Advice Please Thomo68 vs Hoist & Howard Cohen

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

TBH I'm not sure that it is quite statue barred - so is their non compliance not enough?

No compliance is a chancy defence they could come up with an agreement or a complaint recon.

SB coupled with no compliance is firmer ground.

Suggestion: 1.
Ring Santander and ask them for the date of the last payment and the default date.
Suggestion 2. Check Credit Files: Call Credits Free offshoot Noddle often has historical data.

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

As an update - the defence was entered and the Court have been in contact advising they have shared the Defence with the Solicitors who may be incontact to resolve informally. HC I belive have 28 days from receiving the defence to advise the court they wish to proceed after which the claim will be stayed - fingers crossed!!

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

As an update - the defence was entered and the Court have been in contact advising they have shared the Defence with the Solicitors who may be incontact to resolve informally. HC I belive have 28 days from receiving the defence to advise the court they wish to proceed after which the claim will be stayed - fingers crossed!!

Count those 28 days very carefully, the occasional check with the court would not go amiss.

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Ok so the defence was shared on April 22nd and I understood HC had 33 days to defend which I make May 25th 2015. Now court papers have been received Nottice of Proposed Allocation to the small claims track - then Take Notice That this is a defended claim and that June 12th is the deadline to complete the questionairre. Totally confused - have HC submitted info to the court but not us? Advice as always appreciated.

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Ok so the defence was shared on April 22nd and I understood HC had 33 days to defend which I make May 25th 2015.

The claimants have 28 days from receipt of your defence to inform the court of whether they wish to proceed with the claim. It is you who is defending it.

Now court papers have been received Nottice of Proposed Allocation to the small claims track - then Take Notice That this is a defended claim and that June 12th is the deadline to complete the questionairre. Totally confused - have HC submitted info to the court but not us? Advice as always appreciated.

That's just the next stage in the process, they have decided to proceed so the court will have issued an N180 directions questionnaire. If the claim is below £10k it would go to small claims. You need to fill in and return the questionnaire as indicated.

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you - so I am assuming that they have been ablee to provide evidence of the credit agreement although they have not provided it to me as requested? It feels like its a fait accompli and I cant defend it anymore just ask for mediation - is that correct?

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you - so I am assuming that they have been ablee to provide evidence of the credit agreement although they have not provided it to me as requested?

No, that's not at all what I meant, apologies for the misunderstanding. Upon receipt of your defence, all they had to do is tell the court that they wished to proceed with the claim, there was no requirement to provide any evidence at that point, that will come later if it goes all the way to trial, the court will give directions to disclose the documents they intend to rely on as per CPR 27.4: https://www.justice.gov.uk/courts/pr...es/part27#27.4

a) ‘standard directions’ means – (i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing;

As per the above paragraph, any documents disclosed will have to be disclosed to YOU, they can't just be sent directly to the court.

It feels like its a fait accompli and I cant defend it anymore just ask for mediation - is that correct?

No, it is not so. See above. If you tick the mediation box it will be a short phone conversation during which you can say you were hoping to have been received the documents that formed the basis of their claim by now but you haven't. The claim will proceed to trial and they will have to come up with the documents as stated above. :thumb:

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you soooo much, thats alot clearer. So its not over yet and they will have to provide evidence of the credit agreement to enforce the debt (could they just be trying to blag it?) Also is mediation the better route to go?

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you soooo much, thats alot clearer. So its not over yet and they will have to provide evidence of the credit agreement to enforce the debt (could they just be trying to blag it?) Also is mediation the better route to go?

Agreeing to mediation makes you look good.

Of course it's not over yet, unless they decide to discontinue, there will be a hearing, but that's still some way away. :juge:

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you - love this site such fab advice. I am concerned about attending a hearing tbh and will just have to deal with that as and when I suppose. Will go for mediation and see where that takes us. Thanks again.

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you - love this site such fab advice. I am concerned about attending a hearing tbh and will just have to deal with that as and when I suppose. Will go for mediation and see where that takes us. Thanks again.

Keep us posted and we'll be able to throw some tips at you. :thumb:

[Nomoneynoproblem]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thomo 68, hang in there. I had a similar experience with 1st Credit it was allocated to small claims, I put in for mediation but both parties could not agree eventually 1st credit decided not to pursue their claim and case got dimissed.

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks for this - just waiting for the Mediation Service to make contact, how long does it usually take before this happens can you remember? Still havent received any evidence of credit agreement etc so that will remain the basis - any other tips you can share ?

[Nomoneynoproblem]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks for this - just waiting for the Mediation Service to make contact, how long does it usually take before this happens can you remember? Still havent received any evidence of credit agreement etc so that will remain the basis - any other tips you can share ?

In my case I got a letter out of the blue from the mediation service stating they did try to make contact and because both parties were no responsive the case would be sent back for a Judge's direction. In the meantime the Claimaint wrote stating they no longer wish to pursue the claim. I then wrote to the court informing them of this and the Court wrote to both parties asking for clarification and if a response was not forth coming by a certain date the case would be dismissed. The Claimaint officially then decided to drop the case.

i hope this helps.

nmnp.....

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

We've had a letter from the Mediation Service saying the Mediation Team has been unable to secure a mediation appointment but we havent heard from them so thats disappointing
The case has now been referred to our local court and we need to wait and hear - lets hope Hoist write and decide not to pursue - they still havent come up with all the requested documents so fingers crossed.
I'll keep you updated.