DISCONTINUED Court case coming up

**charitynjw** · 19th November 2016, 13:50:PM

Re: Court case coming up

Hi smallfish & welcome to LB.

Putting aside FMOTL/GOODF issues to one side, could you please post up the Particulars of Claim? (personal identifiers removed}.
Also the claim issue date, & what the alleged debt is for. (Loan, overdraft etc.)

**smallfish** · 20th November 2016, 16:52:PM

Re: Court case coming up

Originally posted by charitynjw View Post

Hi smallfish & welcome to LB.

Putting aside FMOTL/GOODF issues to one side, could you please post up the Particulars of Claim? (personal identifiers removed}.
Also the claim issue date, & what the alleged debt is for. (Loan, overdraft etc.)

Hi charitynjw
PARTICULARS OF CLAIM
This claim is for the sum of £166.25 in respect of monies owing pursuant to an overdraft facility under bank account no. **************
The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) to the Claimant and notice has been served. The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.
The Claimant claims
1. The sum of £166.25
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 14//09/12 to the date hereof 1,367 is the sum of £49.78
3. Future interest accruing at the daily rate of £ .04
4. Costs

Claim issue date = 15 Jun 2016
Alleged debt is for an arranged overdraft

Hope this is sufficient info now, Thanks
smallfish

**charitynjw** · 20th November 2016, 17:53:PM

Re: Court case coming up

I had a feeling that this case was a long way down the line.
Just for the record, could you confirm that:
You have received court notification of allocation to Small Claims Track?, &
You are required by the court to swap evidence by 6th December, usually 14 days before the hearing date?

**smallfish** · 20th November 2016, 20:24:PM

Re: Court case coming up

Confirmation - Yes, it's allocated to the Small Claims Track (Hearing)
and 2nd, Yes - I have to provide Witness Statements by 6 December 4 pm with a copy to the Claimant, to include all the information I wish the court to take into consideration, etc. It goes on….. If I fail to do what's set out, judgement will go to the Claimant so I have to come up with something in my defence. I will think of something but as I'm not legally qualified it will be hitty-missy and I'm thinking, I'll probably get it wrong.
Thanks
smallfish

**charitynjw** · 20th November 2016, 20:56:PM

Re: Court case coming up

Thanks for that, smallfish.

It would help to know a brief synopsis of what has happened since the claim was issued.
Letters sent by you, received by you, that sort of thing.
A time-line would be good.

**smallfish** · 21st November 2016, 14:32:PM

Re: Court case coming up

Timeline - sorry it's not very brief:
15/06/16 CLAIM ISSUED
17/06/16 Suggested counter claim - Statute Barred ?
20/06/16 Advice letter setting out options.
24/06/16 Returned Directions Questionnaire uncompleted and claiming Statute Barred.
27/06/16 Acknowledgement of Defence from CC Business Centre.
04/08/16 N149A Notice of Allocation to Small Claims Track as defended claim.
11/08/16 Sent handwritten letter to CC Business Centre claiming Statute Barred Debt cc to HPH2 and H. Cohen solicitors.
16/08/16 Letter from CC Business Centre saying I have to complete Directions Questionnaire so they can process it.
18/08/16 Request for telephone Mediation (from solicitors) + N180 Directions Questionnaire.
24/08/16 Letter to CC Business Centre cc Howard Cohen solicitors, asking for a response to my letter claiming Statute Barred which they ignored, because LOL it wasn't..
03/09/16 N24 General Form of Judgement or Order giving 7 day extension to file my Directions Questionnaire.
08/09/17 Letter enclosing form N180 , apologising for delay due to seeking independent advice.
08/09/16 Agreed to Mediation + a budget which StepChange helped me complete.
11/09/16 Letter of acknowledgement from CC Business Centre enclosing EX370 re Mediation.
16/09/16 Provisional Mediation apptmt.
23/09/16 Letter asking me to phone Mediation Section.
29/09/16 Mediation appointment letter sent.
29/09/16 Complaint letter sent to Halifax Bank
03/10/16 Monday - email reply to my complaint letter NB thought it was a scam at first.
06/10/16 Rang Halifax Complaints Dept. and they cancelled debt and credit mark.
06/10/16 Halifax Bank letter saying matter sorted, etc. No mention of alleged debt. Not received till after mediation.
07/10/16 Mediation Day - failed
12/10/16 Notice of Transfer of Proceedings N271
08/11/16 Notice of allocation to Small Claims Track (Hearing)
11/11/16 1st letter sent to Halifax Bank CEO with cc. complaints dept. requesting validation of debt. etc.
with covering letter to Complaints Dept. requesting confirmation of debt cancellation.
06/12/16 Deadline for Witness Statements from County Court

Thank you
smallfish

**Amethyst** · 21st November 2016, 15:43:PM

Re: Court case coming up

You've already submitted your defence, if you have been on another site ( the legal fiction one), then I'd have a concern about your defence - or did you file that before you came across them?

