Hoist claimform - ex barclaycard Debt *** Claim Discontinued***

[Nurselayer]

And I do that now? OR do I wait until the day of the actual mediation?

[Micky the Hippo]

No reason not to as car as I know, get it done.just don't leave it the end as it took me a few days to get through to someone.

[dx100uk]

for now you still agree mediation, the actual 3 way call might be weeks away.

Nurselayer you really must get reading up part of cag is self help by reading like threads here

and we shouldn't have to nursemain a nurse!

 

 

[Nurselayer]

Thanks DX. 

 

I do try and self help and I do read on the bits I'm unsure about and other people who've gone through a similar processes.

I post to double check when I'm still unsure. 

 

As you can see there can be conflicting advice in the cases I've read.

Just like on here where you and Hippo have given different answers.

 
This is my first case like this and so I want to make sure I get it all right.

Apologies though, I fully understand that you aren't here to hold my hand. 

[dx100uk]

there isn't conflicting advice on mediation its quite clear what we recommend doing

the only confliction is reading posts by users that don't know or don't follow whats already been advised.

 

sadly for some reason, there are lots here that just cant simply walk sometimes without us pushing them and thus get in a right pickle and confuse the be-jesus out of everyone over such simple matters ..like READ what we advise.

 

dx

 

[Nurselayer]

I rang the mediation service and they refused to book an appointment in for me as they were unable to complete the ticklist of things that are necessary to make mediation possible.

The person speaking to me asked if I was happy to make an offer to settle the claim. 

Initially I said that I wasn't as I disputed the claim but I would discuss it during the mediation and the person said that unless I was prepared to pay something then there was no point in mediation and I wasn't able to book an appointment in. They also said the amount that I was prepared to pay could be anything and I didn't have to reveal it so I said yes there was an amount I'd pay.

Then they asked me if I had all the information I needed to make a decision. 

I said no, that I was waiting for information from the claimant. 

They told me that unless I could answer yes to this that they couldn't book the mediation call for me.

I didn't want to say I have all the information I need, because when it comes to the actual mediation phone call I am going to say that I don't have all the information I need (as advised in earlier posts).

I've tried looking through the CAG site but when I search "Mediation" it comes up with 327 pages of results.

I've read a number of them and none of them seem to address this.

 

I've also read Andyorch's sticky at the top of this forum on Alternate Dispute Resolution (Mediation) and his one on The Process of Litigation and CitizenB's one about You've Received a Claim, What to Do.  None of these seem to cover the position I found myself in on this call. 

I don't think I'm an idiot but I also don't want to say the wrong thing and scupper my defence. 

I've tried looking for the answer on the site but I couldn't find it. 

 

The person who was going to book the mediation call for me told me that I can call back and if I give the "correct" answers, they can book the mediation call for me. 

 

I would greatly appreciate advice on how to proceed.

[dx100uk]

you have to enter into the 'spirit' of the mediation process

- that also entails giving the claimant as much time as possible to produce the information you state you require to make an 'informed decision' upon if to mediate or not.

 

until the actual phone mediation call, whereby the same questions are asked again, whereby you thus say NO to the above one - you state yes to all questions be them in letter, email or by phone.

 

thus you are seen to 'enter into the spirit' of the whole mediation process, thus putting more pressure on the claimant to actually prove their speculative claim as you did with your defence, CCA and CPR requests.

 

its all a great big game of chess. give them time, they will hang themselves without your assistance.

 

dx

[Nurselayer]

Right, mediation call booked.

[Nurselayer]

I am on the mediation call. The mediator hasn't asked me if I've got all the information I need.  I've had to tell him that I haven't.

~Help I'm panicking a bit here.

[dx100uk]

correct say so then

 

dx

[Nurselayer]

He's contacting the other party to see what they say. I'm expecting him to ring back. I've said that I don't feel I've enough information to be able to make an informed decision at mediation.

