Advice Please Thomo68 vs Hoist & Howard Cohen

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Flaming Parrot - it's county court my mistake and its for an old Credit card debt

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Flaming Parrot - it's county court my mistake and its for an old Credit card debt

Ah, that's much better than dealing with council tax stuff. :nod:

However, the same thing applies with regards to SBd, i.e. the clock stopped when the claim was issued. :ohwell:

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Ok thanks - what a shame . Should we deal directly with the Solicitors now or wait until it comes up at the local Court?

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Ok thanks - what a shame . Should we deal directly with the Solicitors now or wait until it comes up at the local Court?

I can't answer that question without knowing the details of the case. :noidea:

You may want to start a new thread about that one. :typing:

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Advice please - the claimants have now supplied all the paperwork to the court proving the debt so I take it we have to withdraw our defence and admit liability is this correct. Will the court take i to account how long the debt has been dormant when making the repayment order as hubby (this is his debt) is on a zero hours contract so am hopjng it wo t be too high.

[Amethyst]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Does that mean you have received a witness statement from the claimants and they have supplied that with the credit agreement etc to the court ? did you put in a witness statement as well ?

If you don't feel you have a defence to continue on then you can contact the claimant and try and negotiate a settlement/installment order and ask if they would consider doing that under a consent order/tomlin order - this would mean you don't have the CCJ and they have the security of knowing if you miss payments they can go straight for judgment and enforcement.

If they won't negotiate an agreement with you then you can contact the court to withdraw your defence and make an offer to pay, based on your income and expenditure so it is an affordable amount. The delay is due to the claimants delay in providing documents.

[MIKE770]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

have the site seen your paperwork to see if enforceable and correct????

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Mike770 - I'm just taking it for granted, there seems to be alot there, photocopy of Id, credit agreement etc, notice of assignment, that's just off the top of my head I'm at work now so can't remember everything but surely the court would know if the paperwork supplied by the claimant is not enforceable and correct or, am I just being naive??

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Sorry Amethyst only just seen your reply thankyou - what is a witness statement, what would I be looking for in the paperwor and no, I didnt do one. The court have offered an extension but I have to let them know by Dec 8th 2015. Thanks again

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Sorry Amethyst only just seen your reply thankyou - what is a witness statement, what would I be looking for in the paperwor and no, I didnt do one. The court have offered an extension but I have to let them know by Dec 8th 2015. Thanks again

The WS is your account of the events that have resulted in the claim being issued.
Check out some threads with witness statements on them to give you an idea of content and format. The Claimant also makes a statement to support their claim.

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Nem for your quick response - I've looked for WS but can't find any - could you share a link with me please? Ta muchly in advance.

[Amethyst]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Example WS http://www.legalbeagles.info/forums/...ness-Statement

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Amethyst - all looks very confusing. What do I do if there is no WS from the Claimants even tho they have submitted lots of other paperwork? Thanks again.