varied...hence section 82 (1) CCA1974....cant use a reconstituted version for enforcement if varied.

 

 

Andy

[244065013]

Hello,

 

Just a quick update.

 

WS sent through last week. Received a short  letter from Cohen as below, dated yesterday (Typed out as). Not sure if this has any affect but thought I'd share.

 

We refer to the above matter.

For the avoidance of doubt, I will not be attending the above mentioned hearing as a witness in accordance with CPR 27.9(1)(a). There will however be an advocate in attendance on behalf of the claimant.

The court has been notified of the same

 

Signed "Howard Cohen & Co"

 

Thanks

[AndyOrch]

Simply informing you.....

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out^(GL) the claim.

(3) If –

(a) a defendant does not –

(i) attend the hearing; or

(ii) give the notice referred to in paragraph (1); and

(b) the claimant either –

(i) does attend the hearing; or

(ii) gives the notice referred to in paragraph (1),

the court may decide the claim on the basis of the evidence of the claimant alone.

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9