[Micky the Hippo]

all going to plan so far, or at least exactly as my case did, hold your nerve

[Nurselayer]

They said they'd sent me everything and that they'd settle for £2400. I said I couldn't make a decision because I didn't have all the information.  Mediator said he'll refer it on to a court date.  I did do the right thing didn't I?

 

[dx100uk]

[Micky the Hippo]

Them offering settlement figures is a good sign.

[Nurselayer]

Fab, thank you for all your help so far.  I shall post when I next hear anything.

Edited February 27, 2020 by Nurselayer

[dx100uk]

no you research what is next and get acquainted with how you then should respond...

 

 

[Nurselayer]

Hi folks, 

Hope you are all well. I just checked onto Moneyclaim and it says that the last history in the claim is that I filed a DQ. 

It's been 2 months now since I had the mediation call.

 

Do I just sit and wait?

Is there a time limit on what is to happen next? 

 

I've looked on here and as far as I can establish it's all now in the hands of the court to give us a court date - is this correct?

Is it usual to not hear anything for 2 months? (and yes, I know that the courts might be running a reduced service because of Corona)

 

I just want to make doubly, trebly sure that everything is hunky-dory and I don't need to panic.

[dx100uk]

the next move is not yours.

 

dx

[Nurselayer]

Hi folks,

 

Today I received a letter from my local County Court telling me that a judge has allocated this case to the Small Claims track and that it will be heard remotely in April 2021.  The directions given are that 

 

Each party must deliver to the other party and the court copies of all docs on which they intend to rely no later than 14 days before the hearing

 

Original docs must be brought to the hearing

 

Docs sent must include the statements of all witnesses.

There's a fair bit of stuff in the directions but it all looks fairly standard and much of it doesn't apply (maps, police statements etc etc)

It also states that the claimant MUST pay the trial fee of £170 by March 2021.

I assume from reading up on other cases that I do nothing for the moment but wait to see if they pay the trial fee and send the documents they intend to rely on?
 

[dx100uk]

i will guess it says exchange witness statements by 14 days before court date too?

 

dx

 

[Nurselayer]

Here's the list of directions.

 

Court directions-converted.pdf

Edited October 2, 2020 by Nurselayer
Link didn't work

[dx100uk]

WS by 14days before as the 1st line says

[Nurselayer]

Is there any reason for me not to write and submit a witness statement as soon as possible? Is the witness statement below along the right lines? Happy to change it however you see fit.

 

In The *******County Court

Claim No. *********

Between **********Claimant

and

*************** Defendant

 

 

I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Hoist Finance Uk Holdings 1 Ltd issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. It is accepted that I have in the past had financial dealings with Barclaycard in the form of a Credit Card Agreement.

 

4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.

 

5. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request made on 19^th November 2019.

  

6.  I made a request for a true copy of the credit agreement and any other documentation that the act requires the claimant to provide.

7. I also sought clarification and requested copies of the agreements from the claimants solicitor, Howard Cohen and Co. by way of a CPR 31.14 Request.

I made request for the agreement, the notice of assignment, and the default notice.

 

The claimant and the claimant’s legal representative have failed to comply completely with my request and has not provided me with the required Default Notice to date.

9) According to ClearScore, the financial technology business that allows access to credit reports and financial history, the Barclaycard account that I held was paid in May 2015 leaving a balance of £0.

10) The account was assigned to Hoist Portfolio Holding 2 Limited on 29/10/2015. 

11) No statements have been provided by the claimant showing any transactions after 9^th March 2015.

Conclusion

 

To date no Default Notice has been produced.

  

The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.

I was fully prepared to enter mediation with the claimant once all the documentation had been provided but unfortunately the claimant did not comply and as such I felt that I was unable to continue with the mediation process without the full information.

Therefore, for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.

 

Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.

 

I believe that the facts stated in this witness statement are true.

 

 

Signed………………………….

Dated……………………………

[dx100uk]

dont play your cards

take advantage of the time and they may p'haps even drop the case or not even pay the hearing fee.

you also should be remembering your LiP advantage and never file 1st if you don't really have too.

 

dx