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Hoist claimform - ex barclaycard Debt


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Just had an email
 

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

Provisional Appointment Time & Date

 

A telephone mediation session of up to one hour is available to you on XX/XX/XX between Time  and Time.

Please can you phone us on 0300 123 4593 before the XX/02/2020 between the times of 09:00 and 17:00.

 

Owing to a high level of referrals, mediation appointments are limited and are offered on a first come first served basis.

your case will be transferred to a court to be listed for allocation if we do not hear from you, or all appointments are taken.

 

Please note that this is NOT a confirmed appointment, if we are able to secure a mediation appointment we will send you confirmation.

So, do I phone them asap to arrange and appointment?

Do I get to choose the appointment time for the date they've offered?

Nurselayer v Natwest - Settled in Full :D

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pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number gi

stupid ideas follow the tried and tested advice already given any new gov't will never change the biggest financial market in the whole industry.   dx  

Hello, I too am defending an old Barclaycard debt claimed by Hoist and a little further along, you might benefit from my thread with what I imagine will be the same questions that I had and sequence o

Takes a while to get through. The person at the other end knows the drill and will ask if you have the material you require to be able to mediate, you say no (CCA).

 

That simple, getting through to them is the only aggy bit.

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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!

 

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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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. 

Nurselayer v Natwest - Settled in Full :D

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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

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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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.

Nurselayer v Natwest - Settled in Full :D

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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

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 3 weeks later...

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.

Nurselayer v Natwest - Settled in Full :D

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correct say so then

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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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.

Nurselayer v Natwest - Settled in Full :D

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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?

 

Nurselayer v Natwest - Settled in Full :D

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:rockon:

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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

Edited by Nurselayer

Nurselayer v Natwest - Settled in Full :D

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

 

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 1 month later...

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.

Nurselayer v Natwest - Settled in Full :D

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the next move is not yours.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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