Help needed

[Diana M]

Re: Help needed

On the paper work I got from the court it does not say anything about WS being exchanged 14 days before sorry did not know this, it only mentions that if I do not intend to attend the hearing I need to let them know 7 days before the hearing.

^ ^ ^ that surprises me since the Notice of Transfer usually includes 'Directions' advising both parties what they need to do and when they need to do it by.

The normal deadline for WS is 14 days before the hearing date, but sometimes it can be date-specific especially when Bank Holidays are involved so the courts are closed necessitating an earlier deadline to cope with demand. Take another look at the Notice of Transfer.

That same Notice should also state when the Claimant must pay the hearing fee. Check with the court to see if they have complied with that date.

Di

[supertracy]

Re: Help needed

Looking at the link for the CCA letter that is basically what I sent to Howard Choen on the 18/07 in the letter I sent it said " I under stand that under the Consumer Act 1974 (sections 77-79), I am entitled to receive a copy of this credit agreement on request.I enclose a payment of £1.00 which represents the fee payable under the Consumer Act.Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned. I understand a copy of the credit agreement should be supplied within 14 working days,

Since I sent this I heard nothing from them a part from a letter from'Robin way' acknowledging the payment and adding to the account.

And now on getting the WS from Howard Choen in which they have sent copies of 're-constituted internet application agreement & the original terms & conditions at the inception of the account' /'reconstituted agreement final terms and conditions at termination' also it says copies of all available statements of which there is only 3 Oct/2010 - Nov/2010 - Dec/2010 .

sorry have just reread the Notice of Transfer and it does say about the 14 days , does this means that I can not send in the WS .

Really sorry about all this I am just in a right pickle at the moment I am still all over the place , I lost both my parents early this year to Cancer so my mind is not fully working my left hand doesn't know what the right is doing if you know what I mean

[Diana M]

Re: Help needed

So you have already sent a CCA Request (according to you)

As expected the Notice of Transfer did give you a 14 day pre-hearing deadline to file your WS so do that as soon as you can or the Claimant may ask the court to strike out your a Defence for non compliance with the court's Directions.

Di

[nemesis45]

Re: Help needed

Looking at the link for the CCA letter that is basically what I sent to Howard Choen on the 18/07 in the letter I sent it said " I under stand that under the Consumer Act 1974 (sections 77-79), I am entitled to receive a copy of this credit agreement on request.I enclose a payment of £1.00 which represents the fee payable under the Consumer Act.Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned. I understand a copy of the credit agreement should be supplied within 14 working days,

Since I sent this I heard nothing from them a part from a letter from'Robin way' acknowledging the payment and adding to the account.

And now on getting the WS from Howard Choen in which they have sent copies of 're-constituted internet application agreement & the original terms & conditions at the inception of the account' /'reconstituted agreement final terms and conditions at termination' also it says copies of all available statements of which there is only 3 Oct/2010 - Nov/2010 - Dec/2010 .

sorry have just reread the Notice of Transfer and it does say about the 14 days , does this means that I can not send in the WS .

Really sorry about all this I am just in a right pickle at the moment I am still all over the place , I lost both my parents early this year to Cancer so my mind is not fully working my left hand doesn't know what the right is doing if you know what I mean

That misuse of the CCA fee and their non compliance must go in your WS as well. Get the WS finished and sent by tomorrow.

nem

[supertracy]

Re: Help needed

this is my Witness Statement so far :-

IN THE COUNTY COURT AT xxxxxx
Claim No: Cxxxxx


Between


HOIST PORTFOLIO HOLDING 2 LIMITED (CLAIMANT)
AND
xxxx xxx xxxx (DEFENDANT)




WITNESS STATEMENT OF - xxx xxx xxx


I xxxx xxxx xxx, of xx xxxxx xxxx xxxx xxxx, state as follows:


I the Defendant seeks the Claimants claim to be dismissed by the court as time for collecting this account has run out.
No payment or acknowledgment has been made by the Defendant for a period exceeding six years.
The Claimant has failed to provide evidence to the Defendant that the limitation period hasn’t passed, this has been requested a number of times.
Therefore
The debt is statute-barred under the Limitations act 1980.


