HPH2/Cohen Claimform - old Barclay Partner finance Loan Debt

[dx100uk]

std N180 if you read any other court thread here guyman.

 

yes to mediation

yes to Small Claims track

1 wit you

rest is obv

 

3 copies

1 to court

1 to cohen minus phone/email/sig

1 for you.

[Guyman]

Evening,

 

Received Letter from Howard Cohen & Co Solicitors Enclosing by way of service a copy of the Claimant's N180 Direction Questionnaire and we confirm that the same has been filed at the Court.

 

Please note that we have asked for Small Claims Mediation telephone appointment and our client will consider any reasonable proposals to discharge the sums claimed in this matter.

 

I am sending my copy of the N180 on Monday recorded delivery along the lines suggested. Date to be received by is the 26th March 2018

 

I have not received anything in relation to the requests i.e. CCA or CPR 31.14 other than an acknowledgement.

 

Surely if I have not received these documents, that I will advise that I need these prior to considering this further.

[dx100uk]

Good you don't want nor need them

 

Read other threads

[Guyman]

Received this from Small Claims Mediation Service.

 

Now I have not had a reply what so Ever in relation to CCA and CPR 31:14. So advice would be really helpful on what I should be saying. "I thought it would simple be they have not provided the evidence requested but in order for Mediation to go ahead there needs to be some flexibility on both parties?

 

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

 

Provisional Appointment Time & Date

 

The small claims mediation team can offer a one hour telephone mediation appointment-----------------. Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead with the specific start time. Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

 

Owing to a high level of referrals at the present time, mediation appointments are limited. If we are unable to contact you before the appointments for this date are booked; your case will be transferred to a court to be listed for allocation. If you would like to increase your chance of securing an appointment please call us as soon as possible on 0300 123 4593.

 

Mediation can only be arranged if we are able to contact all parties to verbally complete the mediation criteria. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation. If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place.

 

If you want a 3rd party to mediate on your behalf please complete and return the form at attached to authorise their involvement, please also ensure that you forward the information about mediation to them. Alternatively you can call 0300 123 4593 to give verbal authorisation.

 

(If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)

 

Mediation Requirements

 

Please read the following statements:

 

Yes No

For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment.

For legal representatives/solicitors only: Have you got full instructions and authority from your client to continue and are able to fully take part in mediation?

I can confirm that I am available for the entire time slot on the date stated above. (Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

 

Mediation is only available to you if you can answer YES to all 3 statements above. If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable).

 

 

How is Mediation Carried Out?

 

You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution. They do not make decisions, offer legal advice or adjudicate the dispute. The mediator’s therefore do not need to see any supporting evidence prior to mediation.

 

Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same. The mediator will continue to go back & forth between the parties for the hour long session.

 

If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it. Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to enforce the order.

 

If no agreement is made after 1 hour, the mediator will end the session and the case will proceed to a hearing to be resolved by a District Judge. Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.

[jon8214]

On the call to arrange the mediation appointment you say yes to all questions

 

when the actual appointment takes place they will ask you the same questions

 

if you haven't received all the info that is when you answer no to the question about you having all the info required

 

mediation will fail and it will be passed back to the court for a hearing

 

saying yes at the appointment call shows your willingness to take part in mediation

[Guyman]

Morning,

 

Just had the Mediation and of course this has failed as Howard Cohen confirmed that they have not as yet received a copy of the Agreement. The mediator did say that she would have a stern word with them that as yet they have no evidence that a debt does exist.

 

This has now been passed back to the Courts and I assume that due to my defence that the Judge will not put them to strict proof?

 

Back to a waiting game I assume.

[AndyOrch]

Will put them to strict proof...Notice of Allocation next which contains the court directions for both parties.

 

Andy

[Guyman]

Thank you

[Guyman]

Afternoon,

 

Received a General Form of Judgement or Order on the 11th June 2018

 

It says

 

IT IS ORDERED that:-

1. Claimant do by 4.00 PM 4 July 2018 file and serve a reply to the defence.

2. The Defendant may within 21 days of service file and send a copy to the Claimants his amended defence if any.

3. Upon compliance refer to any District Judge for Directions

 

I have not received anything from the claimant so assume that have no documentation.

 

Do I now await to hear from the Court?

 

Colin

[dx100uk]

ring the court and tell them.

[Guyman]

Great will do tomorrow.

[AndyOrch]

It would appear that the court has ordered them to re serve particulars ...for some reason...then he will release the Notice of Allocation with directions.

 

Possibly the mediator has a moan about them ?

 

 

Andy

[Guyman]

Afternoon,

 

I contacted the Court today who said that they were a little behind with the work but checked to confirm if a Claimant had indeed sent in a reply to the defence.

 

did find it, but said that it had been received today i.e. 5/7/18. (Date they had to respond by was 4/7/18 at 4.00pm).

 

I did advise that I had not received anything and even so, they had received this out of time.

 

They did say that the Judge would probably allow them to continue.

 

When I got home I indeed had received the reply which is clearly marked on the envelope as posting on the 4th July 2018 1st Class.

 

Now point one, what are the thoughts on applying to get this matter struck out as they have not complied with a Court Order?

 

They have had since the date issued in January 2018 to obtain this information and then have sent this out of time.

 

They have included the following documents:-

 

1. Statement of Truth

 

2. Original signed agreement. (Not sure if this makes any difference but this was for Time Share Points signed in Tenerife in 2006)

 

. Account Summary from original debtor which shows payments and "Write off Debt Sale 30/12/2014" and account balance adjusted to 0.00

 

4. Notice of Assignment dated 30/5/17

 

5. Letter dated 30/5/17 with Payment options

 

6. Letter dated 25/1/18 in reply to CPR 31.14 to say they have requested documents

 

I await your thoughts, if you need to see documents, I will of course upload them.

[AndyOrch]

You cant strike out for being a day late..but all means you can try...cost you £255 for the application.

 

Yes please do scan/redact/upload your documents.

 

 

Andy

[theoldrouge]

Timeshare in Tenerife ? Silverpoint by any chance?

Highly likely missold , you need to do a lot of research as well as defending this claim, you are likely to have a claim against the timeshare seller and BCF

 

Case going through the upper tier tribunal at the moment, the FCA requesting to invalidate BCF timeshare agreements sold by Silverpoints Malta operation

[Guyman]

Documents attached

Claimants Reply to Defence.pdf

Edited July 8, 2018 by stu007

[dx100uk]

was this a timeshare?

 

dx

[Guyman]

Hi,

 

Yes this was for time share that was signed in Tenerife for points which we no longer owned as the Management Fees became far to much.

[dx100uk]

then IMHO you need to inc that as post 40 IF it ever gets to the WS stage

[Guyman]

I am sorry I am probably being really thick Post 40? and WS Stage I assume is witness stage?

[dx100uk]

Timeshare in Tenerife ? Silverpoint by any chance?

Highly likely missold , you need to do a lot of research as well as defending this claim, you are likely to have a claim against the timeshare seller and BCF

 

Case going through the upper tier tribunal at the moment, the FCA requesting to invalidate BCF timeshare agreements sold by Silverpoints Malta operation

 

 

 

^^^^^^^^^^^^^^^^^^^^

[Guyman]

Really sorry makes sense now. This was a Timeshare sold by Sunterra who are now Diamond Resorts.

[AndyOrch]

But it was an unsecured personal loan with Barclays Bank Plc ...so no connection to Timeshare.?

 

Andy

[Guyman]

It was a personal loan arranged by the Timeshare company for the purchase of timeshare points.

[AndyOrch]

Yes but they are not party to the agreement...simply arranged it between you and Barclays Bank Plc