Where do I start? Court papers received :(

[Kidseh!]

Re: Where do I start? Court papers received

Thank you. There is so much information to take in. No offence taken at all for your comment, he absolutely should be taken responsibility and I am trying to support him to do that as I know how overwhelmed he is x

Hopefully once this gets sorted he will have learned a valuable lesson in life.

I'm probably more worried than him, I've heard so many horror stories about bailiffs etc! ☹️

I do welcome all comments, questions , advice etc and thank you all for taking the time to respond 🙂

[Diana M]

Re: Where do I start? Court papers received

I am very worried about the outcome as he is only young, he lives with his girlfriend in a owned/mortgaged property, could they actually take his house?

No they can't take his house, so you can stop worrying about that side of things

Assuming the property is jointly owned with his girlfriend then the worst case scenario would be a Restriction placed on it at Land Registry which wouldn't lead to an Order for Sale since it's not his girlfriend's debt. When the house is sold (by choice) the creditor has to be made aware.

And before any of that could happen the Claimant would have to get a County Court Judgment, so that's all a long way off.

Di

[Kidseh!]

Re: Where do I start? Court papers received

Thanks Di, that's a relief xx

I've just sent the CCA recorded delivery and also forwarded a copy to their legal.
Next step CPR request x

[charitynjw]

Re: Where do I start? Court papers received

It is also wise to SAR the original creditor (B/card?) as the info sent in response can be enlightening.
See top of this thread for info.

[Kidseh!]

Re: Where do I start? Court papers received

Hi again guys x

Now Im totally confused!
Sent of the CCA and CPR to Hoist Holdings as stated on the Court papers.
Received a reply from Robinson Way debt collectors stating this:

Following your request, we have today asked for a copy of the agreement/statement. We have put your account on hold temporarily and we will contact you when we receive the documentation.

Why has it come from Robinson Way and does this mean court is on hold or do I still submit a defence with in the 28 day guidelines?

Thanks in advance for any advice x

[MIKE770]

Re: Where do I start? Court papers received

no only the court could put case on hold

[Diana M]

Re: Where do I start? Court papers received

The Defence must be filed within 33 days from the claim Issue Date come hell or high water.

That letter from Robinson Way is helpful because it (a) acknowledges receipt of your CCA Request albeit in a tacit way, and (b) is a confession that they haven't got the documents in their possession which they ought to have had before the claim was issued.

Keep that letter safe.

Di

[Kidseh!]

Re: Where do I start? Court papers received

Thank you x
Ill go ahead with the defence and look after that letter for now!

[Kidseh!]

Defence Letter, is it Section 77 or 78?

Just drafting up defence letter now and wondering which to delete, 77 or 78?


11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

[Diana M]

Re: Where do I start? Court papers received

I've spotted this post on another thread you've started today - does it relate to this claim? If so it may make sense to merge the threads so the full history can be seen.

Just drafting up defence letter now and wondering which to delete, 77 or 78?

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

Thread link > http://legalbeagles.info/forums/show...582#post737582

Di

[warwick65]

Re: Defence Letter, is it Section 77 or 78?

I know [MENTION=87380]Diana M[/MENTION] has asked a question on another thread

With no understanding of the claim it is impossible to say exactly but in general
S77 - Fixed term Loan account
S78- revolving credit such as a credit card or maybe a catalogue debt or I think some of the short term pay day type loans

You could use the generic S77-7( request and by virtue of either S77(4) , S78(6) or S79(3) but i would be inclined to use the right term

Do the posts relate?

[Kidseh!]

Received 'Notice of proposed Small Claims Track'

Hi Guys
I Initially received court papers and followed the very useful guidance on this site.
I have heard nothing apart from a letter from Hoist Portfolio acknowledging my request for information and that they would put claim on hold until they were able to supply them.

I went ahead and filed my defence as advised.

Today I received a a Small Claims track form but have not had any information from Hoist Portfolio???

Do I complete and return the questionnaire?

Thanks again for any advice offered x

[Kafka]

Re: Received 'Notice of proposed Small Claims Track'

Is this the same claim that you already have a thread for?

If it is you must keep all the info together otherwise people trying to help can't see all the details.

[warwick65]

Re: Received 'Notice of proposed Small Claims Track'

In answer to your question, yes you must fill in and return the DQ, both to the court and to the solicitors
[MENTION=49370]Kati[/MENTION], if this is the same could you merge the threads please

Ta

[Kidseh!]

Re: Where do I start? Court papers received

Hi again guys x
I have now received a Small Claim track questionnaire to be returned to court by August 24th.
I still haven't received any paperwork from Hoist Holdings apart from the letter which acknowledged my request.

Do I return the questionnaire and if so do I seek mediation and also do I tick the box asking if its suitable for small claims track?

Thanks so much x