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Hoist Portfolio Holding & Howard Cohen vs Darwinawards

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  • #16
    Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

    You Must inform the court of the 14 day agreed extension asap, by phone or e-mail is fine.

    nem

    Comment


    • #17
      Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

      My defence was placed within the correct timescales.
      I have received no communication from Howard or Hoist but today have received a "notice of proposed allocation to the small claims track".
      please help with form filling. Do I agree to this allocation even though no paperwork has been provided and do I agree to mediation?

      defense was based on as I was not aware of the debt I was unable to defend it without appropriate documentation.

      Comment


      • #18
        Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

        The allocation would be the correct one for this case.
        Yes tick for mediation the judicial system requires that the
        parties should attempt resolution with out resorting to a hearing.
        What else do you need to fill in?
        Be aware that not being aware of the debt is not an adequate defence.

        You should check with the court to see if the claimant/sols of filed any documents, just in case they
        have and have not sent copies to you.

        nem

        Comment


        • #19
          Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

          Thanks Nem for such a speedy response!

          can I just call the court and will they forward any documents they are in receipt of?

          with regards to defense I used a template on here and modified it to my personal circumstance. I am happy my defense was appropriate.

          should I send any sort of letter to the claimant?

          also how do I find out who my home court would be?

          if they do have documents at what point do I legally get to see them. Can they just produce them on the court day or do I get to see them before this?

          are they likely to be pursuing this without any documents

          Comment


          • #20
            Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

            The nearest court to your home address will be set by the NCCBC and all the documents
            will be sent there by the Business Centre then the local court will take over the admin of the claim.
            You can " remind" the claimant and its solicitors that they have not fulfilled the CCA and/or CPR31.14
            requests.

            Be aware if a CCA request has not been complied with within the 12 + 2 Working days time scale the debt is
            unenforceable until the agreement is supplied.

            nem

            Comment


            • #21
              Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

              Thank you x

              Comment


              • #22


                **Be aware if a CCA request has not been complied with within the 12 + 2 Working days time scale the debt is
                unenforceable until the agreement is supplied.**

                Hi Nemesis45,

                Was reading your posts about other people and I waited 12+ 2 days for CAA and was told they have requested it and my account is on hold till they find it. Why do I have to wait again? if they have it then why wait to supply it? the credit card is is from 2004.

                Thanks in advance

                Comment


                • #23
                  old thread this one 2015

                  Comment


                  • #24
                    sorry do I open new post?

                    Comment


                    • #25
                      click on forum above then scroll down to top click on topic and look for new post click on it and post

                      Comment

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                      SHORTCUTS


                      First Steps
                      Check dates
                      Income/Expenditure
                      Acknowledge Claim
                      CCA Request
                      CPR 31.14 Request
                      Subject Access Request Letter
                      Example Defence
                      Set Aside Application
                      Directions Questionnaire



                      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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