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daughters boyfriend has received a claim form in connection to a £1600 Barclaycard debt owned by Hoist portfolio. He has obviously ignored any previous letters I.e LBC though states he never received one. They joint rent their property and have very little in the way of assets. He does however work. What is the best way to deal with this claim form. I am aware there will be a response time. Thanks in advance.
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acknowledge on line receiving N1 court form - tick defend all , do not give I&E info send a CCA1974 request recorded delivery with a £1.00 p.O. send CPR request have a word with Diana Mayhew in the 1st place
Claim Received CCA Request Template
CPR 31:14 - Inspect Document Request (CCA not Sent)
di@joannaconnollysolicitors.co.ukLast edited by Joanna Connolly Solicitors; 19 January 2020, 10:22.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username. -
Originally posted by The Tech Clerk View Post
Just to confirm who does he need to send the CCA request to Hoist or their solicitors? ThanksLast edited by Joanna Connolly Solicitors; 19 January 2020, 10:31.Comment
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I wouldn’t tell him to send anything to anyone until he’s had some legal advice based on the facts of his case.Originally posted by scottygees View Post
Ive got your other emails so feel free to add this to the list
Di
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DiOriginally posted by Diana Mayhew View Post
I wouldn’t tell him to send anything to anyone until he’s had some legal advice based on the facts of his case.
Ive got your other emails so feel free to add this to the list
Di
the simple facts of the case are he defaulted,didn’t pay anything and then buried his head and ignored all correspondence. He says he never received a LBC but I am not convinced. So not quite sure how he can proceed.Comment
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Originally posted by The Tech Clerk View Post
Before giving advice on managing a court claim it’s essential to establish the facts.
Part 18 Questions can be relevant especially since the Claimant may lack FCA authorisation.
DiComment
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Originally posted by scottygees View Post
Because Hoist may not have the legal right to issue a claim?
What is the precise name of the Claimant.
I assume the solicitors are Howard Cohen?
DiComment
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Di can I ask what information you need from me and I will try and attain it.ThanksOriginally posted by Diana Mayhew View PostComment
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Originally posted by Diana Mayhew View Post
I wouldn’t tell him to send anything to anyone until he’s had some legal advice based on the facts of his case.
Ive got your other emails so feel free to add this to the list
DiQuote:- CPR request have a word withDiana Mayhewin the 1st placeI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Start by emailing me the first page of the claim form so I can see what they are claiming and why they think they have the right to claim it.Originally posted by scottygees View Post
If they haven’t pleaded their case properly then they will struggle.
The deadline for filing the Acknowledgment of Service is 19 days from the claim Issue Date, so hopefully plenty of time to formulate a plan, unless he’s missed that deadline while burying his head in the sand since it was served.
What is the claim Issue Date (on the top right of the front page)?
DiComment
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Just sent you the front page, can you confirm receipt.thanksOriginally posted by Diana Mayhew View PostComment
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Originally posted by scottygees View Post
Yes it's arrived safely (that was quick!)
I note that the Claimant does not have FCA authorisation
I'll explain the relevance of that later, but it means this legal argument may form part of his Defence.
Jo explains it here >
DiOriginally posted by Joanna Connolly View PostComment
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Thanks for the speedy reply. Sounds promising. Can you let me know how he needs to respond. Many Thanks once moreOriginally posted by Diana Mayhew View Post
Yes it's arrived safely (that was quick!)
I note that the Claimant does not have FCA authorisation
I'll explain the relevance of that later, but it means this legal argument may form part of his Defence.
Jo explains it here >
DiComment
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I'll reply to your email tomorrow, and we'll take it from there.Originally posted by scottygees View Post
Enjoy the rest of your weekend.
Di
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Di I have just pm you regarding our conversation at lunch today.Originally posted by Diana Mayhew View PostComment
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