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MrJohnW

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Everything posted by MrJohnW

  1. MrJohnW
    A letter today from the court. it says the following - _____ It is adjudged that the claimant recover against the Defendant the sum of £XXX.XX for debt and interest to debt of judgement and £XXX.XX for costs amounting together to the sum of £XXX.XX. It is ordered that the Defendant pay the Claimant the sum of £XXX.XX forthwith. _____ Nothing else. No other details, no Judges name, nothing. This was supposed to be a preliminary hearing. What the heck has gone on? This is obviously nonsense, she has not had the chance to submit a proper defence. Help!
  2. MrJohnW
    Thanks.
  3. MrJohnW
    Any thoughts on the Mackenzie Friend with rights of audience issue? Her Boyfriend could stand in her place and answer any questions the Judge may have, I have had a look round the internet but I can't see a clear way of applying for one.
  4. MrJohnW
    I will just file it then, it can't hurt.
  5. MrJohnW
    Ok. The Clerk said it could be read out in her absence after the confusion over the amended defence. We don't want a default judgement. Do you have any other suggestions? What about getting a Mackenzie freind to at least have a presence there?
  6. MrJohnW
    No Trial, just the Preliminary hearing still. She can't attend so this is the statement to be read out. The witness statement was sent last October before it was dismissed the first time. Still noting from the CPR/CCA/SAR.
  7. MrJohnW
    My landlord is a social housing landlord. This is the third one I have had and it is by far the worst. Absolutely appalling standards and behaviour from the contact centre and (mostly)everyone else in the "office" roles. I have told them multiple times my phone number is form emergencies only and all contact is to be in writing only, they mostly ignore this despite repeated notifications. This is because they lie on the phone or in person. I have video of the senior housing officer threatening my tenancy because I dared to stand up for the rights of my neighbour(at their request). There have been a vast number of other issues but as I record all my calls I have been able to scare them into the correct action. I had a rather rude and demanding phone call from a third party who my landlord had given my private details to replace my front door. I have no knowledge of this so I wrote off a complaint about it to the landlord. After a terrible response I informed that that I would no longer allow them to share my details with any third party without my express written consent. After all, its my personal details and i get to say who has access to it. Queue a rude response essentially stating "Get F*****D, we will give them to whoever we want as GDPR says we can process them in any lawful basis and given them to third party subcontractors is lawful". I do not want them shared with ANYONE as I can not trust the landlord to process my data correctly, I do not want them sharing it with anyone else. They can't even get the address on my property right and THEY built the property. What can I do?
  8. MrJohnW
    As she can not attend could she apply for a family member to be a Mackenzie Freind with the Right of Audience? Is it worth trying that or just go on written statements?
  9. MrJohnW
    Statement of X 1st March 2019 My name is X. I am disabled and not in work. I will be unable to attend the preceedings due to my ongoing mental health problems and the stress involved in dealing with this is causing me further health problems. I was offered a credit card with Capital One in 2014 while having no employment and having been on disability benefits for four years at the time. When I found I was no longer able to make the payments I contacted Capital One through their online portal to discuss the issue and attempt to resolve it. Their agents were incompetent and were unable to grasp the situation. After multiple attempts to get this passed onto someone in their organisation who could help and being met with frustrating replies in broken English it became to much for me to deal with so I ignored it. Capital one continued to add charges to the account for non payment despite my attempts to resolve it. On the 23rd of June 2018 I received a claim form from the Northampton County Court on behalf of Howard Cohen/Hoist. This was not sent with any documents to back up their claim as would be expected nor did they file a letter of claim with her previous to filing with the Court as per Pre-Action Protocol for Debt Claims. This would have been responded to if they had. On the 25th of June 2018 I sent a CCA request to Hoist Portfolio, a CPR request to Howard Cohen and Co and a SAR to Capital One(to gain copies of the discussions through their online help portal). These were sent by recorded delivery so I have confirmation they arrived. To this date none of them have been responded to. I attempted to engage in the County Courts mediation service but as the claimants had not filed any documents with the claim nor responded to the CCA/CPR requests sent to them on the 24th of Speptember the mediation team cancelled the appointment after discussing it with me. On the 19th of October I received a letter from Hoist Finance Holdings 2 stating that Hoist portfolio had assigned all tights to them. They informed me that I owed them £738.86. This is different figure to that claimed by them on the claim from of £608.86. ______________________________________ I am not really sure how to end it, any suggestions?
  10. MrJohnW
    So apparently the last letter was an actual order for her to file an amended defence. I took issue with that and spoke to the court, quoting all the other orders that have actually ordered it rather than the "if so advised" part. They consulted colleagues and said they just type what the judge says and we "Should have sought outside advice". The Judge made an order for a preliminary hearing as "The defendant has no real prospect of success at a final hearing". Its too late to file an amended defence(apparently) but she could write a statement to be read before the court. There is no way she can attend the court so the clerk said that a written statement could be submitted(I will work on that over the weekend). Is there any way a family member of hers could go on her behalf and answer any questions the Judge may have? I will assume Hoist will not attend. Hoist/MMF/Capital One have still not responded to the CCA/CPR/SAR. Hoist2 have sent her letters now quoting a different figure owed to the amount claimed.
