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Hoist Portfolio v Rubix

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  • #16
    Re: Hoist Portfolio v Rubix

    UPDATE: I've received a letter from the court 'Notice of Proposed Allocation to the Small Claims Track' and a Directions Questionnaire.

    Does this mean the case will be going court? I've still not received a copy of the terms and conditions from Howard Cohen?


    Many Thanks

    Comment


    • #17
      Re: Hoist Portfolio v Rubix

      UPDATE: Received a court date from my local court for the 1st February 2017

      I've still not received any documents from the CPR 31.14 request.

      Does anybody know if I need to submit any evidence before attending, I have the original final demand letter/bank statements?

      Comment


      • #18
        Re: Hoist Portfolio v Rubix

        Originally posted by Rubix View Post
        UPDATE: I've received a letter from the court 'Notice of Proposed Allocation to the Small Claims Track' and a Directions Questionnaire.
        Have you completed & returned the DQ?

        Does this mean the case will be going court?
        Atm, yes, probably.
        I've still not received a copy of the terms and conditions from Howard Cohen?


        Many Thanks
        Originally posted by Rubix View Post
        UPDATE: Received a court date from my local court for the 1st February 2017

        I've still not received any documents from the CPR 31.14 request.

        Does anybody know if I need to submit any evidence before attending, I have the original final demand letter/bank statements?
        You should have been informed that you are required to send to both the court & to the Claimant's legal rep any documentation which supports your defence, usually latest 14 days before the hearing.
        This is usually accompanied by your Witness Statement (examples by @Amethyst ).

        http://www.legalbeagles.info/forums/...ness-Statement

        Label the supporting docs (inc any sent by the Claimant/sols) which you are going to use - "Exhibit R1, Exhibit R2", etc & cross-refer in your WS.
        1 copy of all for court, 1 for Claimant, 1 for you.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: Hoist Portfolio v Rubix

          Originally posted by Rubix View Post
          I have the original final demand letter
          What is the date of the Final Demand letter and what is the remedy date?

          This may be significant in deciding whether this (overdraft) debt is SB or not.

          I'm assuming that only you have that FInal Demand letter and not the Claimant?

          In the Small Claims Court you are not obliged to disclose all documents in your possession.

          In this case if the answer to my question harms your case you don't have to disclose it.

          Alternatively if it helps your case then you may wish to include the information in your WS and also exhibit the Final Demand.

          Over to you

          Di

          Comment

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