Hoist/Cohen claimform - old Barclaycard debt ***Claim Dismissed***

[AndyOrch]

You must inform the court if they have failed to comply with the courts directions and possibly suggest a strike out.

 

With regards to the court hearing....

 

 

[Browneyes1929]

I spoke to the court last week.

It was the same lady I spoke to a few weeks ago and she remembered me!!!

 

She said the claimant hadn’t filed anything with the court.  

The court are not doing any face to face hearing only remote ones but the claimant has to ask for it and so far they haven’t.

 

She said they still had a few days left to do so and then the court would contact me to make arrangements.  

 

my hearing would have been tomorrow so now I wait, I guess.

The claimant have breached the order haven’t they?

It specifically says they had to respond to my statement.  

[AndyOrch]

Did you not ask if they had filed a response statement to the court direct ?

[Browneyes1929]

I did and she said no.  It should have been served by the 1st of April.  Nothing’s been filed since my last witness statement. .  

 

I’ve just received a letter today from Cohen Cramer stating:

 

”we note with concern that we have not received your witness statement as directed by the court, nor have we received further information regarding your illness. We would be grateful if these could be provided within 14 days.”

then they go on to say they are prepared to accept a lump sum.  

 

And finally: 

“Should we not hear from within 14 days we shall have no alternative but to seek our client’s instructions to apply to the court for judgment against you.”

that letter was sent yesterday. 

 

I kept a hard copy of the original long email header I sent the witness statement on. I’ve never received a bounced email notification. The court has a copy. The hearing should have been today.

 

I also am interested in the mention of my illness as I put that information in the covering email with the witness statement. 

 

How should I approach this?

 

Also the court received and accepted it’s copy by email. 

[dx100uk]

what email for the claimants solicitors did you use?

dx

 

[Browneyes1929]

The solicitors, the one that was on their correspondence to me.  

 

I also told the court that I had emailed it to the claimant’s solicitors.  

 

My hearing should have been at 14:00hrs today should I ring the court?

[dx100uk]

what email AD and when?

nothing to worry about

why did you not post it too?

 

dx

 

[Browneyes1929]

I have MS so I’ve had to reduce my social contact to as little a possible. And going into to the post office was not a good idea as the week I’d emailed it was at the beginning of lockdown.  

 

I emailed it to the only email that had been on all the correspondence from the claimants solicitors, I’ve checked it and I didn’t misspell it.  Including the letter asking about my illness.  If it had been misspelled I’d have received a bounced email report.

 

 I spoke to a very good friend of mine who’s  a computer forensics expert and he said they’re probably lying unless it went in their spam folder and even then that’s their problem not mine. 

 

If I could call and ask the court why didn’t they and even then why leave it until the day before the court hearing to contact me?

That’s wasting my time and the court’s. 

 

Although I’m no expert so don’t really know what the court’s opinion will be or what if any leg I have to stand on legally speaking?

 

My witness statement was due the 18th of March but I sent it on the 19th March at 12:35 at the same time I sent it to the court.  

[dx100uk]

This wont harm you

 

what email address?

and on what date?

 

 

[Browneyes1929]

[email protected]

[dx100uk]

I doubt that's correct

you need the general one not a specific person.

what if they are off sick etc etc.

use the email on their pwork.

 

did you royal mail it too>

[Browneyes1929]

No I didn’t.

See above as to why I didn’t go to the post office.  

And there is no general email that I can see.

That’s the only one on their paperwork.  

 

If they were off, they should have had provisions made to transfer mail from email addresses they have included on legal paperwork. Plus if they were that fussed about it, why didn’t they write sooner than the day before the court date or check with the court if a submission had been made like I did?  

 

They knew the deadline that their submission had to be in by and that was the 1st April.  

 

I wouldn’t mind but I read Carey ALL POXY 59 PAGES of it with laryngitis as well as my usual MS fatigue.  And all they can do in response is give a “my dog ate my homework” equivalent response on the day.  Cheek of the them!!!!

 

I’ve just realised L Holden is the person who wrote the claimants witness statement too.  And I have looked on all their paperwork. That is the only email address.  

 

Before i indulge them (although i don’t think that’s fair) should I ring the court tomorrow and find out what happened today, ie if they filed that letter with the court or what the judge has done, if anything, today?

 

And I’ve checked my case wasn’t listed on Courtserve for today.  

[Browneyes1929]

I’m still dithering as to whether I should ring the court?

Would the judge have looked at my case yesterday or not?

 

And most likely how will the court view these events?

Will they side with the claimant and give more time or not?

[AndyOrch]

https://www.gov.uk/guidance/courts-and-tribunals-tracker-list-during-coronavirus-outbreak

[Browneyes1929]

This morning I received this from the court. 

Basically putting off the case until after June 1st.  It’s dated the 27th but the postmark on the envelope is yesterday’s.  Not sure if I can apply to have it set aside or should I send the witness statement again to the claimant. 

I don’t want it to look like I didn’t send it in the first place although I can prove I did.  

Apr 30, Doc 1.pdf

[AndyOrch]

what would be your " exceptional reason " to set a side the above order ?

[Browneyes1929]

They didn’t comply with the court’s order? 

 

Not sure to be honest.  Should I call/email the court and tell them that the claimant has written to me claiming they never received my witness statement by email and ask for guidance on whether it’s ok to send it again or something like that.  I could include a copy of the email I sent to them with the long header info showing when and where it was sent to.  

I can also include a copy of the letter from my gp re my MS diagnosis.   I’m not on disease modifying drugs but I am in the low to medium risk category as it’s an autoimmune condition. 

 

 

Edited April 30, 2020 by Browneyes1929

[AndyOrch]

Thats not connected to the above order and a  completely separate issue...if the court received your statement on time...thats all that matters....email the claimants solicitor a further copy and state further to your initial email of dated xxxxxx please acknowledge receipt this time.

[Browneyes1929]

This latest letter has a different email a personalised one still unfortunately.  Should I send it to that and should I copy it to the court?

[AndyOrch]

Why copy the court ? They have yours already ?  Send it to what ever email you wish of the claimants solicitors...multiple if necessary.The fact that they have yet to file and serve their own portrays they have bigger worries of their own rather than the fact they allege they have not received yours. 

[Browneyes1929]

I’ve just had a look at the practice direction and apparently I have to check with them what email to send it too in case their servers can’t accept the email. Not that it’s very big.   Is that correct? 

 

Actually I’ll email first asking for an email address to serve to.

apologies if I’m being pedantic but want to get it right.  

 

Also the witness statement they haven’t filed is the one the court ordered they were to file in response to the one they say I never sent.  

[dx100uk]

no its not to respond to your WS...

you both have to file by a certain date...

[Browneyes1929]

So they should have filed something saying they hadn’t received my witness statement for them to respond to?

[dx100uk]

no..

 

 

 

 

[Browneyes1929]

They should have sent the chasing letter before their filing date?

 

They shouldn’t have assumed I hadn’t served it as it was filed with the court and they could have checked with the court so the court can now refuse to accept their response.  

?