Evening lads, I have to have this finalised tomorrow. As previous post, had to visit a terminally ill yesterday but sadly he passed away while I was with him so have been unable to post anything for a couple of days. Would the following be suffice or do I need to add or remove anything Thanks again SHB In the XXX county courticon Between : Hoist And SHB Witness Statement of SHB in response to the Claimants application for Summary Judgment CPR 24 I SHB of Xxxxxxxxxxxxxxx WILL STATE AS FOLLOWS: 1.I am the defendant in this case and state the following in support of my defence dated XX XXX 2016 in response to a claim made by the claimant dated 15 XXX 2016 and in objection to the claimants application for Summary Judgment dated 15 XXX 2016. 2.The claimants particulars The Claimant's (Hoist Ltd) claim is for the sum of £XXXX in respect of monies owing pursuant to The Consumer Credit Act 1974 under account number XXXXX XXXXXXX The debt was legally assigned by Santandar UK PLC to the Claimant and the Notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87 (1) CCA The Claimant claims 1. The sum of £XXXX 2. Interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00 per cent from XX/XX/XX to the date hereof 14 days is the sum of £XX 3. Daily interest at the rate of £XXX 4. Costs My defence The Claimant's claim was issued on XX XX 201. The defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. The Claimant's claim to be entitled to payment of £XXXX or any other sum, or relief of any kind is denied. The Claimant contends and confirmed in writing that that the default notice was issued although has not clarified the date on the Claim Form. Originally administered by Cahoot and latterly by Santandar, I was sent, in the same envelop, letters from Santandar and Hoist Ltd, both dated xx xx xxxx notifying me that the Notice of Assignment had taken place on xx xx xxxx however this contradicts a previous Santandar Summary Transaction statement dated 2 months stating the debt transfer had taken place then. As such, it is denied that I was correctly served a Notice of Assignment from Santandar In view of the above circumstances, the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed. I believe the facts stated in this Witness Statement are true signature

Here goes In the XXX county court Between : Hoist And SHB Witness Statement of SHB in response to the Claimants application for Summary Judgment CPR 24 I SHB of Xxxxxxxxxxxxxxx WILL STATE AS FOLLOWS: 1.I am the defendant in this case and state the following in support of my defence dated XX XXX 2016 in response to a claim made by the claimant dated 15 XXX 2016 and in objection to the claimants application for Summary Judgment dated 15 XXX 2016. 2.The claimants particulars The Claimant's (Hoist Ltd) claim is for the sum of £XXXX in respect of monies owing pursuant to The Consumer Credit Act 1974 under account number XXXXX XXXXXXX The debt was legally assigned by Santandar UK PLC to the Claimant and the Notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87 (1) CCA The Claimant claims 1. The sum of £XXXX 2. Interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00 per cent from XX/XX/XX to the date hereof 14 days is the sum of £XX 3. Daily interest at the rate of £XXX 4. Costs My defence The Claimant's claim was issued on XX XX 201. The defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. The Claimant's claim to be entitled to payment of £XXXX or any other sum, or relief of any kind is denied. The Claimant contends and confirmed in writing that that the default notice was issued although has not clarified the date on the Claim Form. Originally administered by Cahoot and latterly by Santandar, I was sent, in the same envelop, letters from Santandar and Hoist Ltd, both dated xx xx xxxx notifying me that the Notice of Assignment had taken place on xx xx xxxx however this contradicts a previous Santandar Summary Transaction statement dated 2 months stating the debt transfer had taken place then. As such, it is denied that I was correctly served a Notice of Assignment from Santandar Furthermore, despite several attempts requesting a true compliant copy of the credit agreement and applicable Terms and Conditions, I was sent a non compliant copy of the alleged agreement with the Santandar stamp on it even though Santandar didn’t purchase Cahoot/Abbey National several years later. They also sent 3 different sets of Terms and Conditions all post dated after the date of the alleged agreement. In view of the above circumstances, the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed . I believe the facts stated in this Witness Statement are true signature

