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Howard Cohen solicitor/Hoist portfolio court proceedings

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  • Howard Cohen solicitor/Hoist portfolio court proceedings

    Hi LegalBeagles, I'm a newbie here so forgive my ignorance. I'm just after some logical thinking advice.

    I have received a Directions questionnaire N180. The claimants are using Howard Cohen solicitors and a referring to a debt from 2012 . Despite numerous requests for more information,Credit agreements etc. I have no information, account numbers etc as to what this debt is referring to. Because of this, I do not fall into the category for mediation as per the advice sent from the court. The claimants have opted for mediation with a closing 'cooperative' letter willing to accept any reasonable offer. Logic says If i don't accept mediation, the court may frown upon me, being uncooperative, however mediation states that is should only be used to reach an agreement to settle the debt and all parties must have the relevant information on the case. I need paperwork to be able to discuss/negotiate . I do have outstanding debts (unfortunately). The issue is that on the court claim forms , the account number refers to a credit card debt (one I can't seem to recollect). On my credit file Hoist have listed a different account number claiming is a bank account debt (definitely didn't have a bank account debt). I've never heard of Hoist before now so I have tried to request more info from them to prepare for court, however, they have not complied.

    Long and short, I'm after help filling out the direction questionnaire. If I tick mediation, I am affectively agreeing to discuss/settle a debt where as I have no paperwork in my possession. The tick boxes stipulate that both parties must have relevant paperwork and knowledge of the claim .

    If I refuse it, given the back log on litigation , the judge may perceive this as uncooperative.


    Thank you in advance.



    Tags: None

  • #2
    shows willimg to mediate - court expect parties to sort out before hand save courts time so mediate, Hoist debt purchaser etc, basically mediation initially ask you if you have the necessary papaerwork to do a possible mediation - you day no if not - they will satate pass back to the court system as mediation unable to take place,

    But before jumping the gun - set out exactly events and repsobess and up to date situation report, and spread out paragraphs to readable sentences?

    Comment


    • #3
      CCA Request

      CPR 31.14 Request

      Comment


      • #4
        jaguar

        Comment


        • #5
          Hi , thank you for taking the time to reply. I have filled the form, with the intention of mediation. I have previously requested CCA but they didn't fulfill my request unfortunately.

          Comment


          • #6
            there you are a request for a CCA1974 has failed to be received , mediation would be told requested documents not received, they would then state no mediation and the court informed

            jaguar should on here to-morrow see what he says

            Comment


            • #7
              Ok thank you. When I filed my defence online to court. I documented at end I will be contacting the claimants for CCA (etc). The claimants obviously received a copy of this defence plus I sent them the request.

              Today I shall post the completed N180 and await mediators to contact me.

              Bit of background: In October 2012 I sold a property and settled some debts. One refused to accept settlement. I can only '''assume" at this stage that this may be that debt but the account number on court docs does not correspond. And it differs totally to the account number they uploaded on credit File. It stands to reason anyone would request the paper work I feel.

              Comment

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