Barclaycard debt - Hoist Finance/Howard Cohen

[echat11]

Hi - can anyone assist me with my query above.

There are steps before the Hearing. You've stated to the Courts that the Creditor hasn't provided documents. So you need to await further instructions from the Courts. The fact that they have sent Statement of Account tells you that they can't provide the requested documents at this point.

As Mike says 'don't panic', do stay calm.

[Michanne]

Hi

I have now received further correspondence from Howard Cohen to advise that they are awaiting further instructions from the court. in the meantime they have asked me to withdraw my defence and complete an income expenditure form. I acknowledged their letter to say they still have furnished me with the all the documentation requested (true copy of agreement). I did offer a small sum to settle (£300) they have declined this and sent me a reconstituted agreement. They have also made an offer to pay in instalments under a Tomlin Order which I do not want to do. Please can someone advise what my next steps should be. Thank you

[echat11]

Hi

I have now received further correspondence from Howard Cohen to advise that they are awaiting further instructions from the court. in the meantime they have asked me to withdraw my defence and complete an income expenditure form. I acknowledged their letter to say they still have furnished me with the all the documentation requested (true copy of agreement). I did offer a small sum to settle (£300) they have declined this and sent me a reconstituted agreement. They have also made an offer to pay in instalments under a Tomlin Order which I do not want to do. Please can someone advise what my next steps should be. Thank you

When you make offers i.e. £300, make sure you write 'Without Prejudice' on the letter.

I think you need to wait for further instructions from the Court, give the Court a ring, find out if they have sent anything to you.

[Michanne]

When you make offers i.e. £300, make sure you write 'Without Prejudice' on the letter.

I think you need to wait for further instructions from the Court, give the Court a ring, find out if they have sent anything to you.

Oh my - I didn't write "Without Prejudice" on the letter. Does this hinder me in any way. I'll give the court a call now

[echat11]

Oh my - I didn't write "Without Prejudice" on the letter. Does this hinder me in any way. I'll give the court a call now

Only as far as they can bring the letter up in Court and owing monies. But it's done, don't 'dwell' on it. You are still saying you owe something, but not the amount they are claiming.

[Michanne]

So they have declined my offer and have asked me to fill out the expenditure form, I haven’t responded. I received an email today copying me into an email they have sent to the court to chase them up as they say they haven’t heard from them. What do I do next. Thanks in advance

[echat11]

So they have declined my offer and have asked me to fill out the expenditure form, I haven’t responded. I received an email today copying me into an email they have sent to the court to chase them up as they say they haven’t heard from them. What do I do next. Thanks in advance

You can keep making 'Without Prejudice' offers that you can afford. Wait to see what the Court send next. Try not to stress over it.

[Michanne]

Okay, thank you. I’ll wait to hear from the court.

[Michanne]

Hi, I have received a Notice of Hearing. How should I proceed - really stressed!

[echat11]

Hi, I have received a Notice of Hearing. How should I proceed - really stressed!

Calm down, have you prepared a Witness Statement? If not you need to do that. A copy is lodged with the Court and a copy sent to Howard Cohen, make sure you get Proof of Postage. What do the Court instructions state?

https://legalbeagles.info/forums/for...ness-statement

[Michanne]

Calm down, have you prepared a Witness Statement? If not you need to do that. A copy is lodged with the Court and a copy sent to Howard Cohen, make sure you get Proof of Postage. What do the Court instructions state?

https://legalbeagles.info/forums/for...ness-statement

Hi, the Directions state each party must deliver to the other party and to the court copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing. The hearing date is 25 September 2023. The hearing will take place via Teams.

[echat11]

Hi, the Directions state each party must deliver to the other party and to the court copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing. The hearing date is 25 September 2023. The hearing will take place via Teams.

So you have 10 months to get ready for it? Start preparing for it.

[Michanne]

To All

I have today received a Notice of Discontinuation and would like to give a big thanks to all that assisted me throughout.

I just have one further question can I get the default registered by Hoist removed from my credit file.

Thanks again.

[echat11]

To All

I have today received a Notice of Discontinuation and would like to give a big thanks to all that assisted me throughout.

I just have one further question can I get the default registered by Hoist removed from my credit file.

Thanks again.

Well done. You could write to Hoist asking them to remove it, see what their response is.

Reassess once they have responded.

[Michanne]

Thanks - I’ll see what happens