Cheers Martin, here is my draft Witness statement for your perusal Thanks in advance In the XXXXXXXXX county court Claim no. XXXXXXXX Between : Hoist Claimant And SHB Defendant Witness Statement of SHB in response to the Claimants application for Summary Judgment CPR 24 I, SHB of (insert address) WILL STATE AS FOLLOWS: 1. I am the defendant in this case and state the following in support of my defence dated xxxxxxx in response to a claim made by the claimant dated xx XX 2016 and in objection to the claimants application for Summary Judgment dated xxxxxx. 2. The Claim is for the sum of £XXXX in respect of monies owing pursuant to The Consumer Credit Act 1974 under the account of XXXXXX XXXXXXXX 3. My Defence The Claimant's claim was issued on (xx XX 2016) stating I, the defendant owes them the sum of xxxxx. The Claimants claim to be entitled to the said payment of xxxx is denied with regards to the defendant owing the said monies to the Claimant. The Claimant has failed to provide any evidence of a true, compliant copy of the agreement and failed to provide copies of the appropriate Terms & Conditions, although three different sets of Terms & Conditions have been received all of which post date the agreement despite several requests over a number of years It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: . (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; . 4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. . 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. . 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. 7. I, the Defendant contends that the Claimant's claim is so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation action 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. It is my contention statute - s5 limitation act states.. 'An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued'. The cause (accrued) from the last payment missed/due date is in excess of 6 years. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed pursuant to CPR 24 PD 5.1 (2 or 3) I believe the facts stated in this Witness Statement are true signature xxxxxxxx Dated.xxxxxxx

Hi Andy/dx100uk, I have drafted up the following witness statement, again any guidance is appreciated. Should I attach it here or PM you 2 Thanks SHB

Hi Andy and dx100uk, many thanks as usual for your continued guidance however, I am at a loss at the minute. I just want to recap as panic is kicking in due to the time constraints. As mentioned the court date is mid October, however, I am away on holiday monday morning so whatever docs I need to send/take to court will have to be done by tomorrow (I need to visit a terminally ill relative first thing in the morning and wont be able to get to the courts until 1.00 oclock at the earliest and family member lives 2 and 1/2 hours away. The courts have sent me only a Notice of Allocation to a Small Claims Track (Hearing) form and nothing else although I know an N245 form has been mentioned on here. They havent advised me what form to fill in other than provide a Witness Statement (typed). While reading your last post Andy, are you meaning this one and if so, do I type up (please see below) and add or amend accordingly. If that is the case, Do I then forward copies of all docs I intend using as my defence as well as including in my statement that the agreement is stat barred. Do I further include that as yet, Cohen have provided me (after specified date) with their Claimants Direction Questionnaire but no Witness Statement, No True copy of the Credit Agreement or correct T & Cs. Also I include the Statute Barred Statement Defence . The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. . 1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant. . 2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago. . On the DDicon/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. . 3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: . (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; . 4.As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. . 5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. . 6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Also, I have been able to find a copy of a witness stating relating to a stat barred case

Evening dx100uk, they (Hoist/Cohen) have sent me nothing. I sent my draft directions to the courts and to them. Cohens submitted a directions questionnaire late however, on their letter they state "that to minimise their costs, their client will consider any reasonable proposals to discharge the debt claimed in these proceedings"

PS. Should I also enclose a copy of the alleged agreement that they sent me that was stamped by Santandar even though they didnt own Cahoot at the time of the alleged agreement

Hi Andy, I am trying to prepare for the hearing however need a bit of guidance if possible. In the letter from the courts, they state copies of all docs should be sent to both the court and Hoist. I presume a copy of every letter I have sent to Hoist, previous DCAs and Santandar should be sent? Both parties must provide a witness statement. These should be typed and signed by the witness (will the signature not given Hoist the opportunity to forge it?) They state the statement should be typed but there is no mention of form N265 nor have I received one. Do I request this from the court or do I just type out a witness statement stating Repeated requests for a True Copy of the Agreement, T&Cs were made and a bad copy of an non compliant application form together with 3 sets of T&Cs, all different with differing dates on and the dates being after the date of the alleged agreement. I further confirm that the alleged agreement is now statute barred. Do I type a Standard disclosures letter the same as I did for the draft directions? Also, would you anticipate Hoist/Cohen will only reply in response to disclosures or should they be forwarding their disclosures first as they did with my draft directions Apologies for the questions but I just want to get this done correctly Thanks again SHB

