Hoist/Howard Cohen

[ADDLED]

Re: Hoist/Howard Cohen

Just to add
Have both claims dropped of MCOL?
So
Mastercard - on MCOL?, defence entered?
Visa-, on MCOL?, defence entered?
Sorry if you have answered these but the thread has become complicated

Tks Warwick. Sure, theyre both off MCOL. What does that mean?

[warwick65]

Re: Hoist/Howard Cohen

Have you entered a defence for either?

Did you scroll down to the very bottom of the page?

Mine appears there saying laying last action was xxxxxx and when I click on it it tells me it has been transferred to the local court.

[ADDLED]

Re: Hoist/Howard Cohen

Have you entered a defence for either?
Did you scroll down to the very bottom of the page?
Mine appears there saying laying last action was xxxxxx and when I click on it it tells me it has been transferred to the local court.

well, its quite weird because a couple of weeks ago they were both on there, whereas now theyve both gone. For the first one i had entered a defence weeks ago and it said so, but theres nothing at all for either of them now.
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[warwick65]

Re: Hoist/Howard Cohen

That is odd, I can't even speculate why.

It it is time to call the court.

[ADDLED]

Re: Hoist/Howard Cohen

That is odd, I can't even speculate why.

Government websites glitching? Surely not!

[Amethyst]

Re: Hoist/Howard Cohen

Have you spoken to the court yet [MENTION=24877]ADDLED[/MENTION] ?

[ADDLED]

Re: Hoist/Howard Cohen

Have you spoken to the court yet [MENTION=24877]ADDLED[/MENTION] ?

Yep. All good, no default.

[Diana M]

Re: Hoist/Howard Cohen

Paragraph 7 is statute barred - I couldn't see anything on the thread re limitations so if you don't think you have paid anything to this at all since 2012 you can leave it in

Thanks so much for that draft defence Amethyst. All i did was insert dates/details and i left the SB paragraph in because im quite sure i havent addressed/acknowledged anything since v.early 2012 at the latest.

If you made a payment or acknowledged the debt in 2012 it wouldn't become Statute Barred until 2018.

This claim was issued in April 2017 so for the SB argument to succeed your last payment/acknowledgement (and possibly DN remedy date if appropriate) would need to have been before April 2011 (maybe depending on whether that was a contractual payment or not).

Did you send a SAR to Barclays as has been suggested because that will help to clarify matters for you. Barclaycard have a reputation for defaulting accounts very late.

Di

[ADDLED]

Re: Hoist/Howard Cohen

Brief Update...
Hi all, Ive filed Directions Questionnaire form N180 for one of the claims but last week i got a letter from the court for the other claim with form N181 to complete. Also i received from Cohen a copy of their completed DQ forms for both cases; both are form N180.

Have the court made an error and sent me the wrong form?

[Diana M]

Re: Hoist/Howard Cohen

Ive filed Directions Questionnaire form N180 for one of the claims but last week i got a letter from the court for the other claim with form N181 to complete. Also i received from Cohen a copy of their completed DQ forms for both cases; both are form N180.

Have the court made an error and sent me the wrong form?

N181 is for allocation to the Fast Track or Multi Track (claims over £10k)

N180 is for allocation to the Small Claims Track (claims under £10k)

If one of those claims is for over £10k then the court would rightly send you the N181 Directions Questionnaire for that one.

Di

[ADDLED]

Re: Hoist/Howard Cohen

Tks. So Cohen have completed the wrong form. Will that have any bearing on the case?

[Diana M]

Re: Hoist/Howard Cohen

So Cohen have completed the wrong form. Will that have any bearing on the case?

At this stage it's only a 'proposed' allocation to the Fast Track.

I expect somewhere on Howard Cohen's DQ it might say "this is a simple debt collection matter so it can be dealt with by the Small Claims Track" (or words to that effect) because they don't want it allocated to the Fast Track since they would have to pay your legal costs if they lost.

Di

[ADDLED]

Re: Hoist/Howard Cohen

Thanks Diana. Do i get a say as to where its allocated? (Or is that a bit like turkeys voting for Christmas)

[pt2537]

Re: Hoist/Howard Cohen

Thanks Diana. Do i get a say as to where its allocated? (Or is that a bit like turkeys voting for Christmas)

You can ask the Court to convene a CMC to determine allocation. CPR 26.8 is clear that value is not the only factor to consider, there are many other points the Court should consider and simply saying its simple is not enough in my view.

[ADDLED]

Re: Hoist/Howard Cohen

Update to the ongoing saga of Hoist/Howard Cohen -vs- Me:

Hi all, i've had a slight develolpment in the 2 claims from Hoist, details are;

CLAIM #1: I filed form N180 back in August. A few weeks ago I received same back from Cohen with a letter stating that they'd sent copies to the court. On Monday I received a copy of an Order from the court stating that HC have filed to file a DQ and giving them 7 days otherwise it'll be an automatic strike out.
Seems weird that they'd send me a copy of their DQ and not the court. Ineptitude or error perhaps?

CLAIM #2: I filed form N181 a few weeks ago, also received for N180 from them. No further update.

tks
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