Court Claim - hoist / santander - 24-8-2015

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

hello I have still not got any reply from solicitors for the information
i sent off recorded delivered letters for a crp18 they received this on the 28th august also sent off for a cpr31.14 they received this on the 1st sept what do i do if they don't send me this information i really need this so i can put in a defence any help please

In most cases the claimants and their solicitors haven't got any documents to back up their claims, they issue them in the hope of obtaining default judgment. :mad2: :mad2:

For that reason, most people on here end up submitting just the generic defence based around not having received any documents, however, it's a good idea to chase up your requests and ask them to agree to a 28 day extension as allowed by CPR 15.5 to file your defence. :thumb:

hello does anyone know the email address for howard cohen solicitors please it says they are based in leeds west yorks thanks

Not sure whether they accept service by email but the best way to find out is just to give them a ring. We tend to tell people to avoid ringing and keep it all in writing, however, in this case you need to submit a defence in time a phone call could well save a lot of time. :cell: You can try chasing up your requests and asking them to agree to an extension in view of the fact they've been unable to supply documents, if they agree they can send you an email to that effect that you can forward to the court. :typing:

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

hello thanks for your reply I sent them a recorded letter asking for documents and for 28 days extension
what do I do if they don't agree to the 28 days do I just submit the generic defence based around not having received any documents
if the court papers were dated 24th august what date will I have to put in my defence
thanks again if I hadn't of found this site and the helpful people on here I don't know what I would of done.

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

hello thanks for your reply I sent them a recorded letter asking for documents and for 28 days extension
what do I do if they don't agree to the 28 days do I just submit the generic defence based around not having received any documents

Yes, you still need to submit a defence in time and you'd mention their lack of compliance with your requests and refusal to grant an extension.

if the court papers were dated 24th august what date will I have to put in my defence

You have up to the 26th of September: http://www.timeanddate.com/date/date...aw=&ad=33&rec=

thanks again if I hadn't of found this site and the helpful people on here I don't know what I would of done.

Glad to be of help :yo:

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015 letter to say now discontinuance

Hello update on what's been happening got a letter from Robinson way
Letter on the 2nd sept 2015 saying thankyou for your recent correspondence on this account
we can confirm that the request documentation for your consumer credit act request has been requested from the original creditor therefore your account will remain on hold until we receive these documents.
Then I got a letter dated 4th sept about a email I sent them on 27th Aug 2015
(I asked if they would accept a partial settlement of £1200 but they refused saying they wanted £3900)
The letter says thanks for your recent email offering a settlement of £1200 (email is not recent as it was sent over 2 weeks ago)
in order to assist us please provide supporting evidence in relation to your current circumstances. once we have received this information, we will be able to pass this onto our settlement team to review your offer.
Then I got a letter today but dated the 3rd sept from the solicitors saying they have been advice by Robinson way to discontinue the court claim and letter they have sent to court to discontinuance
what do I do now sent a letter off on Monday to the solicitors as never received any paper work that I asked for
I feel I still need these if they want to start legal proceedings again.
This debt would of been statute barred in jan 2016 does it now reset the clock back
I feel the default notice is defective what do I do about this
I really don't want to let my guard down I want to be prepared if they want to take me back to court any help please
again I want to thank everyone for there advice

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

just checked money claim online about the court claim and it still has the case file on would this of been removed or not very confusing

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

hello can anyone help me with the above thread please thanks

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

Hello update on what's been happening got a letter from Robinson way
Letter on the 2nd sept 2015 saying thankyou for your recent correspondence on this account
we can confirm that the request documentation for your consumer credit act request has been requested from the original creditor therefore your account will remain on hold until we receive these documents.
Then I got a letter dated 4th sept about a email I sent them on 27th Aug 2015
(I asked if they would accept a partial settlement of £1200 but they refused saying they wanted £3900)
The letter says thanks for your recent email offering a settlement of £1200 (email is not recent as it was sent over 2 weeks ago)
in order to assist us please provide supporting evidence in relation to your current circumstances. once we have received this information, we will be able to pass this onto our settlement team to review your offer.
Then I got a letter today but dated the 3rd sept from the solicitors saying they have been advice by Robinson way to discontinue the court claim and letter they have sent to court to discontinuance

That's very good news indeed! :cheer2: :cheer2: :cheer2:

just checked money claim online about the court claim and it still has the case file on would this of been removed or not very confusing

You'll find that the courts take time to process all the submissions they receive, if you only got the letter today, it's possible the court will also only have received their letter today, and it would still be in the queue.

