I had a claim against me from Hoist via their solicitor. I duly made a defence on mcol to say they hadn’t provided me with the relevant documents CCA etc and sent a CPR31.14 and CCA request off. I still haven’t received anything but had a form saying the claim had now been tracked to the small claims court. I am confused and worried and need some help in how best to deal with this. I am dyslexic so would find it hard to defend myself in court but at the same time have limited finances to appoint someone to act n my behalf. Any help will be greatly appreciated .Thanks in advance*
No response to CPR 31.14 request. Claim now tracked to small claims courts
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the court will contact about possible mediation - at that point they would phone you and ask if you have the necessary documents to proceed with possible mediation if not - the they simply state no mediation and inform the court who go to the next stage, getting documents ordered by the court at a later date, not un common nothing at the moment* = spend time reading threads on here and see you are not alone* keep up to scratch on filling copies etc also give all the info you have what it is all about and when last payment* type etc etc etc
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So I got advice from another site initially but unfortunately I didn’t have money to pay for any legal services so it kind of ended there hence I did my own defence and requested documents which was the last bit of advice given to me. I just don’t know what to do now. I was expecting my request for documentation to be complied with before the claim being tracked to the small claims court. Can anyone advise of potential time frame of events going forward? Can I still use mediation if they haven’t provided documentation I requested?
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who sent the N149? solicitors or court?? await court copy if not and agree to mediation before you rush off answer the questions, i.e. what is the claim all about:= regrds? last payment? default date?? etc etc stop panicing they want you to panic and make fatal mistakes * read threads and get an idea?* as you state you cannot afford Solicitor so concentrate and respond to questions on here, another site you state you left as no solicitor (doubt they stated you had to use one?)
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Originally posted by MIKE770 View Postwho sent the N149? solicitors or court?? await court copy if not and agree to mediation before you rush off answer the questions, i.e. what is the claim all about:= regrds? last payment? default date?? etc etc stop panicing they want you to panic and make fatal mistakes read threads and get an idea? as you state you cannot afford Solicitor so concentrate and respond to questions on here, another site you state you left as no solicitor (doubt they stated you had to use one?)
the courts sents the N149 but the initial claim was from Howard Cohen acting on behalf of Hoist Portfolio.
The claim refers to a credit card (Barclaycard) *£1600. The last payment was 18 months ago and came about due to unemployment. I don’t have a default notice but that doesn’t mean I never received one. As far as the other site was concerned I spoke with someone via the site who works for a firm of Solicitors who advised to send the CCA and CPR request. I then got A call from their colleague who started talking money which I wasn’t expecting at that particular time. So I had to cobble together a defence together myself though it isn’t written in legal talk. So at this stage I need reassurance of how this is likely to play out, providing I am compliant with things.
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So I sent the DQ back and today received a text message out of the blue from the mediation service reminding me about an appointment on 29 th May. This is the first correspondence I have had from the mediation service, is this the usual protocol? Also can anybody advise what to expect and how to deal with this on the mediation day itself? Thanks in advance
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SHORTCUTS
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If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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