Claim form received from County Court Business Centre

[Consumed1]

Re: Claim form received from County Court Business Centre

[QUOTE=NWHC;635537]Robinson Way are part of Hoist I believe which will be why they are writing to you, I know it gets complicated with all these different trading names and parts of groups for example the in house debt collectors of Bank of Scotland are/were called Blair Oliver and Scot (BOS-get it)

As for the defence- you haven't asked for an extension have you ? if not dont include it in the defence

Remember that Monday is a Bank Holiday

Let me check that I have understood
You only sent the one postal order for £1
They have returned that to you
They have also written thanking you for a payment of £1

I would , just to cover yourself write to them telling them that you did not make a payment and that they have credited £1 to the above acount in error

I would really recommend contacting Howard Cohen and ask for an extension on Tuesday morning

I would also recommend having a free chat with a solicitor , I believe the Howlett Clarke in Brighton do this, a bit of certainty as to what track is likely is vital at this point

In the second defence there is a lot that you would need to change because for a start it is a bespoke defence for MBNA and has dates on it , if like me you can be word blind and miss such things you could end up looking like a chump and liar , in which case you are at a disadvantage

If you are set on doing the defence defence 2 looks ok as long as you double check it.

I am just worried that as an unqualified person-as are most people on here- I could give you wrong advice.[ QUOTE]

Hello MWHC
As outlined in my reply to you. RW acknowledged my formal request addressed to Hoist asking for them to supply a copy of the Consumer Credit Agreement as is my entitlement under section 77-79 of the Consumer Credit Act 1974. They replied returning my £1.00 postal order stating: Your account is now with our cleints solicitor Howard Cohen & Co and they have issued a Couny Court Claim against you. As you have filed your defence in this matter. All documents will be requested by our cleints solicitor Howard Cohen & Co as part of this process therefore please find enlosed your £1 fee.

Re the above. I have not filed my defence and I am fully aware that Howard Cohen & Co have issued a County Court Claim against me on behalf of Hoist. Should I respond?

As mentioned the CPR 31.14 addressed to Howard Cohen & Co was also acknowledged by RW with a letter stating they had credited the £1.00 fee to my account,

It is my intention to respond to this letter with a copy of my original letter explaoning they have credited this in error. Could you or anyone provide me with some appropritate wording?

Lastly, I would like to ask for an extension to submit my defence. Who should this be addressed to - Howard Cohen or Hoist? Is there a template that you are able to direct me to?

Thank you for your support. It is much appreciated.

[Consumed1]

Re: Claim form received from County Court Business Centre

CPR 15.5 Letter To Howard Cohen & Co - Could someone check and provide their guidence as to the wording
Letter to Robinson Way - Response to Robinson Way due to their applying £1.00 postal order to account not acknowledged. Postal order was addressed to Howard and Cohen and Co for CPR31.4. - Could someone please provide guidance on my wording

Thank you in advance for your help

[NWHC]

Re: Claim form received from County Court Business Centre

Just reading what you wrote to clarify and I think I understand why they have credited your account

You sent two postal orders
1 for the cca request and 1 for the cpr31.14 request

There was no need to send one for the 31.14 request therefore they have credited it to your account
As the issuing of the claim stops the SB clock I do not think it will do any harm but I am prepared to be corrected

Your options are , as far as I can see

1)File your defence , can be done online by day 33 from the date of claim

2) Contact the solicitors asking for an extension which if granted means you have to tell the court there is an extension but it gives you a bit more time

- - - Updated - - -

Letters look ok to me BUT

for speed I would called HC on Tuesday asking for the extension as the deadline for submitting the defence must be up soon and if they don't reply intime they could apply for a default judgement

[nemesis45]

Re: Claim form received from County Court Business Centre

CPR 15.5 Letter To Howard Cohen & Co - Could someone check and provide their guidence as to the wording
Letter to Robinson Way - Response to Robinson Way due to their applying £1.00 postal order to account not acknowledged. Postal order was addressed to Howard and Cohen and Co for CPR31.4. - Could someone please provide guidance on my wording

Thank you in advance for your help

There is deliberate misuse of a statutory fee it is obvious this has happened too many times now!

You are right to challenge this bein allocated as a payment, it can only be a deliberate action.

nem

[Consumed1]

Re: Claim form received from County Court Business Centre

Just reading what you wrote to clarify and I think I understand why they have credited your account

You sent two postal orders
1 for the cca request and 1 for the cpr31.14 request

There was no need to send one for the 31.14 request therefore they have credited it to your account ( I used the template I had been referred to whcih explained that the £1.00 for reasonable copying costs)
As the issuing of the claim stops the SB clock I do not think it will do any harm but I am prepared to be corrected

Your options are , as far as I can see

1)File your defence , can be done online by day 33 from the date of claim ( I will file the defence whether i am allowed an exension or not )

2) Contact the solicitors asking for an extension which if granted means you have to tell the court there is an extension but it gives you a bit more time ( i will call as well as sending the letters I attached)

- - - Updated - - -

Letters look ok to me BUT

for speed I would called HC on Tuesday asking for the extension as the deadline for submitting the defence must be up soon and if they don't reply intime they could apply for a default judgement

please see above response highlighted in red.

