Please Help - not sure what to do next

[Pancho79]

Re: Please Help - not sure what to do next

Hello.... Update

Last week I received a confirmation from the court saying they had my defence and will send it to relevant parties etc and they had 28 days to respond. That was over 7 days ago.

Today 19th Feb I receive a letter postmarked 18th Feb (yesterday) , letter itself dated 11th Feb from Howard Cohen solicitors - I am going to try to upload it...

Anyway wonder what you guys make of it. I sent the letter to them that they seem to refer to on 14th Jan. I am confused....

Thanks x

oops its upside down

[Amethyst]

Re: Please Help - not sure what to do next

Ahh don't worry Pancho, it's a standard letter which just demonstrates that their right arm has noooooooooo idea what their left is doing.

Just file it with your other papers re the case and hang fire for either the documents to arriveor for their 28 days to come to an end without them having produced any documents then you can have a look at how best to sort out the claim xxx

[Pancho79]

Re: Please Help - not sure what to do next

Amethyst...thankyou for getting back to me. It is always feels less worrying when one of you guys reassure us. Always appreciated xx

[Amethyst]

Re: Please Help - not sure what to do next

That is what we are here for xxxxxx

[Pancho79]

Re: Please Help - not sure what to do next

Hello folks ;0) I have a question - I know that Hoist has to respond within 28 days. I got a confirmation letter from the court on 9th Feb saying that theyd received my defence and that they would forward it to Hoist and they had 28 days....
Then I get letter from Hoist on 19th Feb - a whole 10 days after the court had apparently sent them my defence.
Question is do the 28 days go from 9th Feb or the (alleged day Hoist got the defence) 19th Feb ??
Thankyou for taking the time to read this.

[charitynjw]

Re: Please Help - not sure what to do next

Hello folks ;0) I have a question - I know that Hoist has to respond within 28 days. I got a confirmation letter from the court on 9th Feb saying that theyd received my defence and that they would forward it to Hoist and they had 28 days....
Then I get letter from Hoist on 19th Feb - a whole 10 days after the court had apparently sent them my defence.
Question is do the 28 days go from 9th Feb or the (alleged day Hoist got the defence) 19th Feb ??
Thankyou for taking the time to read this.

Hi Pancho79

Imho, I'd guess that if the court says 28 days, it's 28 days.

But at most its only a couple of days or so more, if posting is taken into consideration.

Is there some reason why the 'deadline' is a particular issue?

[nemesis45]

Re: Please Help - not sure what to do next

Hi Pancho79

Imho, I'd guess that if the court says 28 days, it's 28 days.

But at most its only a couple of days or so more, if posting is taken into consideration.

Is there some reason why the 'deadline' is a particular issue?

5 days for service + 28 days = 33 days total,

If the " deadline" is not met the court will of its own volition stay (suspend) the claim, the claimant will then have to pay a fee to lift the stay.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Hello Thankyou for your responses.... Its not an issue I was wondering as I thought there was a procedure I had to go through once the deadline was up. But Nem answered that one :0),,, I think? Basically I just wait it out and the court will "Stay" the claim if they don't hear from Hoist?

[Pancho79]

Re: Please Help - not sure what to do next

Hello just received this letter this morning from courts... wondered what happens next... clueless to say the least and peoples help on here is always appreciated. Thankyou

[Kati]

Re: Please Help - not sure what to do next

Hello just received this letter this morning from courts... wondered what happens next... clueless to say the least and peoples help on here is always appreciated. Thankyou

OK ... you're going to have to fill in the Directions Questionnaire (N180) that should have been sent to you. You'll need to send a copy of it to the court and a copy to the claimant by the date specified (but you'll get help with completing that here if needed :nod

I'll tag [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] for you xx

[Pancho79]

Re: Please Help - not sure what to do next

Thankyou :0)

[Pancho79]

Re: Please Help - not sure what to do next

Does this mean that these guys came up with the relevant documents that were asked for when I put in my defence and they were given 28 days?

[Kati]

Re: Please Help - not sure what to do next

Does this mean that these guys came up with the relevant documents that were asked for when I put in my defence and they were given 28 days?

not necessarily ... they have a habit of continuing a claim even without possessing any documents in the hopes that people will give up and pay

[nemesis45]

Re: Please Help - not sure what to do next

Hello just received this letter this morning from courts... wondered what happens next... clueless to say the least and peoples help on here is always appreciated. Thankyou

hello Pancho,

The Directions Questionnaire (N180) is a normal court process once you have submitted your defence.

Complete and send a copy to the court and the claimants solicitors.

You " tick" yes to small claims track and yes to mediation, no to contest Jurisdiction ( Unless you live in Scotland or NI)

Thee rest is self explanatory, but if you get stuck on a question just come back.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Thankyou guys for your responses. Let me ask if I may, what happens (or what could happen) after I send this in? Thankyou in advance :0)

ps... just looking at the original claim for it is for £9996.68 that's a whole £3.32 off £10,000.

But in the particulars of the claim they are going to claim future interest at a daily rate of £1.56

which will take the claim to over £10,000

I am curious to 3 more matters...

1. Do I still assume the claim is for less than £10,000 and fill in the small claims form as suggested?

2. Generally what difference does it make to claimants case if it goes through small claims or not.... I get the feeling in it is their best interests to go through the small claims procedure??

3. Does it matter or not if they have produced the documents that I requested in my defence...

Thankyou once again for any feedback