Hoist - small claims

[Amethyst]

Think PT means date of Default notice letter, and pay by date. ( possibly ) as there has to be 14 clear days to remedy.

[pt2537]

Think PT means date of Default notice letter, and pay by date. ( possibly ) as there has to be 14 clear days to remedy.

Thats right Sharon its the dates im looking for there

[ADDLED]

Thats right Sharon its the dates im looking for there

Hi pt, the date of the Mercers letter is 10 June 2013. "You must make a payment of £XXX so that it rechaes Barclaycard by 30 June 2013."

Should i get the £2.50 and the curly-wurly ready?

[ADDLED]

Hi all, to put this into context,ive a hearing on Tuesday but i only received Hoist bundle last week so I've been pulling my hair out trying to deal with it in a really short space of time. Im also trying to support my son's mother as she's going through a bit of a health crisis so im feeling the pressure a bit.
I was wondering if it would be best to ask for an adjournment so that i have a reasonable time to get a defence together. To be fair it wasnt their fault as when i got back from seeing family at Easter Royal Mail had wedged a plastic bag full of paperwork through my letterbox with a battered, torn envelope postmarked 5th March, and a sticker on the top apologising for the damage, so its taken them 3 weeks to deliver it. That said, i wrote to Hoist on 28th March as i hadnt had anything from them, and i assumed the package that turned up was in response to my letter.

Ive drafted the following...

1. I received the claim on 29^th April 2017 from the Northampton County Court Business Centre.
2. The Claimant’s claim form fails to adequately set out the nature of the Claim. The Claimant states the claim relates to a regulated agreement with Barclaycard.
3. I believe this to be a credit card account however I do not have any record of the account reference number given.
4. I Acknowledged receipt of the claim via the Moneyclaim Online service.
5. In order to find out more information to enable me to assess my position, on 1^st May 2017 I wrote to the Claimant and the Claimant’s legal representative requesting copies of documents mentioned in their statement of case pursuant to CPR Part 31.14 (EXHIBIT A) These documents being the agreement, default notice and notice of assignment.
6. Additionally, on 1^st May 2017, I sent a formal written request to the Claimant requesting a copy of the original credit agreement pursuant to section 78 of the Consumer Credit Act 1974 (EXHIBIT B).
7. I did not receive a response to these requests, so I wrote again on 15^th May 2017.(EXHIBIT C) and, again, I did not receive a response.
8. As of 28^th March 2018 I still had not received any documents from the claimant and so I wrote to the claimant requesting copies of the documents that they will be relying on in court. Until I had sight of these documents I could not draft a defence.(EXHIBIT D)
9. On or after 31^st March 2018 (I cannot be certain of the exact date as I was away from 30^th March until 3^rd April) I received a bundle of documents from the Claimant.This bundle contained a Witness Statement and accompanying evidential documents pertaining to the claim, however the bundle had been badly damaged by the postal service, the envelope was soiled and torn and it had been repackaged in a plastic bag with a notice from Royal Mail apologising for the damage. (EXHIBIT E)
10. On closer inspection of the documents it appears that there was no fastener to hold the pages together so it is likely that there were pages missing.
11. I made contact with the Claimant by telephone on 5^th April 2018 to request a new bundle of documents so that I may draft my defence.These were received on Saturday 7^th April 2018.
12. Due to the late receipt of the Claimant’s Witness Statement I am at a disadvantage in that I have not been able to seek legal advice nor had the opportunity to draft a defence.I am a layman and will be representing myself in this claim, whereas the Claimant is a professional firm of Solicitors.
13. The Claimant has repeatedly been tardy with filing documents with the court; for example, they were late filing Form N180 and I refer to the Order dated 4^th October 2017 giving the Claimant 7 days to comply or the claim would be struck out.
14. For the reasons above I humbly and kindly request an adjournment so as to allow me to take legal advice and draft a suitable defence to the claim.

I know it sound a bit like "the dog ate my homework", but i really feel that i've no other option right now. What are your thoughts, and has anyone any advice on getting an adjourment?
tks
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Amethyst pt2537 Diana M Kati charitynjw @WARWICK65

[Diana M]

,ive a hearing on Tuesday but i only received Hoist bundle last week so I've been pulling my hair out trying to deal with it in a really short space of time. Im also trying to support my son's mother as she's going through a bit of a health crisis so im feeling the pressure a bit.
I was wondering if it would be best to ask for an adjournment so that i have a reasonable time to get a defence together.

. . . . What are your thoughts, and has anyone any advice on getting an adjourment?

Is the Hearing tomorrow or Tuesday of next week?

Was the “Bundle” you received in the post a Trial Bundle or their Witness Statement with Exhibits? Did the envelope also contain a Costs Schedule even though this is in the Small Claims Court?

You've already filed your Defence but have you filed and served your Witness Statement?

The Claimant will have no incentive to agree to an Adjournment so it would need to be an Application made by you which they can object to.

Can you clarify the situation.

Di

[ADDLED]

Hi Diana, apologies as i hadnt seen your reply, dont always get a response email with the new website format.
Answers below.
tks
ADD

Is the Hearing tomorrow or Tuesday of next week?

This week, sorry to say.

Was the “Bundle” you received in the post a Trial Bundle or their Witness Statement with Exhibits? Did the envelope also contain a Costs Schedule even though this is in the Small Claims Court?

1. Witness Statement with Exhibits
2. No Costs Schedule, just a list of principle amount, fixed commencement fee, fixed commencement cost, hearing fee (is that a costs schedule?)

Excuse my ignorance but whats the difference between a trial bundle and a witness statement?

You've already filed your Defence but have you filed and served your Witness Statement?

Yes, was as above.

[warwick65]

How did it go?

[ADDLED]

Well i got an adjournment, but it came at a price. I'll fill in the details a little later.
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[ADDLED]

Hi Amethyst,

What date was this agreement taken out? Still no date on the agreement / even execution signatures etc ? On the other thread I think you said it was opened in 1998 which would scan ( this one is from 1997 http://i44.tinypic.com/ohnvxf.jpg ) The second agreement from 2012 ( 2017 date is the date it was printed off ) so that will be terms in force before default in 2013.

I was wrong, it was Sept 1996 and its exactly the same as the link you posted, interest rates are the same. Could it be that they're relying on an agreement that wasnt in existence a year earlier?

There is nothing showing how the balance/debt has been calculated at all ?

There copy statements in the bundle but nothing else.

tks
ADD

[Amethyst]

Could be they didn't change terms for a long while so that went through 96 to 98 - way to be sure is to compare interest rate on first statement - or check addresses / numbers given etc

[ADDLED]

Could be they didn't change terms for a long while so that went through 96 to 98 - way to be sure is to compare interest rate on first statement - or check addresses / numbers given etc

Hi, theyve only provided statements from Jan2008 - Nov 2013.