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Hoist Portfolio / Howard Cohen unpaid hearing fee. What now?

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  • Hoist Portfolio / Howard Cohen unpaid hearing fee. What now?

    Hi,

    First time posting here but I have used this forum a lot over the past few months for advise so thanks!

    Last September Hoist Portfolio started court action against me for just under £13,000. I believe this debt is statute barred.

    I was due in court 24th April.

    The claimant was due to pay hearing fee by 5th April, they failed to pay and i received a letter from the court on the 13th April stating that the claim has been struck out.

    Before I received the court letter stating the claim had been struck out the claimant solicitors (Howard Cohen) sent me a letter with the following.

    Hoist Portfolio Holding 2 ltd V My name
    Claim No. C******
    Without Prejduice (save as to costs)
    Upon Reviewing our file, we note that you made a payment offer of £20 per month to discharge the sums claimed. Our client is therefore prepared to accept repayment terms under a tomlin order which will avoid a judgement order being made against you.

    It then states that i have to pay £100 for lodging this document with the court. A sealed consent order was attached to the letter asking me to sign and send back with the following schedule.

    (1) The defendant do pay the claimant the sum of £12,951.18 in settlement of the claim by way of installments of £20 per month, to commence one month from date of the sealed consent order;

    (2) In the event of default by the defendant in making any said payments by the agreed, the whole outstanding debt shall become immediately due and the claimant shall be at liberty to enter judgement for the balance outstanding at the date of default.

    I have not agreed anything regarding this debt, i have recently agreed a payment plan for another debt with Hoist Portfolio Holding for £20 per month.

    Please advise my next step if any?

    Simon.
    Tags: None

  • #2
    Re: Hoist Portfolio / Howard Cohen unpaid hearing fee. What now?

    @Diana M

    Comment


    • #3
      Re: Hoist Portfolio / Howard Cohen unpaid hearing fee. What now?

      Since this claim is/was for over £10k was it allocated to the Fast Track?

      You say that it has been struck out due to the Claimant's non payment of the hearing fee by the deadline. Have you checked with the court to see if they have made any Application for relief from sanctions in order to get it reinstated?

      I can't comment without seeing the papers but if the debt was 100% Statute Barred when the claim was issued they may have decided to go as far as they can in the hope that you'd pay up before the hearing when all would be revealed in front of a DJ (that it's SB).

      Accepting an offer (which you say you haven't made ) for only £20 per month against a £13k debt is unusual to say the least. At that rate it would take 54 years to pay it off!

      If it's struck out then it's struck out. Well Done You.

      (But check with the court in case they've made an application to re-instate citing postal delays or some other excuse.)

      Di
      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

      This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        Re: Hoist Portfolio / Howard Cohen unpaid hearing fee. What now?

        Hi,

        Thanks for the reply.

        Yes is was allocated to fast track.

        How would I go about asking the court to see if they made any application for relief from sanctions?

        They missed the initial payment deadline of 17th March, I then received a letter 24th March asking the claimant for the hearing fee of £335 (or obtains concession from the court) by 4pm 5th April which they also missed, then it was struck out.

        I am 95% certain it is statute barred, my last payment was 21/01/2010 and the account defaulted July 2010, claim issued 12 September, they has not provided me with any proof to say otherwise.

        If it is struck out and they haven't made any application for relief, what are my next steps.

        Not well done me, well done this forum

        Comment

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