Hoist claimform - Ex - Barclaycard debt

[eoghan]

I filed the stupid mixmash CAG letter and the FMOTL twaddle... 

 

[dx100uk]

opps ...they'll push this then..

make sure you dont follow suit in your WS.

 

with the amount of claims you have had, you should be a master by now not scrapping around elsewhere finding and using FmOtL twaddle..

it always makes the later case far more difficult to beat the weeds away from and to get the judge to focus on the real issues as to why you don't owe a penny.

[eoghan]

make sure you dont follow suit in your WS.

 

What's WS?

[dx100uk]

and how many court claims have you had...

[eoghan]

Directions Q from Hoist with the cover letter attached.

 

Curious to know what my proposals will be to pay the money back during the mediation. How do I approach this call when it happens as my previous cases never went to mediation.

 

WS= Witness Statement - realised when I posted the question but had already hit submit...

 

Thanks.

HoistDirections130221.pdf

[dx100uk]

so what paperwork have they supplied to in relation to your CCA/CPR requests to date?

 

dx

 

[eoghan]

No response to CPR/CCA requests but they sent me a 'reconstituted set of statements' in July 2018 which was before my CCA/CPR and has subsequently been binned.

[AndyOrch]

Quote

but they sent me a 'reconstituted set of statements' in July 2018

 

Reconstituted set of statements...the mind boggles

[eoghan]

Lining up my ducks and preparing my WS in advance. 1st draft below. Feedback appreciated.

In the County Court at ************ Claim Number:*****************

BETWEEN:

Claimant:
**********************

-and-
Defendant:
***********************


WITNESS STATEMENT OF ******************
 

1. I, *********, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on DATE at ************ County Court.
2. I contest that the Claimant's claim is vague and unspecific.
3. On DATE I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A).
4. On DATE I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B).
5. On DATE the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents.
6. On DATE the Claimant replied (Exhibit D) to my written request without the requested documents.
7. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case.
8. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.
9. On DATE I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E).
10. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents or if they can provide originals for Court inspection.
11. The claimant has provided a 'reconstituted' set of statements which are not original documents
12. The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.
13. I believe that the facts stated in this witness statement are true.
14. I therefore ask that the Court orders the Claimant to provide copies of the documents and if the Claimant is unable to comply the proceedings are struck.

Statement of Truth

I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary.



Signed: ________________________________

Dated: ________________________________

[dx100uk]

not sure about 8, cpr is not compulsory to reply within 7 days cpr is a request, p'haps might be better to refer to the CCA request ...which you seem to have totally omitted..

 

I have had ****** Loans in the past - i would stick to financial dealings, this i nothing to do with loans.

 

generally it needs fluffing out a bit, a WS should not simple be a page pulled from a diary.

 

dx

 

[eoghan]

As I said, it's the 1st draft so will of course 'fluff' it out before i send it. Thanks for the feedback on 8 and missing CCA request.

[eoghan]

Small Claims Telephone Mediation Service
Tel: 0300 123 45 93 - Email: [email protected]

 

Claim Number: 

Parties: Hoist Finance Uk Holdings 3 Li v 

PLEASE REPLY BY EMAIL CONFIRMING YOUR FULL NAME, TELEPHONE NUMBER AND EMAIL ADDRESS TO BE USED FOR THE MEDIATION CALL.

 

Appointment Time & Date

A confidential telephone mediation appointment has been booked for 22/03/2021, You will be called between 10:00 and 12:00. The appointment will last for a maximum of one hour. When the initial call is made that's when your one hour slot starts.

 

Important Mediation Requirements

Please read the following 3 statements

1. For mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility

 

2. You confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate

 

3. You confirm that you are available for the entire timeslot on the date stated above.

Mediation is only available to you if you can answer YES to all statements above. If you cannot answer YES to all statements, mediation is NOT suitable for your case. Please contact us if you cannot agree to all

3 statements on [email protected].