You should definitely make sure that the claim has been in fact, discontinued but it may be a few days before the courts do their bit. :ranger:

what do I do now sent a letter off on Monday to the solicitors as never received any paper work that I asked for
I feel I still need these if they want to start legal proceedings again.
This debt would of been statute barred in jan 2016 does it now reset the clock back
I feel the default notice is defective what do I do about this
I really don't want to let my guard down I want to be prepared if they want to take me back to court any help please
again I want to thank everyone for there advice

It would be an abuse of process to issue a new claim when they've previously discontinued a claim for the same account due to their own inefficiency and inability to obtain any documents, unless they had fresh evidence that wasn't available this time round. :flypig:

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

Then I got a letter dated 4th sept about a email I sent them on 27th Aug 2015
(I asked if they would accept a partial settlement of £1200 but they refused saying they wanted £3900)
The letter says thanks for your recent email offering a settlement of £1200 (email is not recent as it was sent over 2 weeks ago)
in order to assist us please provide supporting evidence in relation to your current circumstances. once we have received this information, we will be able to pass this onto our settlement team to review your offer.

what do I do now sent a letter off on Monday to the solicitors as never received any paper work that I asked for
I feel I still need these if they want to start legal proceedings again.
This debt would of been statute barred in jan 2016 does it now reset the clock back
I feel the default notice is defective what do I do about this
I really don't want to let my guard down I want to be prepared if they want to take me back to court any help please
again I want to thank everyone for there advice

Even if the discontinued claim didn't reset the clock, your written offers of settlement would have. :mmph:

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

Hello thanks for replying the partial offers were sent in a email
I thought you had to write accepting debt or make a payment towards debt to acknowledge it
I thought emails or even phone calls didn't count as acknowledgment
can someone confirm this please thanks

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

Hello thanks for replying the partial offers were sent in a email
I thought you had to write accepting debt or make a payment towards debt to acknowledge it
I thought emails or even phone calls didn't count as acknowledgment
can someone confirm this please thanks

It has to be a payment or WRITTEN acknowledgment, Any repayment offer acknowledges the debt and I should think an email could be considered 'written acknowledgment' as opposed to a phone call which wouldn't count.

If the offers were made without prejudice as it's customary when you are dealing with court proceedings, it could be argued that they should not be used in evidence to show acknowledgment of the debt either, as the whole purpose of 'without prejudice' is to enable negotiations to take place without the content of the negotiations being used in evidence.

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

Hello I have checked money claim and my case is still on I have emailed them with copy of what I was sent from solicitor but they still haven't replied how long does it take to come off money claim getting worried that they have just lied to me any help thanks

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

Hello I have checked money claim and my case is still on I have emailed them with copy of what I was sent from solicitor but they still haven't replied how long does it take to come off money claim getting worried that they have just lied to me any help thanks

If they have sent you a copy of the letter they've sent the court, you have enough evidence to show the case was discontinued. The courts do take their time to process things due to heavy caseload. :ranger:

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

hello everyone I have been in contact with the court as the case is still showing they said he will still have to put in his defence as they have not received anything
I emailed the courts with the letters I got off the solicitors but still nothing I rang the solicitors and they said they would get back to me as the person who was dealing with it was not there at the moment
I don't know what to do they have not sent me nothing no cpr18 or cpr31.14 no CCA all letters were sent recorded
how do I put a defence together
I also have the default notice that I am unsure that its in the prescribed format and terms and also the letter they have sent saying that they were discontinuing the case any help please

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

any help please

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

just found email address for Howard Cohen if any one needs to email them david.hall@cohencramer.co.uk

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any help with post 43 please