  11. MrJohnW
    So, what do you think? Does an amended defence actually need to be filed?
  12. MrJohnW
    I copied the text of the letter omitting names and dates. Its identical.
  13. MrJohnW
    SAR only went to Cap One, nothing else. That was to get hold of the messages that went back and forth between her and them showing she tried to come to a payment arrangement and they declined. No access to a scanner at the moment, the only letter received has been the one from the court. Nothing else received. Still no response to the CCA or CPR requests, not the SAR. Reading through the letter it says only to file an amended defence if so ordered. Is that right or just a typo? The letter is as follows - Before Judge X sitting at "the Court". Upon acknowledging that the claimant had in fact complied with the order dated X, but the documents had not reached the court file and upon the Court sending a copy of these documents with this Order to the Defendant IT IS ORDERED THAT 1. The Order dated X is set aside. 2. Pursuant to CPR 19.2(4) Hoist Finance UK Holdings 2 Limited be substituted as the Claimant Hoist Portfolio Holding limited. 3. The Defendant do file an amended Defence if so advised by the 16 January 2019. 4. The file be referred to the District Judge on Receipt of such defence or after the 16 January 2019 for further order.
  14. MrJohnW
    Case has been re-opened, as they proved to the court they had sent the paperwork in time. They have also successfully had the claimant re-assigned, the court order also sent that a copy of these documents has been sent along with this court order but there is nothing else here. Would she be entitled to see any letters sent by the claimant to the court? The balance claimed from Hoist 2 is incorrect. Amended defence wanted by the 16th. Not sure if I will now have time to work on it as its come at a really bad time. Can she get this extended at all? CPR and CCA and SAR to Capital One have all been ignored. The "Proof" of what went on will be in those documents from Capital One. Is it best to just explain this in the amended defence and hope for the best? Any other advice? Thanks
  15. MrJohnW
    Letters have been ignored and now a threatening e-mail from the companies Credit Control department saying pay by tomorrow or else(essentially).
  16. MrJohnW
    Snap Fitness is the name of the Gym, its a worldwide franchise. I had a membership issue, I reached out twice over two weeks and had no response to my query. Then the bank re-issued my card after it was taken by a faulty cash machine, I reached out again asking how to get updated details on the system (payment for the gym is taken monthly in advance by card) and had no response. The day after payment was to be taken the gyms credit controller sent me two communications to complain it had not been paid and they were charging me a non payment fee as well. I was livid as they cant respond to my membership queries but can jump on me like that because "money is owed", told them so and that I was done and would not be paying any more to them. They promised me a manager would get back to me as I had not had responses and that was not right. Nothing happened. A month later they tried to take payment for another month and failed. They now claimed I owed two months of which I had had no use of the gym. I reached out again and once more had no response. This is all in writing. It is a monthly rolling agreement, paid in advance by card. I have had no use of the facilities during this time. I told them to "Stuff it" after their failure to communicate with me and their attempt to penalise me because they did not respond to my communications. The Local Gym club manager is now sending me threatening letters, everything else was electronically communicated. Thanks to read receipts I know that my initial three queries were read by the club, and when.
  17. MrJohnW
    Had a financial and communication issue with snap fitness, told them to stuff it and I wouldn't pay them anymore (worded nicer) as they could not fulfil their end of the contract. They tried to charge me twice(I had a new card, so no monies taken). Multiple contacts with them (via e-mail and messenger) with no return responses as promised. Now getting threatening letters from them, apparently I owe them 73.9, what the hell is 73.9? Is it worth spending time and effort as they don't respond to communcations or get back to you as promised (ignored by multiple staff members locally and at HO). They have given me 10 days to respond before they send it out to a DCA.
  18. MrJohnW
    Letter from the court stating the Judge has struck it out as the other side failed to file documents with the court. They spent time and effort sending the documents and statements to her, so I assume this was a "lost in the post" situation and they can appeal it? Seems odd that they would not file with the court.
  19. MrJohnW
    Case Discontinued. Thanks for the help.
  20. MrJohnW
    Letter yesterday telling her that "Hoist Portfolio Holding" have sold the debt to "Hoist Finance UK Holdings 2 Limited". The outstanding balance is incorrect based on the court paperworks original amount. Also, Robinson Way will continue to service her account(news to us). So what does this mean? Are we to assume the case will not be pursued as the rights are now with a different claimant?
  21. MrJohnW
    How does a DRO effect a CCJ? If you get a DRO is the CCJ considered as well?
  22. MrJohnW
    Mediation called to make an appontment. Hoist/Cohen have yet to respond to the CPR/CCA. Mediation have transferred it back to court as the claimant has failed to provide documentation of the claim.
  23. MrJohnW
    Will be doing so.
  24. MrJohnW
    Directions Questionnaire has arrived. Filled in and submitted.
  25. MrJohnW
    Not yet.

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