[Consumed1]

Re: Claim form received from County Court Business Centre

There is deliberate misuse of a statutory fee it is obvious this has happened too many times now!

You are right to challenge this bein allocated as a payment, it can only be a deliberate action.

nem

As far as I am comcenred this was deliberate. I have also recived the return of my cheque from RW which was adresed to Hoist with the CCA letter. The adress given in the RW letters is not an address provided within the claim form, which would lead me to believe Hoist forwarded this to them. I will sent both letter next day delievery and will use this in my defence.

[Noah]

Re: Claim form received from County Court Business Centre

Consumed1
I haven't actually seen a cpr 31.14 letter that says to include £1 for costs however if it said that they have clearly used it incorrectly.

Where did you find that?

Not that it matters, if it clearly said the £1 was for reasonable costs then they should not have credited it to your account

[nemesis45]

Re: Claim form received from County Court Business Centre

As far as I am comcenred this was deliberate. I have also recived the return of my cheque from RW which was adresed to Hoist with the CCA letter. The adress given in the RW letters is not an address provided within the claim form, which would lead me to believe Hoist forwarded this to them. I will sent both letter next day delievery and will use this in my defence.

CPR the part about the defendant " offering " to pay the claimants reasonable cost of providing the documents usually left out now, but nevertheless the extra fee should be returned not misappropriated as payment to the account.

This has happened in the past and still does it's then mystery one off payments crop up when a claim that a debt is statute barred is made. Often if one debt purchaser fails to win a claim the debt gets sold on and then the payment comes to the fore.

nem

[Noah]

Re: Claim form received from County Court Business Centre

CPR the part about the defendant " offering " to pay the claimants reasonable cost of providing the documents usually left out now, but nevertheless the extra fee should be returned not misappropriated as payment to the account.

This has happened in the past and still does it's then mystery one off payments crop up when a claim that a debt is statute barred is made. Often if one debt purchaser fails to win a claim the debt gets sold on and then the payment comes to the fore.

nem

This is still in the CPR request given by this forum and to my mind is correct because it covers bases and stops them writing back saying ' will you cover costs'

If Consumed sent the letters from the library on here I think they may have got mixed up as it says

[QUOTE]For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X./QUOTE]

Which is just saying that they have already sent the cca request with the £1

I would be interested to know where the template came from that says they are enclosing £1 for costs
If it did say that then yes make an issue of it, if it did not i am not sure it will do any harm as the claim has already stopped the Limitations clock

[Consumed1]

Re: Claim form received from County Court Business Centre

CPR the part about the defendant " offering " to pay the claimants reasonable cost of providing the documents usually left out now, but nevertheless the extra fee should be returned not misappropriated as payment to the account.

This has happened in the past and still does it's then mystery one off payments crop up when a claim that a debt is statute barred is made. Often if one debt purchaser fails to win a claim the debt gets sold on and then the payment comes to the fore.

nem

Thanks Nem. I am going to amend the letters i posted and ask that both Howard Cohen & Co and RW acknowledge that the £1.00 was posted to the account in error. I am furious. They are absolute low lives living on a dream that people will not fight back.

[nemesis45]

Re: Claim form received from County Court Business Centre

Thanks Nem. I am going to amend the letters i posted and ask that both Howard Cohen & Co and RW acknowledge that the £1.00 was posted to the account in error. I am furious. They are absolute low lives living on a dream that people will not fight back.

You've hit the nail on the head Consumed when you see the number of claims issued by the UK debt collections " industry" that turn up here the total of such actions nationwide beggars belief and the numbe of claims that go undefended is frightening.

nem

[Noah]

Re: Claim form received from County Court Business Centre

Who knows why many claims are undefended
I suspect some people just believe that morally they owe the money so let it go
Some do not have the wit/energy/experience/help to defend
Some people are too proud to defend
Some people are told that if they try to get out of it they are dirty debt dodgers and should hang their heads in shame- I know several people who hold that idea, particularly the older generation i.e you borrowed it you should pay it back

Personally I believe that if a claim is made they should be able to prove it
After all in a criminal court you are innocent until proven guilty so why not in a civil court

[nemesis45]

Re: Claim form received from County Court Business Centre

Who knows why many claims are undefended
I suspect some people just believe that morally they owe the money so let it go
Some do not have the wit/energy/experience/help to defend
Some people are too proud to defend
Some people are told that if they try to get out of it they are dirty debt dodgers and should hang their heads in shame- I know several people who hold that idea, particularly the older generation i.e you borrowed it you should pay it back

Personally I believe that if a claim is made they should be able to prove it
After all in a criminal court you are innocent until proven guilty so why not in a civil court

Two totally different processes Criminal Law based on findings "beyond reasonable doubt" Civil Law a judge decides " on the balance of probabilities".

nem

[Noah]

Re: Claim form received from County Court Business Centre

I was not referring to the level of proof just the principle.

[Consumed1]

Re: Claim form received from County Court Business Centre

You've hit the nail on the head Consumed when you see the number of claims issued by the UK debt collections " industry" that turn up here the total of such actions nationwide beggars belief and the numbe of claims that go undefended is frightening.

nem

It sickens me to the core Nem and although I feel my life is at its lowest ebb i will fight all the way.