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Hoist/cohen claimform - Ex Barclaycard debt.


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

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Not due till the 13th August by 4.00pm.   With regards to the above...thats the standard template response from Robbers to a section 78 request.....not sure why they keep referring to GDPR a

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.

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

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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

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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

 

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We could do with some help from you.

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Hi,

 

I have my hearing tomorrow and haven't received any instructions on how to join the Skype call. Have emailed my details across last week. Have been trying call the court but no luck so far. Has anyone been in this situation before? Any suggestions?

 

Secondly, any points/tips for the hearing would be appreceated.

 

Many Thanks

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If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms."

 

 

Carey -v- HSBC [2009] EWCH 3417 (QB)

Date: 23 December 2009
Judge: His Honour Judge Waksman QC

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Carey was the claimant...have you actually read the judgment ?

We could do with some help from you.

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33 minutes ago, 244065013 said:

Sorry,  not appeal, I meant he allowed the claim.

 

You said the claim was allowed...the claimant was Carey...not HSBC..they were the defendants.

 

Anyway section 82 (2b) of the CCA1974 covers it....refer your Judge to the legislation.

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Sorry if I was unclear in what I wrote. To clarify, I mentioned the above and about the reconstructed agreement with varied terms etc but the judge said claimants (my case) recon agreement was acceptable even without signature etc and accepted Hoist's claim, 

 

So I guess it's the end of the road for my case, is there anything else I can do e.g. appeal or is that it.

 

Thanks again.

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So has the claimant got judgment ? 

 

Recons are acceptable on none varied agreements either in response to section 78 request or even enforcing the agreement ...with or without signatures providing it mirrors the original agreement that was determined in Carey V HSBC.

 

If an agreement has been varied...its impossible for the claimant to reconstitute the agreement to encompass the terms of the original and the later varied terms....its just not possible.  

 

Section 82 clearly states....

 

(2)Where an agreement (a “modifying agreement ”) varies or supplements an earlier agreement, the modifying agreement shall for the purposes of this Act be treated as—

(a)revoking the earlier agreement, and

(b)containing provisions reproducing the combined effect of the two agreements,

and obligations outstanding in relation to the earlier agreement shall accordingly be treated as outstanding instead in relation to the modifying agreement.

 

I very much doubt your reconstituted version contains all the original and modifications....and therefore the Judge has disregarded the legislation

We could do with some help from you.

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