Hoist/Howard Cohen

[Amethyst]

Re: Hoist/Howard Cohen

Thanks Diana and Amethyst, I get whats happened.
I forgot to mention the date on the claim form is 20th April.
tks
ADD

Is there any mention in that agreement of whether it's the Visa or the Mastercard account ? ( might be easier for you to see on the document than trying to decipher it on the PDF )

Can you just confirm, as I'm still not clear, don't know about Di, if there is one claim or two claims ? I can only see the POC for one claim, yes you mention a Visa AND a Mastercard account.

[ADDLED]

Re: Hoist/Howard Cohen

Hi Amethyst, tks for your and Diana's replies.
The only info I have is the pdf file I posted, admittedly very grainy but that's the quality of what they sent me, not my scanner.

Is there any mention in that agreement of whether it's the Visa or the Mastercard account ? ( might be easier for you to see on the document than trying to decipher it on the PDF )

Not clear at all, agreement states "The parties to this agreement are Barclays Bank PLC, Barclaycard centre, then an address. Doesn't seem to be any mention of Visa or M/card at all. There is a paragraph in the mid of page#4 stating "CHEQUE GUARANTEE: VISA CARDS ONLY".
All other references seem to mention "Barclaycard" and not stipulate visa/mastercard at all.

Can you just confirm, as I'm still not clear, don't know about Di, if there is one claim or two claims ? I can only see the POC for one claim, yes you mention a Visa AND a Mastercard account.

There are two separate claims, one for each m/card and visa. I have sent separate CPR/CCA/SAR requests for each but the attached t&cs are a response for just one of the claims (cant remember which as I'm not home till later to check). I haven't had a reply for the info request for the other claim.

The POC I posted is exactly the same for both claims; bugger all info, no dates, minimal detail.

I hope this helps a bit. Apologies for the red ink but it makes life easier when reading it back.
best rgds
ADD

[Amethyst]

Re: Hoist/Howard Cohen

Sometimes it would give you a choice by way of a tick box whether you want a Visa or Mastercard.

Is there only one court claim ?

Can you still log in on Moneyclaim online and check what it says on this claim ?

[ADDLED]

Re: Hoist/Howard Cohen

Sorry, just edited reply. Gimme a min and i'll check MCOL

[ADDLED]

Re: Hoist/Howard Cohen

Probs logging into MCOL, i'll call em in the morning. In the meantime is there anything else you need to know or any other info i need to get. tks ADD

[Amethyst]

Re: Hoist/Howard Cohen

Ok so two separate claims. Recon agreement on one of them ( you'll be able to match up claim number and reference on letter presumably to know which )

When you call the court tomorrow ask them the status of both of the claims. You need to get defences in if they haven't already gone to default judgment, so soon as you know the status let us know.

They will be slightly different defences too as you've had the recon agreement on one.

If you had accidentally defended when doing your acknowledgement then see if the court can tell you what your defence was ( maybe they can email it to you, or help you get logged into MCOL to view it) and then we can look at possibly getting amendments. If they have gone to default judgment already we can consider what to do, whether to set aside etc. But yes main thing now is to find out exact status of the claims ( both of them) then figure out where to go from there.

[ADDLED]

Re: Hoist/Howard Cohen

Tks again Amethyst.
I know i didnt file a defence, it was just the acknowledgement; im totally, utterly certain of that. If i had, then the court would have sent me the mediation letter, yet I've had nothing from the court since i spoke to them a few months ago.
ADD

[Amethyst]

Re: Hoist/Howard Cohen

Okay, best to double check then that you haven't got a default judgment or anything - ring them in morning then we can get cracking on defences xx

[pt2537]

Re: Hoist/Howard Cohen

In the event that they have entered Default Judgment you must let us know on here right away, time is very much of the essence if thats the case as you would need to make an application to set the judgment aside.

Dont worry tooo much about how to do that for now, but please do come back as soon as youve spoken to the Court.

Delay is often the killer for an application to set aside judgment and its important that any delays can be justified.

Of course we dont know what they have or havent done at this stage but its important to check

[Diana M]

Re: Hoist/Howard Cohen

I know i didnt file a defence, it was just the acknowledgement; im totally, utterly certain of that. If i had, then the court would have sent me the mediation letter, yet I've had nothing from the court since i spoke to them a few months ago.

If you had got a Default Judgement (or two ) then the court would have sent you a copy of any judgement (CCJ) in the post.

If you had filed a Defence my mistake in the "Defence" box when you filed your AOS online (last May?) then you would have been sent a written acknowledgement of that by the court telling you that they had served your Defence on the Claimant who would have been given a 28 day deadline to inform the court of any intention to continue the proceedings or their claim would become stayed.

You would only have been sent a Directions Questionnaire with the option to tick YES to Mediation if the Claimant had informed the court of their intention to keep going.

So I think thanks to my flagging up your need to file your Defence (or two ) asap you should be safe. But anything's possible!

Although I'm still not clear on whether you have two separate claims or two debts being claimed on one claim (if you follow me).

Today's confusion and uncertainty seems to have been caused by that perplexing letter from Howard Cohen asking you to withdraw your Defence (which you haven't made) or they will oppose your Application (which you haven't made).

Di

[Diana M]

Re: Hoist/Howard Cohen

There are two separate claims, one for each m/card and visa. I have sent separate CPR/CCA/SAR requests for each but the attached t&cs are a response for just one of the claims (cant remember which as I'm not home till later to check). I haven't had a reply for the info request for the other claim.

The POC I posted is exactly the same for both claims; bugger all info, no dates, minimal detail.

I can now see that there are two separate claims.

Sorry but there's been a plethora of posts on your thread today so it's hard to follow what's actually happened.

It's not unusual for a court to decide (of their own volition) to amalgamate claims if it involves the same Claimant, the same Defendant, the same original creditor and the same solicitors.

Unless I'm wrong (feel free to correct me: )I thought this was a claim for £9k. So would that be for only one of the debts or a combination of the two disputed sums?

This matters because it seems the claim (or claims) have not yet been allocated to any track.

Di

[ADDLED]

Re: Hoist/Howard Cohen

Morning all! Had a chat with Northampton CC this morning and theyve confirmed no judgement has been entered on either claim.

What dyou think of the agreement that they sent me?
Tks
ADD

[Amethyst]

Re: Hoist/Howard Cohen

Phew. And no defence on either claim ?

Get your defence in for the one that doesn't have the agreement provided firstly as that should be quite straightforward ... Example Defence

The other one that does have the agreement provided ... is that for £9k ?

[Diana M]

Re: Hoist/Howard Cohen

What dyou think of the agreement that they sent me?

It's hard to comment without knowing what year the account was opened and how.

Is there still no sign of your SAR from Barclays because then you can crosscheck the documentation you're sent with the Transaction Log to see if the recon is 'honest and accurate'.

Chase Barclays if they haven't delivered the goods yet - you may be able to collect the SAR from your local branch to speed things up.

Di

[ADDLED]

Re: Hoist/Howard Cohen

GHi Diana, replies below.
tks
ADD

It's hard to comment without knowing what year the account was opened and how.
This information is completely missing from any of their documentation. Im a layman, im flummoxed; how do i proceed without this info? How would a judge view this lack of info, does it prejudice their claim?

Is there still no sign of your SAR from Barclays because then you can crosscheck the documentation you're sent with the Transaction Log to see if the recon is 'honest and accurate'.
Not a sausage, im afraid. Sending chaser letter tomorrow.
Di