Where do I start? Court papers received :(

[Kidseh!]

Re: Received 'Notice of proposed Small Claims Track'

Just seen this rely, Thank you.

Do I just photocopy the form as they have only sent one copy?

Do I say yes to mediation and yes to small claims suitability?

Does this mean Hoist Portfolio have opted for court and if so how can a claim be defended with no information?

Sorry for the barrage of questions x

[warwick65]

Re: Where do I start? Court papers received

Hi
yes one copy to the solicitors and one to the court.

Often these cases are about who blinks first so just keep going

[Kidseh!]

Re: Where do I start? Court papers received

Thank you so much x
Ill get that sorted tomorrow , is it wise to send recorded delivery?

[Kidseh!]

Re: Where do I start? Court papers received

Quick question , do I tick that's it's suitable for small claims even though I have not received any information from them? C1

[Amethyst]

Re: Where do I start? Court papers received

Yes xx

[Kidseh!]

Re: Where do I start? Court papers received

Yes xx

Thank you! All done ... back to waiting again ..
xx

[Kidseh!]

Re: Where do I start? Court papers received

Hi again

After completing the forms for court and ticking the box for mediation, I've heard nothing back until yesterday. Nothing at all from mediation just a letter from court saying it had been transferred to my local court and I was to await direction from the judge?

Can they proceed without providing any paperwork/evidence?

Thanks in advance x

[jaguarsuk]

Re: Where do I start? Court papers received

Hi

The transfer to your local court is normal, next you will receive a form titled "General Order or Judgement" which sounds more scary than it is. It will set a date for the hearing, tell you what you need to do before it and say if the judge thinks that the parties should mediate. If they have agreed mediation then you'll get contact from the mediation service separately.

The case will proceed to a hearing unless the claimant asks for it to be stayed (paused) or they don't respond to the court process, so the court stays it.

You should continue to prepare for a hearing until you receive directions from the court no to continue. They will have until 14 days prior to the hearing to provide you all the documents they intend to rely upon and you will have to provide them all of yours too.

[Diana M]

Re: Where do I start? Court papers received

The case will proceed to a hearing unless the claimant asks for it to be stayed (paused) or they don't respond to the court process, so the court stays it.

Perhaps I should just clarify that if either party doesn't respond to the court process then it's likely the court will strike out their Claim or Defence not stay the proceedings.

If the Claimant or Defendant want the claim stayed they would have to make an Application to the court for a stay unless the stay is agreed between the parties by consent and the court makes an Order to that effect.

Di

[Kidseh!]

Re: Where do I start? Court papers received

Hi again
General Order of Judgement received today as expected.

Is there any guidance on this site around preparing a witness statement?

Also the letters states b) Copies of all documents you wish the court to see in deciding your case.


I've requested all documents as guided by this site and have received nothing at all, do I state the documents again which I want the court to see?


Is does state mediation is a possibility and have given contact telephone number and email address, I'll contact them with in 7 days but again how can mediation take place without the relevant documents.

Thanks again for all the help offered here x

[Diana M]

Re: Where do I start? Court papers received

General Order of Judgement received today

I'm guessing you've received a Notice of Hearing, if so what is the date of the Hearing and is there an estimated length?

Your son may not have received any documents from the Claimant so far, but they may source or reconstitute them before the Witness Statement stage so keep your eye on things.

I also notice the Claimant is unlicensed so have you pleaded that in your Defence?

I can't see anywhere on your thread when (what year) and how your son opened the account. Was it online, in a branch, in response to an invitation/mailshot etc?

And finally what documents did you ask Howard Cohen to produce in your CPR 31.14 Request?

Di

[Kidseh!]

Re: Where do I start? Court papers received

Hi Diana
So sorry for the delay in replying x

This is the defence we put forward, I received a response from Robinson way stating they had put the case on hold but we went ahead and completed all court papers anyway after following advice on here.
We have had no communication apart that on letter.
A letter arrived at my address (where my son hadn't lived for 2 two years) requesting the money via court action.....
This is the defence we sent

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4: [It is admitted/denied] that the Defendant has [previously] entered into [anagreement/agreements] with [Original Creditor /Claimant] for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Barclays Bank PLC to Hoist Portfolio Holding, no date stated. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Barclays Bank PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 26.6.2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen & Co. I requested the Claimant provide copies of the Agreement and Default Notice

9. Howard Cohen and Co has not sent any of these documents to me.

10. On the 21.6.2017 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holdings pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

[Amethyst]

Re: Where do I start? Court papers received

Did you take this bit out before you sent it btw?

4: [It is admitted/denied] that the Defendant has [previously] entered into [anagreement/agreements] with [Original Creditor /Claimant] for provision of credit.

otherwise sounds fine

Did you get your Witness Statement sorted out? Some examples here -> http://legalbeagles.info/forums/show...ness-Statement --- to get you started.

When's the hearing? and when does/did your WS have to be in for?

[Diana M]

Re: Where do I start? Court papers received

Hi Diana
So sorry for the delay in replying x

This is the defence we put forward, I received a response from Robinson way stating they had put the case on hold but we went ahead and completed all court papers anyway after following advice on here.
We have had no communication apart that on letter.
A letter arrived at my address (where my son hadn't lived for 2 two years) requesting the money via court action.....
.

Are you referring to the letter Robinson Way sent before you filed the Defence or has there been another letter since?

Di

[Kidseh!]

Re: Where do I start? Court papers received

Thanks
No hearing date as yet, just a letter requesting submission of WS by 4pm 16th November

- - - Updated - - -

Are you referring to the letter Robinson Way sent before you filed the Defence or has there been another letter since?

Di

Just the one letter Di, received before defence was filed. No communication since then apart from direct from the court