Please Help - not sure what to do next

[Amethyst]

Re: Please Help - not sure what to do next

Nope it correctly went to the Creditor ( Hoist ).

You have, I believe, already filed your defence, and will be preparing your Witness Statement to send in 14 days before the hearing ? There isn't really any benefit to sending it early, and actually it is better to wait until the 14 days as it is meant to be an 'exchange' and the other side shouldn't be able to 'reply' to your Witness Statement ( it could remind them to find the documents ).

[charitynjw]

Re: Please Help - not sure what to do next

Good morning - hope everyone is ok.

Wondering if anyone can tell me if the request for CCA which I sent to Hoist Portfolio should have gone to their solicitors...
Np, you're ok, Hoist are the debt owner for the purposes of the CCA 1974.
I ask as I have not even had an acknowledgement from Hoist re CCA. And it is getting to the time where I should be constructing my defence.
So Hoist are non-compliant re the request &, as things stand atm, cannot enforce their claim.
I did send things recorded delivery and I checked the PO and the request for CPR and CCA were both signed for.
Good; you have proof of delivery.
As stated I did get a letter back from Hoists solicitors acknowledging my CPR 31-14 request but nothing from Hoists re the CCA request.
Oh a second question - re the defence is it best to get it in as early as possible or is 2 weeks before hearing ample?
Your case has been allocated to track. Ideally, evidence & witness statements should be exchanged simultaneously to ensure that parties involved do not gain unfair advantage. However, you must do as instructed by the court. (Usually 14 days before the hearing, but check the court notification).

Thankyou in advance for any help re this.

P x

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Edit
Yep, 14 days (Post #154).
But put a note in your diary to check that they pay the hearing fee on time.

[Pancho79]

Re: Please Help - not sure what to do next

Hello
Thankyou for your replies. It is easy to get lost a little with all this. So I do apologise if at times I am asking the obvious.
I figured as much re 14 days but needed that reassurance, so thank you for that

Charity do I ring the court where this is being heard re Hoist paying the fee?

And approx. when do I do this? 14 days before or a little sooner?

Again what may seem like a silly statement but possibly an obvious answer - I assume that without the fee being paid it wont be heard and it will make them look bad?

Thanks again guys for your help in this and once again sorry for what may at times seem like silly questions.

P x

[charitynjw]

Re: Please Help - not sure what to do next

Hello
Thankyou for your replies. It is easy to get lost a little with all this. So I do apologise if at times I am asking the obvious.
I figured as much re 14 days but needed that reassurance, so thank you for that

Charity do I ring the court where this is being heard re Hoist paying the fee?
I would start by phoning CCBC Northampton
General enquiries

Northampton County Court Business Centre
St Katharine's House
21-27 St Katharine's Street

Northampton
Northamptonshire
NN1 2LH
Telephone0300 123 1056
Telephone01604 619 400

Opening hours, facilities and more contact details:
https://courttribunalfinder.service....ss-centre-ccbc



And approx. when do I do this? 14 days before or a little sooner?
According to the court instructions (above) they should pay by 10th January 2017.
If it were me I'd be on the phone, if not in the late afternoon of the 10th, certainly the following day.
(No harm giving the court a little nudge in the right direction, lol!)

Again what may seem like a silly statement but possibly an obvious answer - I assume that without the fee being paid it wont be heard and it will make them look bad?
The claim could be struck out.

Thanks again guys for your help in this and once again sorry for what may at times seem like silly questions.

P x

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[Pancho79]

Re: Please Help - not sure what to do next

Hello
Thankyou as always for your responses. I'm currently working through very slowly all my evidence etc...

When its ready Ill post it on here for peoples opinions if that's ok.

You guys are amazing and hope you all have a fab xmas and a wonderful new year.

P x

[Pancho79]

Re: Please Help - not sure what to do next

Hello Everyone, Happy New Year

So on 10th/11th Jan I'm going to telephone court to see if the claimant have paid the "fee".

The hearing if it takes place is to do so on 10th Feb. I have to file to court and claimant any evidence 14 days before hearing. My questions are as follows..

1. Would that be 14 working days (mon to fri) or 14 days as in 2 weeks inc weekends?7
2. Should I send copies to both Hoist and their solicitor?
3. And would copies be ok for court - I keep origanals?

Thankyou for your input :0)

[Pancho79]

Re: Please Help - not sure what to do next

Hello at work so on my phone. Apologies in advance for typos.
Rang court to see if fees paid. They had not. However I was told theyd be sent a letter and given a further 7 days to pay.
So I will ring when the time has come.
And let you guys know. I know people need second chances etc but what's the point in deadlines if they don't adhere to them..then are given more time?
Anyway work beckons. Have a good day folks ��

[Pancho79]

Re: Please Help - not sure what to do next

Hello

I telephoned court only to be told that they were given a further 10 days so I phoned back on 20th to be told that I should ring on Monday as they need to see if it was sent in post on 20th???
All the same I am today putting the finishing touches to my witness statement. Along with photo copies etc for the claimant and their solicitor.

I have a question or 3 for you guys if someone would be kind enough to answer.

1. I am making photo copies etc. My witness statement is basically a timeline from getting the original court letter to now. Last year I had to write my defence, which I have mentioned in my witness statement. My question is as follows - Do I need to make photo copies of my defence for the judge and the defendants plus their solicitors??

Thankyou Pancho

[Pancho79]

Re: Please Help - not sure what to do next

[MENTION=42011]Nem[/MENTION]esis or anyone

I am making copies of everything and I mean everything. A rough estimate these people and court are going to receive 30 or so copies - is it necessary to photocopy most things?