The main defence is that the debt is statute barred ? but you actually don't think it is? - would you be able to post a copy of the defence you filed please.

Also - counterclaim? Did you make a counterclaim or simply defend?

Hopefully seeing that you have been in contact with Stepchange means your defence won't be too 'out there'...

Once we have that we'll have a better idea what you need to do and if anything needs remedial action before you file your witness statement.

**smallfish** · 21st November 2016, 18:57:PM

Re: Court case coming up

I can't find the copy of the defence - it got sent with the uncompleted Directions Questionnaire (24/06/16).
I've got notes. Here is what StepChange said:
1) It's an unsecured debt
2) By filling in court paperwork, I'm deemed to have acknowledged the debt
3) Send back the form unfilled-in and attach a letter saying: I have returned your paperwork because I cannot fill it in, and using hand-written note.
Unfortunately, I can't find a copy of my note.
I was ORDERED to file the Directions Questionnaire 03/09/16 which I did, with a covering letter 08/09/16. No-one was available to advise me at this stage. (again, I can't find my copy)

Dates:
09/03/12 Overdrawn balance of £20.25 with bank
11/09/12 Closed account
15/06/16 N1SDT CC Claim Form
17/06/16 Estimate - sought 2 lots of different advice.
1) Learned about Statute Barred and
2) Told to send back form unfilled-in with a covering note offering to pay at £10 a month (see above, but can't find proof)
27/06/16 Acknowledgement of Defence from CC Business Centre (cc to Claimant) I don't have a copy of my "Defence".
11/08/16 I wrote a letter to CC Business Centre saying I did not admit liability etc because of time lapse (Statute Barred)
This was hand-written. I have a copy.
11/11/16Sent "legal fiction" letter to CEO of Halifax cc Claims Dept.

Sorry if this sounds confused, it is
Thanks for replying
smallfish

**smallfish** · 23rd November 2016, 10:15:AM

Re: Court case coming up

Thanks anyway.
smallfish

**Kati** · 23rd November 2016, 10:48:AM

Re: Court case coming up

tagging [MENTION=6]Amethyst[/MENTION] (she's probably just missed your post due to how busy she is on LB [MENTION=94540]smallfish[/MENTION] ) xx

**smallfish** · 23rd November 2016, 20:29:PM

Re: Court case coming up

Hi Kati
My mistake here, one of the thumbnails still had my name on it so I've quickly removed them all. I didn't know how to remove just one. Sorry
smallfish

**Peridot** · 24th November 2016, 10:06:AM

Re: Court case coming up

Have you contacted Hoist, their solicitors or the Court following receipt of the Halifax letter?
With the proceedings having been issued you can't just ignore them, having received the letter from Halifax apparently indicating that the debt is no longer.
You have kept tabs on dates and actions so far which is great and until you have heard that the claim has been dismissed by the Court you still need to comply with any directions, such as filing the witness statement. Do continue to keep records of contact made etc. going forward as this will make preparing the witness statement easier.
There are some useful posts on the forum relating to tactics employed by some of these debt collection agencies that may help you.

**smallfish** · 24th November 2016, 11:04:AM

Re: Court case coming up

Hi Peridot
No - short answer. They did ask for name of bank clerk who handled complaint, and I said I couldn't do that without asking their permission. They then asked for a copy of letter and I told them I would have to okay it first with bank. So no I never sent it to them.
At mediation they rang off quickly when I told them about bank cancelling debt, saying bank could not do that because it was no longer theirs. They said in closing that it would now have to go to court.
smallfish

- - - Updated - - -

PS THEY is Hoist's solicitors, Howard Cohen.

**Kati** · 24th November 2016, 11:05:AM

Re: Court case coming up

Originally posted by smallfish View Post

Hi Kati
My mistake here, one of the thumbnails still had my name on it so I've quickly removed them all. I didn't know how to remove just one. Sorry
smallfish

done :yo: xx

DISCONTINUED Court case coming up