1.
Please see exhibit 'TF1' copies of bank details stating when last payment was made on this account which was 01/02/2010, no acknowledement or payment has been made since this date, the Claimant has failed to provide the Defendant with any proof that this is not the so.
2.
On 18th August 2016 a request under the provisions of sect 77/78/79 of CCA 1974 to Howard Cohen & Co.Solicitots(acting on behalf of the claimant)(exhibit TF2 copy of letter and proof of postage) the request has not been complied with. However Robinson Way Ltd. Has allocated the statutory fee as a payment to the account.
3.
On 1st February 2016 Robin Way Debt Collectors sent a letter to the Defendant exhibt 'TF3' stating that there was already a 'County Court Judgement' order against the Defendant ref this account, and that enforcement action will be consider. This is untrue because no CCJ was in force at this time for this account.
4.
On reading the Witness Statement of the claimant it states paragraph '8' "On 11th August 2012, pursuant to s.87(1) of the Consumer Credit Act 1974 (the "Act"). a Default Notice was served upon the Defendant..' but their enclosed copy (their exhibit "JB4") exhibit 'TF4' states that it was sent on 11th August 2010
5.
The claimant states that they intend to rely upon the provisions of Civil Procedure Rule 7.2 1 .1. stating that the claimant has 6 years from the date the account fell into default: The defendant has been unable to confirm this statement.
6.
The Defendant avers that as the date of the last payment to this account was 1st February 2010 and no further payments or written acknowledgments having been made since the date of the last payment the debt is statute barred.





Witness Statement


I believe the contents of this statement to be true




XXX XXXX XXXXX
OF
xxxx xxxxx
xxxx xxxx
xxx
Dated : 29th December 2016
Clam No: Cxxxxx


APPENDIX:
EXHIBIT TF1 : Copies of Bank details of when last payment was made
EXHIBIT TF2 : Copy of CCA letter sent to Howard Cohen & Co.Solicitots with proof of postage and reposnce letter.
EXHIBIT TF3 : Copy of letter sent from 'Robin Way Debt Collectors '
EXHIBIT TF4 : Copy of claimant's exhibt 'JB4'

is this ok thank you all for your help

[nemesis45]

Re: Help needed

this is my Witness Statement so far :-

IN THE COUNTY COURT AT xxxxxx
Claim No: Cxxxxx


Between


HOIST PORTFOLIO HOLDING 2 LIMITED (CLAIMANT)
AND
xxxx xxx xxxx (DEFENDANT)




WITNESS STATEMENT OF - xxx xxx xxx


I xxxx xxxx xxx, of xx xxxxx xxxx xxxx xxxx, state as follows:


I the Defendant seeks the Claimants claim to be dismissed by the court as time for collecting this account has run out.
No payment or acknowledgment has been made by the Defendant for a period exceeding six years.
The Claimant has failed to provide evidence to the Defendant that the limitation period hasn’t passed, this has been requested a number of times.
Therefore
The debt is statute-barred under the Limitations act 1980.


1.
Please see exhibit 'TF1' copies of bank details stating when last payment was made on this account which was 01/02/2010, no acknowledement or payment has been made since this date, the Claimant has failed to provide the Defendant with any proof that this is not the so.
2.
On 18th August 2016 a request under the provisions of sect 77/78/79 of CCA 1974 to Howard Cohen & Co.Solicitots(acting on behalf of the claimant)(exhibit TF2 copy of letter and proof of postage) the request has not been complied with. However Robinson Way Ltd. Has allocated the statutory fee as a payment to the account.
3.
On 1st February 2016 Robin Way Debt Collectors sent a letter to the Defendant exhibt 'TF3' stating that there was already a 'County Court Judgement' order against the Defendant ref this account, and that enforcement action will be consider. This is untrue because no CCJ was in force at this time for this account.
4.
On reading the Witness Statement of the claimant it states paragraph '8' "On 11th August 2012, pursuant to s.87(1) of the Consumer Credit Act 1974 (the "Act"). a Default Notice was served upon the Defendant..' but their enclosed copy (their exhibit "JB4") exhibit 'TF4' states that it was sent on 11th August 2010
5.
The claimant states that they intend to rely upon the provisions of Civil Procedure Rule 7.2 1 .1. stating that the claimant has 6 years from the date the account fell into default: The defendant has been unable to confirm this statement.
6.
The Defendant avers that as the date of the last payment to this account was 1st February 2010 and no further payments or written acknowledgments having been made since the date of the last payment the debt is statute barred.





Witness Statement


I believe the contents of this statement to be true




XXX XXXX XXXXX
OF
xxxx xxxxx
xxxx xxxx
xxx
Dated : 29th December 2016
Clam No: Cxxxxx


APPENDIX:
EXHIBIT TF1 : Copies of Bank details of when last payment was made
EXHIBIT TF2 : Copy of CCA letter sent to Howard Cohen & Co.Solicitots with proof of postage and reposnce letter.
EXHIBIT TF3 : Copy of letter sent from 'Robin Way Debt Collectors '
EXHIBIT TF4 : Copy of claimant's exhibt 'JB4'

is this ok thank you all for your help

OK I would still add the part about Robison Way allocating the stat fee as a payment to the account.

nem