Cheers Pancho

[Kati]

Re: Please Help - not sure what to do next

witness statement:

IN THE xxxxx COUNTY COURT
CASE NUMBER –
BETWEEN:
HOIST PORTFOLIO HOLDING 2 LTD –CLAIMANT
AND
XXXXXXXX - DEFENDANT
I, XXXXXXXXXX BEING THE DEFENDANT IN THIS CASE WILL STATE AS FOLLOWS
1. I MAKE THIS WITNESS STATEMENT IN SUPPORT OF MY DEFENCE IN THIS CLAIM. THE MATTERS I SET OUT BELOW ARE WITHIN MY OWN KNOWLEDGE, EXCEPT WHERE I INDICATE TO THE CONTRARY.
2. AROUND 7/1/16 I RECEIVED A CLAIM FORM FROM COUNTY COURT BUSINESS CENTRE FROM HOWARD CHOHEN SOLICITORS ON BEHALF OF HOIST PORTFOLIO HOLDING 2 LTD.
3. ON 14/01/2016 I MADE A WRITTEN REQUEST TO THE CLAIMANT FOR DOCUMENTS UNDER CPR 31.14. (SEE EXHIBIT A)
4. I RECEIVED A LETTER BACK FROM ROBINSON WAY DATED 19/01/16 CONFIRMING RECEIPT OF MY LETTER/REQUEST. BUT TO DATE HAVE YET TO RECEIVE DOCUMENTS REQUESTED. (SEE EXHIBIT B)
5. ALSO ON 14/01/16 I REQUESTED FROM THE CLAIMANTS SOLICITORS UNDER THE CONSUMER CREDIT AGREEMENT 1974 (SECTION 77-79) A COPY OF THE CREDIT AGREEMENT. FOR WHICH I SENT A £1 POSTAL ORDER. I HAVE NOT RECEIVED TO THIS DATE A COPY OF SAID CREDIT AGREEMENT.
6. A DEFENCE WAS SUBMITTED TO COUNTY COURT BUSINESS CENTRE AND LETTER RECEIVED FROM COURT ON 4/2/16 TO CONFIRM THIS
7. I RECEIVED A LETTER DATED 18/2/16 FROM CLAIMANTS SOLICITORS ACKNOWLEDGING RECEIPT OF MY REQUEST CPR 31.14. I HAVE YET TO RECEIVE SAID REQUEST. (SEE EXHIBIT D)
8. I RECEIVED A LETTER DATED 7/2/16 FROM COUNTY COURT BUSINESS CENTRE REGARDING PROPOSED ALLOCATION TO SMALL CLAIMS TRACK.
9. A MEDIATION APPOINTMENT WAS BOOKED FOR 11TH MAY 2016.
IT STATED IN GUIDANCE NOTES ON MEDIATION THAT IF I COULD NOT ANSWER “YES” TO ANY OF 4 STATEMENTS THEN MEDIATION WAS NOT RIGHT FORTHIS CASE.
I COULD NOT ANSWER “YES” TO THE STATEMENT “I CAN CONFIRM THAT I HAVE ENOUGH INFORMATION ABOUT THE CLAIM TO ALLOW ME TO ENTER INTO NEGOTIATIONS AND I DO NOT REQUIRE ANY FURTHER EVIDENCE”
I TELEPHONED THE COURT AND TOLD THEM I COULD NOT “ANSWER YES TO STATEMENT 3” AS I HAD YET TO RECEIVE CREDIT AGREEMENT AND MY REQUEST MADE UNDER CPR 31.14. AND I WAS INFORMED THAT MEDIATION WOULD NOT BE APPROPRIATE IN THIS CASE.
10. I RECEIVED A LETTER FROM XXXXX COUNTY COURT AROUND 16TH NOV 2016 WITH A DATE FOR A HEARING. THE CLAIMANT WAS REQUESTED TO PAY A FEE WHICH AS OF 23RD JAN THEY STILL HAD NOT PAID THIS FEE. I AM STILL SUBMITTING MY WITNESS STATEMENT, A COPY OF WHICH WILL BE SENT TO THE CLAIMANT AND THEIR SOLICITORS.
11.
12.

[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]

[Pancho79]

Re: Please Help - not sure what to do next

I had wrote a witness statement was fairly happy with it, insecurity got the better of me and it ended up in bin. So I made a start on new one which due to online issues I could not post - Kati posted for me (thankyou). I am still not sure and feel I could do better. As stated above do wonder if people think I should include particulars of claim? Or indeed how do I start it or end it... Once again insecurity, just generally feeling like a numpty has taken over any confidence I had and I desperately need some help with this. As always help and advice appreciated. P x

[Pancho79]

Re: Please Help - not sure what to do next

Good Morning Everyone

Its real cold and frosty out there today :0)

Hoping that someone can respond to previous couple of posts if anyone has time..please

@nemesis45 @Amethyst @charitynjw

Thankyou and hope people have a good day

P xx

[Amethyst]

Re: Please Help - not sure what to do next

Morning Pancho, It's definately a chilly one xxx Just having a little read back

[Amethyst]

Re: Please Help - not sure what to do next

I don't know why you feel like a numpty, that's not a bad effort whatsoever, just needs an end bit as you say. Let me grab a coffee and I'll check back the facts of the case so far ( sounds quite standard : got claim, asked for info, got none ) and get it finished off for you xxx

[Pancho79]

Re: Please Help - not sure what to do next

Hello

Thankyou...I am more than a little fed up I worked hard on it over last couple of weeks and my insecurity/confidence got better of me and the first draft ended up in bin. I ended up photocopying every single letter/document that was sent/received..not sure it was necessary??
Ive posted a pic of particulars and got to thinking that I should be including them in some way?
Despite reading lots of examples and thinking Id done ok, I'm not so sure now so I really do appreciate your help.

Thankyou

P x

- - - Updated - - -

Thankyou ever so much Amethyst xxx