 

Important Preparation

Please see below some guidance notes that will help you prepare for your mediation appointment. Also attached is information on the stages your Mediation appointment will take. It is important that you read this fully prior to your appointment.

 

1. You must participate in mediation in good faith, with the intent to reach an agreement. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.
Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to negotiate.

 

2. The mediator may call from a blocked or unknown telephone number, which may be from a mobile telephone
Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

 

3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement. They must have full authority to act on behalf of a party.
Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any settlement agreements the 3rd party makes on your behalf.

 

4. Your mediation appointment is time limited. You must be free and by the phone at the time above, so that the mediator can contact you.

Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions, with a good telephone signal. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

 

5. You must be available at the start time of your appointment. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.
Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?

 

6. The mediator speaks to both parties separately. You may not be the first person contacted, so please be aware that there may be a delay before the mediator calls you.

What to do if I am unhappy with the Mediation Service?

 

If you have any complaints or issues to raise regarding the Mediation Service, these should be addressed in writing to the Small Claims Mediation Manager, HMCTS, PO Box 8793, 5th Floor, Leicester, LE1 8BN.

Small Claims Mediation Service Contact Details

Tel: 0300 123 45 93
Email: [email protected]
Post: Small Claims Mediation, HMCTS, PO Box 8793, Leicester, LE1 8BN

---

 

First off the time slot is not appropriate, I am unable to take time off work, I stated in my original reply that I would be unavailable until after 6th July.

How to proceed? Am I correct in thinking that option 2 applies as they have not provided me with all the documentation requested via CPR and CCA?

 

[dx100uk]

15 minutes ago, eoghan said:

Am I correct in thinking that option 2 applies as they have not provided me with all the documentation requested via CPR and CCA?

 

and are unlikely too in the next 10 so days

[eoghan]

I'm assuming I respond then saying I don't have the documentation I've requested via CPR and CCA?

[dx100uk]

no , you respond by stating the claimant has to date failed to provide any documentation to enable me to make an informed decision 

[eoghan]

Got it. Cheers.

 

Just sent:

 

Thank you for your email. The claimant has to date failed to provide any documentation to enable me to make an informed decision.

 

I look forward to your response.

 

Kind Regards.

[eoghan]

Reply back:

 

Thank you for your email. 

 

Please note that this claim has been transferred to a local court to proceed and a notice of transfer has been sent by post. Once the case has been reviewed the court will notify you in writing of any further action that is required. 

 

If you require any further information about mediation please contact us at the below details, if you require any information about any other aspect of the case please contact the local court. You can use the below link to find the contact details 

 

https://courttribunalfinder.service.gov.uk/search/address  

[eoghan]

Local court rang today to ask if I was available for a 30 minute telephone hearing, I said as per my court doc that I was unavailable until the 6th July. So I guess this is going to a hearing then.

[eoghan]

Just received from Bournemouth County Court

 

 

 

N158.pdf

[dx100uk]

conciliation appointment which will take place on 9 JULY 2021 AT 12.30PM

[eoghan]

Yes I saw that, but what's the approach with this? I'm not sure how to respond and what would happen during the appointment, what do I say or not say for example.

 

Just to also add, I would have thought there would be no conciliation meeting as they have still not furnished me with enough information to make a decision or enter meaningful negotiations . Right?

[dx100uk]

1 hour ago, eoghan said:

what do I say

as below

1 hour ago, eoghan said:

they have still not furnished me with enough information to make a decision or enter meaningful negotiations

 

1 hour ago, eoghan said:

I'm not sure how to respond

carefully read what each party has to do and by what dates ...

[eoghan]

Sending:

 

As per the order.

 

However, the claimant has still not furnished me with enough information to have any meaningful conciliatory meeting and am therefore somewhat prejudiced by this.

Notwithstanding however, my email is ###### and my direct line is ######.

 

Kind regards.

[dx100uk]

just reply without the tort comment

[eoghan]

As per the order.

my email is ###### and my direct line is ######.

 

Just that?