Advice Please Thomo68 vs Hoist & Howard Cohen

[nemesis45]

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.

You say in post 44 the claimant is dropping the claim???

Has this been confirmed?

You could send copy of that letter to the court in support of having the claim struck out.

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Hi Nem - it wasnt me that said the Claimant was dropping the claim it was 'nomoneynoproblem' that happened to fingers crossed for me too!!

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Hi Nem - it wasnt me that said the Claimant was dropping the claim it was 'nomoneynoproblem' that happened to fingers crossed for me too!!

Got Thomo, thanks, reading too fast!!

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Any ideas on how long this takes - havenr received anything from HC or the local court?

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Any ideas on how long this takes - havenr received anything from HC or the local court?

Hi Thomo.
Best check with the court I think, you should have heard by now.

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Nem - which court should I check with? I wonder whether HC have withdrawn as are unable to supply any documentation to support the claim - do you think this would be a possibility? And, do you know whether there are any further costs involved for them pursing in the local court? TY in advance.

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Nem - which court should I check with? I wonder whether HC have withdrawn as are unable to supply any documentation to support the claim - do you think this would be a possibility? And, do you know whether there are any further costs involved for them pursing in the local court? TY in advance.

Hi Thomo,

If the claim has been allocated to your local court phone them, quoting the Claim No. and the date of issue.

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Ok thanks Nem, the last communication we had from Northampton said it was being referred to the local court so I will contact the local court for an update.

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Ok thanks Nem, the last communication we had from Northampton said it was being referred to the local court so I will contact the local court for an update.

Yep that's the one!

nem

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Any ideas on how long this takes - havenr received anything from HC or the local court?

The legal process can take a long time, that's why the questionnaire asks for your availability in the next six months.

With regards to the documents, the court will give directions to send them to you at least 14 days before the trial, if they are unable to get their hands on them they may not be able to proceed with the claim, ray: what a shame! :lol:

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Flaming Parrot - I am hoping that this will be the case as they have been unsucessful in providing them to date despite being requested several times. Fingers crossed!!

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Hi Guys - just a quick question, OH has two cases on the go - the second one has also just been referred to the local magistrates court however the Solicitors have just sent through the documents proving the debt and asking us now to deal directly with them - the last payment made was on Feb 2011 so almost SB. Bearing in mind that Magistrates can take upto 6 months to hear the case, would you advise dealing directly with the Solicitors or should we hang out for the Magistrates which could potentially make it SB. Thanks as always,

[Amethyst]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

I doubt it will be Magistrates - that's criminal cases. So county court.

SB time accrual ends at the point the claim is issued, so unless it was statute barred before that point then there's no point stringing anything out in the hope you reach SB as you won't.

So what documents have they actually sent you 'proving' the debt? and what is the original debt? ( is that on this thread?)

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Amethyst - It was for a Credit Card and they have sent a copy of the original agreement however, I thought to be honest that OH was already paying it off at £25 a month to another Solicitors - Restons, so will have to make enquiries before entering into any agreements I suppose

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Hi Guys - just a quick question, OH has two cases on the go - the second one has also just been referred to the local magistrates court however the Solicitors have just sent through the documents proving the debt and asking us now to deal directly with them - the last payment made was on Feb 2011 so almost SB. Bearing in mind that Magistrates can take upto 6 months to hear the case,

You may be referring to a totally different case here. If it's a credit debt, it would be dealt with in the County Court rather than the Magistrates Court. Magistrates Courts deal mostly with criminal matters, however, they also deal with council tax liability orders. Is the other case for unpaid council tax? If so, you may want to start a separate thread about it as the process for dealing with that is completely different from regular debts. :typing:

would you advise dealing directly with the Solicitors or should we hang out for the Magistrates which could potentially make it SB. Thanks as always,

Once a claim is issued, the SBd clock stops, delaying the case has no effect if the debt was not SBd at the time the claim was issued. :mmph: