Claim Form from Hoist. Former cahoot flexi loan.....

[AndyOrch]

Where have they referred to it being a joint account ? Is the claim in your name only ?

[mao]

There were two claim forms one for me one for my partner

[AndyOrch]

Right so you are submitting 2 defences ....do both claims have the same claim number?

[mao]

both claims have the same claim number, so yes two defences i believe.

[AndyOrch]

Okay.......

 

The defence can be used by both of you but Point 1/2/3 will be different on both.

 

Yours will state.....

 

1. Paragraph 1 is noted however it is denied that I ever entered in agreement that the claimant relies upon. The claimant has failed to provide any evidence of any agreement that states that this debt is joint and several.

 

2.Paragraph 2 & 3 are denied and irrelevant as I have never entered into any agreement relied upon.

 

 

Mrs will state......

 

1. Paragraph 1 is noted but is not admitted.I am unaware of what agreement the claimant refers to and have sought clarity by way of a section 77 request,which the claimant so far has failed to respond to.

 

2. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant.

 

3. Paragraph 3 is denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

Regards

 

Andy

[mao]

andyorch, thank you, will file now. i appreciate your time.

[mao]

what should i do if i am not certain. i may have been on the agreement. unlikely but possible.

[AndyOrch]

Amend your point 1 to something such as......I do not recall ever signing a joint agreement and therefore it is denied that I am party to this claim until such time that the claimant can prove otherwise.

 

But you should know whether you are or not...Im sure I would recall signing a joint agreement.

[mao]

Done and sent.

 

i think it was all done online. and yes you are certainly right. i should know

 

thank you for your time, wishing you and dx100uk a restful weekend.

[AndyOrch]

[dx100uk]

your credit file might well tell you

if its on your file

odds on you signed the agreement.

[mao]

have just realized have mad a huge mistake.

 

 

i was so stressed about getting the defense done and the right way around

i filed only paragraphs 1 2 and 3 of the defense as andy had amended for me AND NONE OF THE REST.

 

 

i realized immediately after posting here,

have spent the last 2 hours trying to get through to the mcol helpdesk (nearly impossible),

 

 

have just now spoken to someone who says they have sent the defense on to Cohen solicitors

and i need to fill in form N244 and pay a £50 court fee (x2).

 

 

i cant believe i have been so stupid after all your help,

 

 

think i was just not thinking clearly,

 

 

like a said i realize virtually immediately after.

 

 

i cant believe it.

 

 

im so cross with myself.

 

 

what the heck do i do now????

[mao]

dx100uk. its not on my credit file.

[AndyOrch]

Email the full copy to Northampton and attach a cover note explaining your error...I doubt very much its been served on the claimant yet...MCOL is just not that efficient:-)

[mao]

hi thank you andy,

 

is that the ccbcaq@hmcts.gsi.gov.uk (claim responces and directions) email do you think? or the mcol@hmtcs.gsi.gov.uk ?

 

 

thank you,

[dx100uk]

yes

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field.

.

If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

[mao]

nightmare. can't believe i did that. gin o clock now....... thank you both.

[AndyOrch]

hi thank you andy,

 

is that the ccbcaq@hmcts.gsi.gov.uk (claim responces and directions) email do you think? or the mcol@hmtcs.gsi.gov.uk ?

 

 

thank you,

 

ccbcaq@hmcts.gsi.gov.uk (claim responces and directions)

[mao]

Hello all, in light of the mess up i made of the defence, despite all your help, i am thinking i just want this situation resolved ASAP and am thinking of offering a full and final of 5% (£600) to make it end. Ultimately i have £600 now but will no way have £12000 should the court find against me and then i am up a creek without a paddle. could anyone have a look at this letter for me please and point out any obvious flaws in my plan......thank you

 

 

 

 

Dear Sir/Madam

 

Account No: _____________________________

 

We write with reference to the legal action which you are taking on the above account.

 

Whilst we dispute that the debt is owed, and we note that you are in default of our section 77 request we are mindful of the costs occurring on both sides and we are prepared to make an ex gracia offer in full and final settlement.

 

We can raise £600 and we want to offer this as an ex-gratia payment in full and final settlement of the account.

 

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released from any liability, and that any current court procedings will be halted.

 

We also request that, if accepted, you make an entry on my/our credit reference agency files relating to the above account as having been paid and the account closed.

Payment can be made within 7 days of receiving your written agreement of this offer and method of payment.

 

 

 

 

have take n the *without prejudice * out do you think its clear enough that i am not accepting liability??

[AndyOrch]

I doubt very much they will accept an offer of £600 against a £12 K debt mao ...hold your nerve and wait for a response to your defence.

 

Andy

[mao]

hi andy, the idea came from another similar thread here by billyrayvalentine, where they offered him a settlement of 3%. thought it was worth a shot. should i be worried that mcol still has the incorrect defence listed? thank you

[AndyOrch]

If you sent a further copy as per my post #43 above then that is your defence...your last version submitted within the time frame.

 

Wait now...have patience...no knee jerk decisions and see what happens once the 33 days has expired.

[mao]

hi andy, thank you, i did email the defense as per #43 but i believe it to be outside the time frame (ie after 4pm)..... o mcol it has the partial defence and states

 

Your defence was submitted on 15/01/2016 at 14:23:48

 

Your defence was received on 15/01/2016 at 16:01:56

 

argh.

[dx100uk]

no that's all ok.

 

 

stop fretting

 

 

dx

[AndyOrch]

hi andy, thank you, i did email the defense as per #43 but i believe it to be outside the time frame (ie after 4pm)..... o mcol it has the partial defence and states

 

Your defence was submitted on 15/01/2016 at 14:23:48

 

Your defence was received on 15/01/2016 at 16:01:56

 

argh.

 

Did you get an auto response to your email ?