Hoist/cohen claimform - ex EGG now barclaycard debt

[Gonadz 1]

Apologies - previously they said a magistrate - now it seems to have changed...

 

Hope this is OK - copy of letter 18th Nov

County Court Details.pdf

[dx100uk 9,543]

so nothing to do with any extra mediation, its a std court hearing over the phone .

 

who are 'they' that said a magistrate please?

 

have you exchanged witness statements?

 

[Andyorch 10,508]

Still strange.....a telephone hearing for what ? Its not the normal sequence of events...   the claim has still yet to be allocated. ...unless you have already received your Notice of allocation (N157) ?

 

You initially stated the telephone hearing was for June...then you disappeared for 5 months ...then you have a hearing this week for mediation which failed...now your having a telephone hearing in December.

 

I can only assume this is to question the Statute Barred element of the defence.

[Gonadz 1]

I was quite reluctant to discuss specifics for all to see..

.tried to discuss things privately..

 

.no witness statements exchanged from my side.

 

..they've sent letters and the original bumpf that looks like a bad copy of CCA,

but their solicitors noticed that Statute Barred element was an error on my part as still within 6 years.

 

I kept sending messages on the private thinking it was the public forum as they look the same..

.apologies for that.

 

Informal mediation was back in June over the phone.

No Court stuff.

[dx100uk 9,543]

so you sent PM msgs to someone on cag?

 

and you have hoists witness statement and exhibits?

[Gonadz 1]

Apologies will check that tomorrow...

[Gonadz 1]

Notice of Allocation was in early August to the Small Claims track (Hearing) - not sure why but I didn't send any evidence...not sure if they paid the trial fee of £170 will phone the Court tomorrow...

 

Yes they did - 255 if I want to set aside with N.244.

[dx100uk 9,543]

why do you need to set aside they've not got judgement yet...

 

what date is your hearing and why didnt you send your witness statement by 14 days before the hearing date?

 

can we see their witness statement please!!

 

 

 

[Gonadz 1]

Sure apologies, I must have been away and had a marital bust-up, must've overlooked all this...

[dx100uk 9,543]

Still recoverable 

[Gonadz 1]

Hearing is tomorrow by phone, I was visiting my son in Paris..have tickets to prove it so didn't get the documents until yesterday....

 

They sent e-mail PDF under name of solicitor rather than comppany...must have gone to spam....no paper version sent. Shall I send the pdf ?

 

I have all paper correspondence in order here...

 

[dx100uk 9,543]

their WS should come from a solicitor, the fact you've been away is not an excuse for not filing your WS in time, nor for not receiving their WS.

 

we could have easily countered their WS in yours had you bothered to research things properly from day one and also noted you should never give nor allow the use of email addresses to the fleecers.

 

i'm not sure if you can phone the court now and delay the hearing to be able now to file a WS.

we rarely lose any hoist barclaycard claims if things are done to the tried and tested method in the 10's of like claims here already as their paperwork is always pants.

 

 

 

 

[Gonadz 1]

GODF1.pdf GODF2.pdf GODF3.pdf GODF4.pdf GODF5.pdf GODF6.pdf

Edited November 30, 2020 by Gonadz
Sorry took a while to do that adding this note...

[dx100uk 9,543]

please use PDFmerge detailed in our upload guide

else we will be here all day downloading single page uploads

 

we need ALL the WS and the exhibits.

 

[Gonadz 1]

Sorry what is WS can't find it in Abbreviations Post...trying to edit their bundle of files...

Edited November 30, 2020 by Gonadz
Can I send it privately as there are 110 pages ? Seems sensible to add so edited....

[dx100uk 9,543]

did you ring the court and ask for a delay?
 

ws ..witness statement ...all the documents you are uploading above are from it....

[Gonadz 1]

Phoned the court this morning...they said pay £255 if you want to apply to adjourn and it might not work as late...the last few lines are just the date and signature of the solicitor which is why I missed them out...

 

GODF Comprerssed .pdf

[Gonadz 1]

There are 110 pages - rather than edit it all can I possibly send that privately ?

 

[dx100uk 9,543]

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

plenty of examples of a defendants (your) WS's here already with exactly the above problems re T&C's and DN.

 

 

[Gonadz 1]

My surname is spelt with one B instead of 2 on the Egg CCA that they sent a copy of...but address is correct.

Should I submit a late WS now ? How should I proceed tomorrow on the telephone ?

 

Edited November 30, 2020 by Gonadz
specify surname

[dx100uk 9,543]

immaterial. Neither of them are agreements merely pages of T&C.

[Gonadz 1]

Can I just say that to the Judge ?

 

[dx100uk 9,543]

56 minutes ago, dx100uk said:

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

plenty of examples of a defendants (your) WS's here already with exactly the above problems re T&C's and DN.

 

 

 

go find a ws in the legal successes forum for your same player s there are loads relating to WON - No default notice.

adapt it 

take it with you 3 copies.

1 judge

1 cohen

1 for you.

 

you could email the court and cohen.

but its really very late to do so...

[Gonadz 1]

MY WORDS IN ITALICS

 

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it -

 

No sign up Box & my name spelt wrong can I suggest it may be a forgery ? Date just says 4 2008 but  no IP address.

 

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

Statement of Account which says COPY STATEMENT 100 times at top is not a DEFAULT NOTICE, would that Def Notice be from Barclay's ? I can't see one anywhere. Looking at Legal Successes to write Email now.

 

[Gonadz 1]

There are several instances where Horst mentions BUYING the account and Coen 28/8 'Our client purchased this account'. Barclaycard use 'effective owners' 'assigned and transferred' Trying to patch togethjer a defence read all threads which were WON after using search bar - it's quite hard to find threads I found.