**DISCONTINUED** Court case coming up

[smallfish]

Re: Court case coming up

Re: Court case coming up

Just rang Halifax customer service re letter confirming "matter closed on 06/10/16" to get permission to use in court, if necessary, they said: "It's your letter now, you do what you want with it."
Is it too late to send a copy to Hoist and their solicitors because I have to copy my Witness Statement to them anyway + papers in evidence? Would it show up well in court, if I did?
smallfish

[Peridot]

Re: Court case coming up

Do you have the directions order yet? Sorry if you have already provided this I didn't spot it on the thread. If you have, what are the dates for filing disclosure lists and witness statements?

[Amethyst]

Re: Court case coming up

The letter from Halifax doesn't actually say what they are closing or what matter is at an end. The account wasn't closed until Sept 2012 which would make the debt within the time limits, unless the account just sat there for a long time before closure and the overdraft was caused by the bank taking charges?

[smallfish]

Re: Court case coming up

Do you have the directions order yet? Sorry if you have already provided this I didn't spot it on the thread. If you have, what are the dates for filing disclosure lists and witness statements?

Nothing specifically called a directions order.
Got form from my local CC asking for a) witness statements b) supporting documents c) letter if not intending to place info before the court.
Date for filing witness statements = 06/12/16
What is a disclosure list? Not got anything called that.
smallfish

[smallfish]

Re: Court case coming up

The letter from Halifax doesn't actually say what they are closing or what matter is at an end. The account wasn't closed until Sept 2012 which would make the debt within the time limits, unless the account just sat there for a long time before closure and the overdraft was caused by the bank taking charges?

a) Yes, halifax letter is vague. I have copy of letter I wrote to them on 11/11/16 requesting "written confirmation that the alleged debt with Halifax Bank was sold to Hoist Portfolio Holding 2 Ltd of Jersey, in error." I also asked them to recall the debt and also confirm that in writing but - no reply. Mind, there are so many agents involved, MKDP LLP is one, Robinson Way is another, and on it goes. Confusing.

b) I've got a copy of my transactions at close of account in 2012 which I got on 31/08/16. There was an arranged OD fee of £12.00 in Jan 2012 taking it to negative balance £0.25. Then Mar 2012 an ATM withdrawal of £20.00 taking it to minus £20.25. Then fees were added for 5 months after that till I closed in Sept 2012. I had not checked balance in that time - I know, stupid. I was not using account at all.

BTW I'm starting to get my Witness Statement together and I wondered if I could claim hourly costs for a LITIGANT IN PERSON as it says on the Justice.gov site that you can - even if you're the Defendant?

smallfish

[smallfish]

Re: Court case coming up

I've just had to block the downloads - again, sorry - because I noticed I'd left someone's name on one of them. In fairness, they are entitled to their privacy.
I'm still looking into whether I have a leg to stand on with this - and its maybe I haven't, sad to say.
Will let you know anyway and will try to repost the downloads, with redaction.
thank you
smallfish

[Diana M]

Re: Court case coming up

What is a disclosure list? Not got anything called that.

You won't have to file a Disclosure List since this claim (£166 + interest?) has been allocated to the Small Claims Track not Fast or Multi Track.

You can cross that worry off your 'To Do' list

Di

[smallfish]

Re: Court case coming up

To Kati
I'm going to email you the document copies again cos I found another name needed redacting. Thank you.
smallfish

[Kati]

Re: Court case coming up

newly redacted docs:

[Kati]

Re: Court case coming up

and:

[Kati]

Re: Court case coming up

I've just had to block the downloads - again, sorry - because I noticed I'd left someone's name on one of them. In fairness, they are entitled to their privacy.
I'm still looking into whether I have a leg to stand on with this - and its maybe I haven't, sad to say.
Will let you know anyway and will try to repost the downloads, with redaction.
thank you
smallfish

sorted again xx

[smallfish]

Re: Court case coming up

Hi everybody
Amethyst Peridot Kati Diana M charitynjw

Unbelievable - in a slight daze here
Letter this morning from Halifax Complaint Manager - here is gist:
Thank you etc…. Following our discussion on the 6 October 2016. Your debt of £xxxxxxx which was sold to Compello Group (Hoist Finance) on 24 June 2014 is now in the process of being recalled to us. Once it has been recalled the debt will be cleared as we agreed and you will no longer be pursued for this debt. This was agreed as you had spent only £20.00 of debt and the rest of the balance consisted of correctly applied fees. So I agreed to clear the entire balance without the admission of liability.
I have also arranged to have the default removed from your credit file, these amendments ccan take up to 60 days to reflect on your credit file.
If you have any questions…… etc….. and a phone no.

Ooooh - does that mean I don't have to appear in court, and defend myself? Will now write to Court, and Hoist and anyone else involved, can't think of them all, with a copy of this letter.
Still in disbelief and pinching myself
smallfish

[smallfish]

Re: Court case coming up

Will keep you informed of developments - will I still need to do a formal Witness Statement?
Thanks
smallfish

[Diana M]

Re: Court case coming up

will I still need to do a formal Witness Statement?

I would.

And make sure you include that letter from the Halifax as an Exhibit

The claim still exists until it is either dismissed by the court, struck out by a DJ, or Discontinued by the Claimant.

Hopefully your letter to Howard Cohen solicitors (including the Halifax statement that the account is being recalled by them) will lead to a Discontinuance if you ask them to do that.

Send a copy to Robinson Way and to Hoist. You don't really need to do that but it will give you immense satisfaction

If you receive a Notice of Discontinuance before the hearing then make sure the court knows about it.

Many a slip between cup and the lip and all that.

Di

[smallfish]

Re: Court case coming up

Thanks Diana M
After checking with bank first, I sent redacted copy of their letter to Howard Cohen by email today, after speaking to solicitor dealing with case.
It will be a great pleasure certainly to send them all a copy with a request for Discontinuance.
Now, down to the business of the Witness Statement.
smallfish