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

[dx100uk]

no.

it's your job to ensure they get it..

 

you did.. you have proof. not your problem.

 

dx

[Browneyes1929]

Hi All 

today I got a letter from HC.  It says. 

“We acknowledge receipt of your Witness Statement and thank you for providing further information regarding your health. 

Our client takes the issue of health very seriously and do not wish to cause any distress. Therefore, due to the information you have provided and purely for commercial reasons our client have advised that they do not wish to pursue the claim against you.  

Please therefore find enclosed a Consent Order for your consideration.  Our clients are proposing to dismiss their claim on the basis that you withdraw your defence and there be no order as to costs.”

 

the Consent Order says 

“upon the parties having reached agreement as to the following terms 

BY CONSENT IT IS ORDERED THAT 

1. The Claim be dismissed.

2. There be no Order as to Costs. 

 

We hereby consent to an Order in the above terms.”

 

So if I sign this 

1. Does that mean they won’t take me to court again and they’ll leave me alone?

2. There aren’t any hidden legal pitfalls in this are there?

3. Were they really being understanding about my MS or was my Carey defence that good?

So far I’m ecstatic.  

 

 

Also is it ok for me to email the signed copy.  

[dx100uk]

41 minutes ago, Browneyes1929 said:

1. Does that mean they won’t take me to court again and they’ll leave me alone? - not using the same or alike POC - never seen it - you won

2. There aren’t any hidden legal pitfalls in this are there? - no.

3. Were they really being understanding about my MS or was my Carey defence that good? - neither, i'd suggest it's the fake agreement pw and carey doesn't apply here anyway.

Also is it ok for me to email the signed copy. - no type you name. email is ok but state you wish a discontinuance letter by royal mail 

 

not surprising they ran away.

 

dx

 

[AndyOrch]

Contact them and ask they just discontinue their claim in the normal way using form N279......a claimant cant dismiss its own claim.There are no risks of costs so there isn't a need to consent the claim.

[Browneyes1929]

So why have they sent me this consent order?

[AndyOrch]

Numpties ......if anything the consent should be re worded to say " The claim be withdrawn "...but there is a fee to seal a consent order...whereas the Notice of Discontinuance is free.........

 

There s no harm in signing the above.....even if not the normal process.

 

 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866796/n279-eng.pdf

[Browneyes1929]

I see ish.  

I didn’t know if it had anything to do with the interim order where the judge adjourned the hearing so I could submit the further witness statement and the claimant respond.  

 

Plus she also stipulated in point 5 “the costs of today be reserved to the next hearing”.  

 

Just had a quick google and came across this if it’s relevant.  

 

I’m having a sluggish day today so not sure if I understand it properly.  

https://www.lawgazette.co.uk/news/settling-the-efficient-way/34659.article

 

[AndyOrch]

Yes possibly so...I would go a head and sign it then...retain a copy for your files.

[Browneyes1929]

Hello just when I thought it was all done with, this rears it’s ugly head again.  

 

I sent the consent form by email in May and got the standard received and will sort your email responses.  

Since then not heard anything.

 

Yesterday I got notification from the court of a new court date 12th August with the hearing to be conducted by phone.

 It also asked for all relevant witness statements and relevant info to be sent 14 days before.

 

Does that mean I need to send everything again?

And what about the consent order and their letter?

Can I introduce that?

 

Should I email Hoist and ask what’s going on? 

 

Could really do without all this stress.  

[dx100uk]

yes email the fleecers..

 

but i signed and you agreed to a consent order with you discontinuing the claim??

[Browneyes1929]

I sent an email with a forwarded copy of the original one again. 

I had the presence of mind to call the court to check if Hoist had already filed the consent form and they haven't but the clerk advised me to cc them and she would put it with the file for the judge. 

 

So fingers crossed Hoist will do something.

[Browneyes1929]

YAY!!! SUCCESS!!!!!!! Yet another win.  

 

I received notice from the court today that the case has been dismissed.  

That’s my last old debt.  

Thank you so much.

When I get some extra money I’ll be donating.

 

Any questions on Carey????

Pity the judge doesn’t give feedback, I was very proud of that witness statement (especially the work I put into it) even if it was a tad egg sucky.   

Now I’ll never know if it was accurate.  

[AndyOrch]

Good news...topic title updated.

 

Regards

 

Andy

[dx100uk]

well done everyone

hoist rarely win these old BC CC claims.

dx