County court claim from Hoist Finance UK Holdings 3 Limited

[xmasbob]

So I came to realise that it's actually s78 of the CCA for credit cards, not s77. Also with the providing of some documentation from the solicitors I've decided to amend my witness statement.

It's amended from paragraph 10 onwards (1 here is 10 on my doc, it doesn't paste properly):

1. I have received a copy of the Default Notice and Notice of Assignment from the Claimant’s solicitors, however I have not received a copy of the Consumer Credit Agreement.
2. The Claimant has mentioned the Consumer Credit Agreement in its Statement of Case, however it has not provided this document despite my entitlement to inspect it.
3. The Claimant has failed to comply with s78(1) of the Consumer Credit Act 1974 (CCA) and by virtue of s78(6) of the CCA cannot enforce the agreement.
4. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
5. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
6. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
7. It is denied that the Claimant is entitled to the relief as claimed or at all.

MIKE770 Any chance of a quick look before I get this sent off?

Also worth mentioning, I emailed the solicitors and they've agreed for me to send my witness statement to them by email, which is good of them to be fair, I wasn't expecting it. I'm hoping the court will also accept it via email - being in lockdown/wfh I have no access to a printer so it's been difficult getting docs printed off.

[xmasbob]

I've emailed the witness statement to both the claimant's sols and the court - the court has accepted it by email (actually confirmed as such).

I'm still a bit confused by the sols actions: they stated on the Directions Questionnaire that they would not be sending a witness for the hearing. They also emailed the court (cc me in) to say they wanted the hearing and not for the court to make a decision without one. So not sure how this works? But anyway, it's in now so let's see what happens next.

[xmasbob]

Hi everyone, I've received some great news today in the post: official notice that the claim has been discontinued!

Thank you so much MIKE770 for both your advice and for helping to keep me on the right path.

Big thank you to this forum and its owners, I would quite literally have been lost without it!

I am aware that the debt hasn't gone away and that it's not outside of the statute of limitations just yet, so I'm considering making a nominal offer to put this matter to rest.

Thanks again everyone!

[MIKE770]

Well done no offer needed relax breath easy

[ostell]

Why make them an offer, which would upset the statute barred, when they don't seem to be able to proceed anyway.

[xmasbob]

Why make them an offer, which would upset the statute barred, when they don't seem to be able to proceed anyway.

I actually did not realise that, thank you!

[RachLK7]

xmasbob MIKE770 ah that's great news for you, well done!
Unfortunately im not having as much luck!

So angry right now!!! NO mediation has taken place as agreed in DQ & i now have a court hearing date for 22nd June at my local court as requested

*both parties agreed to mediation in DQ its listed on MCO 13th April my DQ was received.

*Overdale/Lowells sent 200+ pages of documents as I requested proof of CCA etc and info they held on me. Obviously thinking I wouldn't go through it with a fine tooth comb trying to overwhelm me - the amount of calls shows how much they've harassed me it's shocking!

*They have sent all the correct info & Reconstituted CCA for the VERY debt, as far as I can see. I have no idea what the CCA should look like so really they could write anything

* but the Capital One debt, the address is not where I was living at the time the debt was taken out. So I want to fight that all the way.

*No mediation has been arranged, no contact from a mediation service whatsoever

*Received a letter today dated 17th May informing me it's been allocated to small claims track at my local court as requested so I rang court & she checked the file. Apparently mediation ran out the same date I submitted my DQ 13th April which is ridiculous.
Nothing on MCO even mentioning mediation!!!

* just been on phone to mediation service but she's said mediation needs to take place atleast 10 working days before hearing so it will be difficult to fit us in and I need to request the court to STAY the hearing until mediation is done!

I have the RIGHT to mediation if both parties agreed to it surely?

What would you suggest in regards to both debts for CCA?
1. Very do I agree to a token payment? provide income & outgoings form to Overdales/Lowells (this would be £1 a month it's all I can afford as I am on disability and really struggling - I'd rather do this than a judge decide what I need to pay each month)

2. Capital One debt - CCA has incorrect address listed for me at time it was taken out. Do you think I need proof of this from old landlord?

3. How do I request a court hearing to be stayed?

So stressed and I'm super poorly at moment, really not the outcome I was expecting! :/

ANY help or advice I'd be so grateful for yet again! Xxx