Thanks Andy, copy my draft directions onto the N265 form. As I am using the Stat Barred defence, should I also include previous requests for T&Cs and Copy of Alleged Agreement and should I also highlight the fact that Abbey sent 3 different sets of T&Cs all dated after the alleged Agreement date

Hi folks, I need to try and move this on as I am off on holiday next weekend so need to forward directions asap. I appear to be going around in circles. I am trying to find what I need to do but hitting a brick wall. I am trying to find the Standard disclosures I need to forward to the court and Hoist some of the links are stating poster has been banned and subsequent posts removed or I receive a message stating you do not have permission to access this page. Any assistance will be appreciated. Also, I have on many occasions requested T&Cs, a copy of the alleged agreement etc yet they and others have failed to provide a true copy. Do I include all this in a bundle together with their respective replies

Hi Andy, out of interest, the letter states Claimant to pay the fees. Do I also have to pay such fees as I cant see anything on the court papers. Will familiarise myself with disclosures in due course

Just an update on this, just received a letter confirming that the case is allocated to small claims track at my local court and scheduled for October. It confirms that all docs to be relied upon be submitted no later 14 days prior and a hearing fee of £355 is payable (disgraceful). Any guidance as to the next steps would be much appreciated Cheers SHB

Spoke to the courts who confirmed that they hadn't received anything although Claimants still had a couple of days as they were still checking post from 21st July. I have however, received a copy of a DQ and covering letter from Cohens. Letter states " we can confirm that a copy of the same has been filed at the court. We confirm that in an effort to mininise our costs, our client will consider any reasonable proposals to discharge the debt claimed in these proceedings " The letter would arrive at courts after required date so it looks like it has been sent as a response to my DQ sent to them. Their directions are tick box answers only

Thanks martin2006, Andy, would you suggest I contact the courts as per martins post cheers SHB

Just an update , Mcol website confirms receipt of my DQ and the final day for submissions has now passed. Still nothing received from Hoist/Cohens and nothing on website. I presume they are also supposed to make submissions , if so, what happens if this has now passed? Do the courts allow late submissions? Will the case be stayed? Do they have to pay extra fees or are they allowed to effectively do what they want Cheers SHB

Hi Andy, hopefully final question for now, does a copy of the DQ go to Hoist, Cohens or both, cheers

All done. I will forward an unsigned DQ to Hoist and do I post the original back to the courts or can it be uploaded

Draft Directions typed up as follows:- 1 The Claim to be allocated to Fast Track 2 The case to be heard at my local court 3 The Claimant has failed to approach or agree directions.

Your help and support is much appreciated Andy, thanks

Hi Andy, is there a specialist form I need to attach for the Draft Directions and do you think I need to add anything extra as I am going to send the docs today Thanks in advance SHB

Previously they have forwarded a 2 page application however, this appears to have been doctored as hand written reference numbers differ on both copies. T&Cs sent relate to 2006 and 2009

Just an update, nothing been received from Hoist or Cohens and DQ have to be returned by next week. Are the Draft Directions attached to the DQ or can they be written into the D4 box. My draft directions are to be: Fast Track Local Court Claimant failed to approach re directions Is this ok and good to go or are there anything else I need to include Cheers SHB

Andy, in the meantime would you suggest I send Hoist and a CPR 31.14 requesting all info or just wait for their move, thanks in advance

Great stuff. Basically just wait for them to make their move. If I hear nothing then send the N181 back to the court and a copy to them

Apologies if I am appearing thick Andy lol, to agree directions, am I right in thinking that I forward the N181 form to them including comments on D4 as mentioned. If so, once I have forwarded the N181, do you suggest I then ring Cohens or Hoist for their draft directions or are they supposed to forward this info to me before forms have to be submitted to the court. I havent heard anything from them and there are no entries on the Mcol site stating they have received anything from Cohens