Barclaycard debt - Hoist Finance/Howard Cohen

[echat11]

Hello, I've now received the DQ with a filing date of 23 May.

O.K. they've sent you an agreement, no signature, so it looks like it's a reconstituted agreement, not a true copy of the original.

You need to fill in the DQ carefully, they've sent documents (although not what they should have sent you). You need to say yes to mediation.

Send a copy to the Court, send a copy to Overdales, make sure you get Proof of Postage for both.

Make sure it's done in a timely fashion.

https://legalbeagles.info/forums/for...ims-track-form

[Michanne]

O.K. they've sent you an agreement, no signature, so it looks like it's a reconstituted agreement, not a true copy of the original.

You need to fill in the DQ carefully, they've sent documents (although not what they should have sent you). You need to say yes to mediation.

Send a copy to the Court, send a copy to Overdales, make sure you get Proof of Postage for both.

Make sure it's done in a timely fashion.

https://legalbeagles.info/forums/for...ims-track-form

Great - thanks. I've completed the form and will post tomorrow. When I get the mediation appt through do I mention the fact they haven't provided a true copy of the original agreement.

[echat11]

Great - thanks. I've completed the form and will post tomorrow. When I get the mediation appt through do I mention the fact they haven't provided a true copy of the original agreement.

I'd wait until the Witness Statement then hearing.

[Michanne]

I'd wait until the Witness Statement then hearing.

Witness Statement??

[echat11]

Witness Statement??

Chapter 11, a great guide to procedure etc -

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[Michanne]

Hi

I've received a letter from Howard Cohen proposing a reduced settlement of £1,082.46. It then goes on to say another option is to pay a sum of £1,119.46 and payable my monthly instalments subject to a Tomlin Order. It finishes off by saying I do not reply and the Claim is not settled via Mediation then the matter may be listed before a District Judge where a decision will be made at a final hearing.

I cannot afford the settlement figure and I obviously do not want to be subjected to a Tomlin Order. So should I write back and say no thank you or ignore the letter.

[echat11]

Hi

I've received a letter from Howard Cohen proposing a reduced settlement of £1,082.46. It then goes on to say another option is to pay a sum of £1,119.46 and payable my monthly instalments subject to a Tomlin Order. It finishes off by saying I do not reply and the Claim is not settled via Mediation then the matter may be listed before a District Judge where a decision will be made at a final hearing.

I cannot afford the settlement figure and I obviously do not want to be subjected to a Tomlin Order. So should I write back and say no thank you or ignore the letter.

I'd wait to see what else they send.

[Michanne]

I'd wait to see what else they send.

ok, thanks. I'll just ignore the letter.

[Michanne]

I've received my mediation appointment. It states that if I can't agree with their 3 points then mediation is not the route to take. So my question is - should I now mention that they haven't provided a true copy of the original agreement,.

[MIKE770]

yes then no mediation can take place due to their non disclosure and it will be returned to court for next part proceedure as nothing to mediate .

[echat11]

I've received my mediation appointment. It states that if I can't agree with their 3 points then mediation is not the route to take. So my question is - should I now mention that they haven't provided a true copy of the original agreement,.

You need to phone and email (both) mediation to state that you haven't received compliant documentation so can't do mediation until you do.

[Michanne]

Thanks - I have sent an email and will call them tomorrow to confirm.

[Michanne]

The mediation is no longer going ahead and I think I am now waiting for a hearing date (I'm becoming rather anxious as I've never attended court before). Howard Cohen sent me another letter enclosing a statement of account and offering a settlement figure again and requesting I complete an expenditure form if I wish to pay in instalments which would be subject to a Tomlin Order. What do I do now? Should I just wait for the hearing date and make no mention of the non disclosure of the true copy of the Agreement.

[Michanne]

The mediation is no longer going ahead and I think I am now waiting for a hearing date (I'm becoming rather anxious as I've never attended court before). Howard Cohen sent me another letter enclosing a statement of account and offering a settlement figure again and requesting I complete an expenditure form if I wish to pay in instalments which would be subject to a Tomlin Order. What do I do now? Should I just wait for the hearing date and make no mention of the non disclosure of the true copy of the Agreement.

Hi - can anyone assist me with my query above.

[MIKE770]

await the courts next move and adhere to the courts only, the others are trying to hoodwink you before next court process, look around the site under your own typoe haeding they do this all the time when they have not got the necessary docynments etc DO NOT PANICK that they want you to do. they are animals in disguise (Office jockeys on commission)