Court Claim - hoist portfolio / Santander - 19-2-2015

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Just to update, today I received confirmation from ten court that they received my defence and will forward it to the claimant who will then have 28 days to respond. I have no doubt that they will do this. as I've said, I really need to not have a CCJ on my file. In an ideal world they wouldn't have the docs which would solve the problem but I feel that's probably unlikely and they will give them to me. Once this happens, provided everything is there I can't really defend the claim. If I was hoping for a tomlin order how would I go about this rather than the court just giving a CCJ. Also, if a CCJ was issued, what are the kind of timescales I'm looking at? Ie, how long am I likely to have before it would need to be paid off in full in order to be wiped from my report? I'll really struggle to find that kind of money but I'm going to try my best.

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Hi, There is still time for mediation/negotiation 2nd guessing what the claimant may or may not have in the way of documentation will do no good.
If a CCA request has not been complied with then the debt is unenforceable until it is produced.
A Tomlin Consent order as an outcome of mediation becomes useful once we see what the claimant makes
of your defence, mediation is now expected prior to the court hearing.

nem

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Thanks nem, I just feel like if they have the documents I have no other defence. Do the docs requested in the CCA and CPR letter all need to be produced? If they do produce them, what would be the next step? Are they likely to seek mediation or is that something I would do?
finallu, worst case scenario, how long do you reckon it could be til I ccj was made?
Sorry I know I ask loads of questions but I really appreciate you spending time advising me :0)

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

The important request is the CCA, because if the agreement is not provided the debt becomes unenforceable after the 1 2 + 2 Working days time scale expires and remains so until an agreement is provided.

Never be afraid or concerned about asking questions it's the best way of learning and understanding what DCA's can and cannot do!!

em

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Hi. So it was 28 days on Friday sinnce I received my letter from the court saying they would give the claimant 28 days to respond to my defence. I haven't heard anything at all from them. Is it now just a case of waiting to hear from the court?
Thank you

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Check with the court if the claimant has not responded the claim will be stayed.

nem

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Thanks Nem. Called the Court who said they dont currently have anything on their system from the claimants but that they are running a little behind with work. If it was received at the Court prior to 27th April they will process it, otherwise the claim will be stayed.

One more quested, if the claim is stayed i understand the claimant has to apply to a judge to have it reinstated. How long is this process likely to take, do you think. I am trying to save all of my spare cash in case of a CCJ being made so that it can be paid within the month and so be wiped, but I have other bills i need to pay at the moment. The CCJ is my priority but i dont want to not be paying other things if its likely to be at least a few more months.

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Hi. I still haven't heard anything from the court or the claimant and given the timescales they are now too late so assuming it will be stayed. What do I do now, wait til they decide to proceed? Also, as above, how long does the process usually take. Thank you

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Ok what you need to do is keep checking
with the court on the status of the claim as
you will not be informed if the claim is stayed.

The court must really be behind if it's still
processing data from pre April 27.

Check again Thurs/Friday on this.
Hoist have filed late on a few cases recently
and then beg relief from sanctions.

Time scale is hard to judge on this, but
if the claim is stayed I would suggest given
that a considerable time has already elapsed
since the " due " date giving Hoist 7 days notice
of intention to apply have the claim struck out.

Come back here when the status of the claim is clear and
we can go from there.

nem