County court claim from Hoist Finance UK Holdings 3 Limited

[xmasbob]

Thanks Mike, I do appreciate your replies.

So just hit yes to mediation, and do I actually go through with it? Or do I explain I'm still waiting for the documents I asked for?

[MIKE770]

They ring or write basking have you all documents to proceed with any mediation if not tell them. They will state no mediation and inform court for next stage.

[ostell]

On your directions Questionnaire it asks you to name your local court. Pick your court and that is where the hearing will be. Northampton are just a clearing house.

[xmasbob]

On your directions Questionnaire it asks you to name your local court. Pick your court and that is where the hearing will be. Northampton are just a clearing house.

Ohhh, thank you so much! I saw the Northampton stamp and just assumed it would be there. That makes me feel a lot better.

[xmasbob]

Quick update and a question - I've just received the claimant's directions questionnaire. Their covering letter states they've requested mediation. But on their completed form they've answered the question "how many witnesses, including yourself, will give evidence on your behalf at the hearing?" with NONE.

Does this mean they won't be attending the hearing? Or they will, but won't be saying anything?

[Norwich80]

I think you are 1 step ahead of me in the same situation so I'm following along to see what happens. I've just had the letter regarding a DQ from Howard Cohen but also have never received any of the paperwork I requested. Good luck

[xmasbob]

Thank you! And good luck to you, too!

[Norwich80]

I've had my DQ now, where it says "serve copies on all other parties" did you send copies of yours to Hoist and Howard Cohen as well?

[xmasbob]

Yes, that was a surprise to me too. I don't have a printer and we're in lockdown so most places to get things printed off are shut. Managed to find a place locally to get copies of the forms printed.

I did manage to find email addresses for Howard Cohen so was going to email it as a last resort if I couldn't get copies of the form printed. They don't have email addresses on their website but they're part of a larger company so I figured at least sending it to them would be a start. Let me know if you're struggling to print copies off and I'll message you their details.

[xmasbob]

Hi all, I've had an email from SCM Referrals with instructions on setting up mediation.

The email states that I must be able to answer all 3 questions as YES in order for mediation to proceed. One of those questions is:

"2. You confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate"

At this point I still do not have a copy of the original agreement, the Default Notice, or the Notice of Assignment from the claimant's solicitors. I also never received a response to my request to Hoist asking for a copy of the original agreement.

Before I email back and advise I cannot answer yes to this question I just wanted to double check that this is the right thing to do. Any help/advice will be appreciated.

[MIKE770]

if not yes then state no, it will go back to court for further court procedure. normal practice = no mediation can take place.

[xmasbob]

Thank you Mike, again I really appreciate your help.

[MIKE770]

they can be told later in proceedures to produce the paperwork, most do not at this stage

[xmasbob]

What do you think the chances are that this will actually go to court now? Without this paperwork how likely are Hoist/Howard Cohen to continue?

[MIKE770]

They will knowing that they have more time to supply later in proceedings, or discontinue at the last minute before they loose deposit, sometimes it is a game who cracks first (UK so called justice), but later on you can get the court to give them a deadline to supply. sure others can be more specific jaguar