Urgent Help needed

[tycam49]

Re: Urgent Help needed

Do I use the third party narrative in a witness statement also? [MENTION=71570]R0b[/MENTION]

[R0b]

Re: Urgent Help needed

No Witness Statement is first person as the facts are derived from your own knowledge.

[tycam49]

Re: Urgent Help needed

ok many thanks - will get the application posted today.

[tycam49]

Re: Urgent Help needed

So just an update as slightly confused... Set aside application paid and sent but have had no response since sending it in May? Is this normal??

Also no CCJ recorded? unsure whether to leave it or call the court to chase it as I thought a judgment would have been recorded by now??

[R0b]

Re: Urgent Help needed

And have you contacted the court?

[tycam49]

Re: Urgent Help needed

And have you contacted the court?

Nope not as yet... If I contact them will it alert them that they have not recorded the CCJ?

[R0b]

Re: Urgent Help needed

Your going to have to do that anyway, if you leave it then they might argue you have caused unreasonable delay, didn't bother following up and so its an abuse of process.

You put in a set aside application I would suggest you contact them but it is up to you. If some time passes and then this is picked up don't be surprised if they seek to strike it out based on delay and sitting in the court system and the fact you did nothing about it.

[tycam49]

Re: Urgent Help needed

Ok will call them.. thanks for your help..

[tycam49]

Re: Urgent Help needed

Just an update - since putting in the application to set aside in May 2016 - the set aside hearing took place on 19 July 2017! Anyway managed to get the case set aside although the DJ did not appear to know anything about consumer law??

Now awaiting the next move from cohen - they have been given until the 1st of September to mediate and report back to the DJ if the issue is not resolved.

[Diana M]

Re: Urgent Help needed

Just an update - since putting in the application to set aside in May 2016 - the set aside hearing took place on 19 July 2017! Anyway managed to get the case set aside although the DJ did not appear to know anything about consumer law??

Now awaiting the next move from cohen - they have been given until the 1st of September to mediate and report back to the DJ if the issue is not resolved.

Well done on getting the set aside! Why did it take a year to unravel?

Anyway, what does the Order say either party must do next?

You've filed a Defence so logically it would be for the court to send out a Directions Questionnaire although I've only read back through your thread at speed. Have you already gone past that stage?

You say the court wants you to Mediate but they can't order you to do that (successfully) , they can only ask you to 'attempt' Mediation.

It's not clear whether the Claimant has disclosed any documents since you filed your Defence but if that is the case you may benefit from filing an Amended Defence with either the permission of the court or by consent with the Claimant.

Maybe post up what's been going on for the last year so someone can suggest the best way forward.

This is £2k claim for an ex-Abbey current account which was assigned by Santander to Hoist Portfolio according to an earlier post on your thread (have I got that right?).

Did you ever send a Subject Access Request to Santander to get the full history of the account which will help you to assess whether any documents produced by the Claimant are 'honest and accurate' especially if they are reconstituted ones?

Di

[tycam49]

Re: Urgent Help needed

Well done on getting the set aside! Why did it take a year to unravel?

Anyway, what does the Order say either party must do next?

You've filed a Defence so logically it would be for the court to send out a Directions Questionnaire although I've only read back through your thread at speed. Have you already gone past that stage?

You say the court wants you to Mediate but they can't order you to do that (successfully) , they can only ask you to 'attempt' Mediation.

It's not clear whether the Claimant has disclosed any documents since you filed your Defence but if that is the case you may benefit from filing an Amended Defence with either the permission of the court or by consent with the Claimant.

Maybe post up what's been going on for the last year so someone can suggest the best way forward.

This is £2k claim for an ex-Abbey current account which was assigned by Santander to Hoist Portfolio according to an earlier post on your thread (have I got that right?).

Did you ever send a Subject Access Request to Santander to get the full history of the account which will help you to assess whether any documents produced by the Claimant are 'honest and accurate' especially if they are reconstituted ones?

Di

So basically the judge originally granted judgment as he felt it would be a waste of the courts time to hear the case - an order was sent to me with no details of why judgment had been granted - had to make a complaint to find out why - then make an application to set aside as the judge would not change his decision.


The court has ordered both the claimant and I to contact the mediation service which I have done but I have not heard anything from Howard Cohen or H2H yet. If no mediation the claimant must contact the court and inform them.

They have disclosed some documentation - my application form - a few years statements - default notice etc

Yep correct assigned by Santander to Hoist.

I have sent santander an SAR request which I will hopefully recieve in a few days.

Does anyone know whether they need to provide the terms and conditions of the overdraft on the day it was taken out??

[Diana M]

Re: Urgent Help needed

A quick question. Was the overdraft facility renewed (in writing) in 2012 which became the case? If so then s 78 CCA may be applicable.

I see there's a DN from 2013.

I've not seen the POC or know any of the facts surrounding this case but the rule of thumb is a Claimant needs to produce evidence that an agreement was entered into if they want to claim it was breached.

Did you send a CPR 31.14 Request for documents including a request for the Deed of Assignment (Hoist are unlicensed by the way)?

Di

[tycam49]

Re: Urgent Help needed

A quick question. Was the overdraft facility renewed (in writing) in 2012 which became the case? If so then s 78 CCA may be applicable.

I see there's a DN from 2013.

I've not seen the POC or know any of the facts surrounding this case but the rule of thumb is a Claimant needs to produce evidence that an agreement was entered into if they want to claim it was breached.

Did you send a CPR 31.14 Request for documents including a request for the Deed of Assignment (Hoist are unlicensed by the way)?

Di

No it wasnt renewed as far as I cant tell - they requested full payment of the overdraft in December 2012 so not sure if that makes any difference.

I think they were relying on the statement as evidence that an overdraft was entered into without actually having an agreement documents apart from the agreement at the inception of the bank account - at which point there was no overdraft.

Yep sent a request for document from hoist which resulted in a copy default notice - notice of assignment - bank account application and about 12 pages of transactions from 2011 until the close of the account.

If they are not licensed can I use this if we have to go back to court??

[MIKE770]

Re: Urgent Help needed

Hoist under blanket licence no doubt? by owners