Hoist/cohen claimform - ex Capital One *** Claim Discontinued***

[dx100uk]

good work

next move is theirs they have 28 days from the date you filed to do 'something'

[molly316]

thanks Dx, is that 28 working days? 

[dx100uk]

nope

[molly316]

Happy new year all.

A quick update -

CCA request: R Way returned the £1 PO I sent to Hoist and said that the account is with Cohens solicitors .... all documents will be requested by them as part of the process.

CPR 31.14 request: Cohens wrote separately that they are in the process of retrieving the information and to accept this letter as their "agreement to a general extension of time" etc

Nothing else has been received and MCOL hasn''t been updated.

Defence was filed 5/12/2019... so the 28 days are nearly up.

 

[dx100uk]

[molly316]

Time's up.

Apart from a standard letter nothing has been done and they have not presented any documents.

Do I now apply for a stay? Can you point me in the right direction please? 

Thanks 

[AndyOrch]

No.....its automatically stayed....read your court acknowledgment of your defence.

 

Andy

[molly316]

Got it thanks Andy.  So nothing for me to do.

Will I get notification of the stay?

if that's the end of it for now does the title of this thread need to be changed?

Thanks for all you help

 

 

[dx100uk]

No

and it might not be the end there could be a Court log jam

 

 

[molly316]

Great thank you.

 

 

[molly316]

You're right for me not to get too happy clappy.

I have just received notification that they have applied to the court to proceed.

 

 

[dx100uk]

received what from whom?

 

dx

[molly316]

a letter from Cohens to say they have advised the court to proceed with the claim.

also a notice of proposed allocation to the Small Claims Track and N180 for me to complete

so I just need to agree to mediation by the date on the form

[dx100uk]

type in N180 in our search and read up

[AndyOrch]

 

[molly316]

On 09/01/2020 at 10:15, Andyorch said:

No.....its automatically stayed....read your court acknowledgment of your defence.

 

Andy

Now Im home I can see my paperwork as I've been away looking after family, so they had till the 5th of January to do something and i can see it should have been stayed on the 5th of January?

 

The court acknowledgement of my defence says after that date the only action the claimaint can then take will be to apply to a judge for an order lifting the stay.

 

Would I know if it had been stayed or not?

 

I haven't received any notification of any kind to that effect and there is no notification on MCOL.

IS that of note in my defence or just because of the holidays?

 

I'll crack on with the N180 now I have it in front of me and have the threads to follow

 

Thanks again

 

[dx100uk]

there is no notification of a stay ever shown on MCOl. 

did you get their N180 ?

 

if your blank N180/N149A came from the court and not the fleecers then its not stayed.

[molly316]

yes the N180 came from the court issued 10/10/2020, so it wasnt stayed even though it was over the 28 days. is that of note in my defence? or just the effect of the xmas holidays?

[dx100uk]

10/10/20?

not a note no just the way it works sometimes though I would of expected you to have had theirs by now though.

 

 

 

[molly316]

doh 10/1/2020

i've had nothing other than the n180 from the courts, which I'm ready to return over the weekend.

[molly316]

just an update, I have finally received the completed N180 from Cohens.

I had to answer no to some of the questions when I rang to make the mediation appointment as I have not got any more documentation from Cohens at all so they asked me if I just wanted to get on with it or give them a few more weeks.

 

I asked if we could just get on with it.

 

[dx100uk]

you should be reading up between the stages molly...……………………...……..

 

ideally...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

[molly316]

thanks Dx I misunderstood that then  I wish they would give me something to start working on and get on with it but i'll be more patient and wait and see what happens.

[dx100uk]

why...you don't want them too..think about it....

 

dx

 

[molly316]

Update

I had a letter from Cohens offering a settlement figure & some income / exp figures and some copied documents which I was about to upload and process

but a few days later I received 

 

A NoTICE OF DISCONTINUANCE  and confirmation that my account is now permanently closed and no further action is required on my part.

 

Thank you all for your support