Howard Cohen solicitor/Hoist portfolio court proceedings

[Diamonddogs]

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.

[MIKE770]

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?

[MIKE770]

CCA Request

CPR 31.14 Request

[MIKE770]

jaguar

[Diamonddogs]

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.

[MIKE770]

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

[Diamonddogs]

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.

[Diamonddogs]

Hi again. Please could you offer me some further advice on how to handle this matter, although it would seem I'm no longer in a position other than to negotiate with hoist now.

following the application procedure to court made in june I was put forward for mediation, which I accepted but then couldn't fulfill as I couldn't say yes to I all the questions. Therefore mediation was no longer an option. I have eventually received a letter from Howard cohen today advising me they do not feel I will be successful with my defence and invite me to pay before they continue for a ccj. They have included the notice of assignment and some statements. The statement of last a payment shows 8th August 2012

I can now identify the debt to one of a few I attempted to settle in October 2012. This one rejected my settlement which is why it was left outstanding. The others accepted the reasonable settlement offers. Now I'm in a position I can only pay minimal again .

It would have been statue barred around now but my question is it is my belief that any court proceedings before this limitation period makes this irrelevant, or is it the court applicaton for ccj ?I'm unsure if the process I'm going through is as yet considered an application to court or is that when they apply for a hearing or ccj....I filed a defence as stated previously in posts, awaited stages of mediation etc.

[Amethyst]

Okay, yes if the last payment is August 2012 and the claim was issued in June? they are likely to have got in under the wire. However, you mention they have sent you a notice of assignment and some statements.... no agreement ?

Can you tell us a bit about the original debt ? It's a credit card, and you have sent a CCA request which hasn't had a response. Do you have any idea when the credit card account was opened ? defaulted ? How much approx is it for?

[Diamonddogs]

Hi thank you for responding. It is a credit card and according to the letter, owing £2316. I think I opened it in 2011 then attempted to settle payment in October 2012 following a house sale. I never received the original notice of assignment but they sent that copy today, along with copies of statements from original creditor. I have requested twice, the CCA but not received this at all .

I'm curious as to why they've left it this long to send me these documents despite my request but still no CCA. I suppose it's because 'they can'

[Diamonddogs]

I can't prove I sent a CCA request though as I never sent it recorded. I learned from this sending the court docs recorded thereafter

[Amethyst]

Did you include the CCA request details and lack of response in your defence?

I think a reply to the claimant stating that they have failed to provide the agreement, despite your formal CCA request, and as such your defence stands, is in order.

[Amethyst]

I can't prove I sent a CCA request though as I never sent it recorded. I learned from this sending the court docs recorded thereafter

You could send another by recorded delivery now if you are concerned ( to Hoist ( as creditor/owner ), not Cohen )

[Diamonddogs]

When I filed my defence online I stated I have no knowledge of this debt as at time I didn't. They listed it it with a different account number and as a bank account on my credit file so I was a tad confused.

When I filed my defence i wrote;

( I was also advised that I should have
received a 'Notice of assignment' when they took over the alleged
debt. If I had of received a 'Letter before action', I would have
at this point requested that HOIST PORTFOLIO send me the original credit agreement that this debt is relation to and the Deed/Notice
of assignment from whom it was legally assigned from.

I have now written to HOIST PORTFOLIO requesting the above
information.)

[Diamonddogs]

And would you do that including a £1 postal order again ? Would you feel there's any point though if they have it in the bag