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**DISCONTINUED **Hoist portfolio county court claim help!

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  • #16
    Re: Hoist portfolio county court claim help!

    Originally posted by VanessaL15 View Post
    Hi Nem,

    Thank you for your reply.

    This is what I've got so far having amended the defence template. I've tried to add in a bit about the terms and conditions as you've mentioned.

    I received the claim xxxxxxx from the County Court Business Centre on xx March xxxx.

    2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

    3: The claim is for an overdraft facility.

    4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.


    5. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holdings 2 LTD on xxxxxxx. The Defendant does not recall receiving notice of this assignment.

    6: On the xxxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment.

    7. Howard Cohen and Co has not sent any of these documents to me.

    8: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

    9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    10. The Claimants statement of case fails to give adequate details of the agreement including the terms and conditions of the
    overdraft facility.

    11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    13. It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth

    The Defendant believes that the facts stated in this Defence are true.



    Signed

    Dated .................................................. ....
    Hello Vanessa,

    That's good I can't see on reading back that there is anything more to add.

    nem
    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

    If you receive messages from anyone offering advice for a fee please report it to the site team.


    Animo et fide.

    Comment


    • #17
      Re: Hoist portfolio county court claim help!

      Hi vanessa
      have you filed your defence yet?

      I think, but am not sure that the claimants should have been sending you regular statements, if they haven't that could be used in your defence.
      I wouldn't like to tell you which section of the CCA it is but maybe [MENTION=6]Amethyst[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] could give you more guidance

      If you have already sent your defence in then it can wait for the witness statement
      Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
      I have no formal legal training
      Any advice is offered without liability
      If in doubt take professional legal advice or contact the CAB

      Comment


      • #18
        Re: Hoist portfolio county court claim help!

        Originally posted by warwick65 View Post
        Hi vanessa
        have you filed your defence yet?

        I think, but am not sure that the claimants should have been sending you regular statements, if they haven't that could be used in your defence.
        I wouldn't like to tell you which section of the CCA it is but maybe @Amethyst @pt2537 @nemesis45 @Diana M could give you more guidance

        If you have already sent your defence in then it can wait for the witness statement
        Hi warwick65

        The court claim is for an overdraft.
        Is the CCA applicable?

        NB - I tried to PM you but it came back 'return to sender', lol!
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: Hoist portfolio county court claim help!

          Originally posted by charitynjw View Post
          Hi warwick65

          The court claim is for an overdraft.
          Is the CCA applicable?
          I thought that now especially, the consumer credit act did cover overdrafts although of course S77-79 requests are not valid

          As I said, I may be wrong
          Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
          I have no formal legal training
          Any advice is offered without liability
          If in doubt take professional legal advice or contact the CAB

          Comment


          • #20
            Re: Hoist portfolio county court claim help!

            Originally posted by warwick65 View Post
            I thought that now especially, the consumer credit act did cover overdrafts although of course S77-79 requests are not valid

            As I said, I may be wrong
            My apologies, I wasn't clear in my post.
            Overdrafts are covered by the CCA, but with some exemptions (notably part V).
            I was just trying to clarify (in my own mind) whether o/d's have a statutory requirement for regular notices for sums in arrear, & , if so, what the sanctions are for failure to do so.

            NB.....I'm looking back to Coutts v Sebestyen to see if that case sheds light......
            CAVEAT LECTOR

            This is only my opinion - "
            Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #21
              Re: Hoist portfolio county court claim help!

              No worries, hence me throwing it back for others.

              All depends at the moment if the defence has been sent.
              Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
              I have no formal legal training
              Any advice is offered without liability
              If in doubt take professional legal advice or contact the CAB

              Comment


              • #22
                Re: Hoist portfolio county court claim help!

                Hi

                Haven't filed defence yet! Was just about to file it but haven't been able to as MCOL keeps there is a technical error. What do I do as wont be able to contact court until after Monday due to bank holiday and defence has to be filed by 4pm Monday.

                thanks

                Comment


                • #23
                  Re: Hoist portfolio county court claim help!

                  bank holiday will allow 4.p.m. tuesday or use

                  or submit now:-



                  ccbcaq@hmcts.gsi.gov.uk

                  Comment


                  • #24
                    Re: Hoist portfolio county court claim help!

                    Thanks Mike just been panicking wasn't going to get it in in time! So I can email the defence to the above email address?

                    Comment


                    • #25
                      Re: Hoist portfolio county court claim help!

                      yes receipt should come automatically once submitted

                      - - - Updated - - -

                      has anybody on here seen your defence ? if not put copy here redacting personal details and account numbers>?

                      Comment


                      • #26
                        Re: Hoist portfolio county court claim help!

                        I posted it and nem said it looked good so I thought it was ready to go, but see a few posts up about adding something to the defence about annual statements but not sure if it applies here?

                        Comment


                        • #27
                          Re: Hoist portfolio county court claim help!

                          if advised mention it! then send off

                          Comment


                          • #28
                            Re: Hoist portfolio county court claim help!

                            Hi,

                            Have just received allocation to small claims track directions questionnaire in the post, dated on the last day they had to respond for a minute I thought they might have forgot but no such luck! Have not received anything else yet. So is it a case of just filling this in and sending it back and does this have to be sent recorded? and then what next?

                            thanks

                            Comment


                            • #29
                              Re: Hoist portfolio county court claim help!

                              Who has sent the DQ, the court, or Hoist?
                              CAVEAT LECTOR

                              This is only my opinion - "
                              Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb

                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.

                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment


                              • #30
                                Re: Hoist portfolio county court claim help!

                                The court

                                Comment

                                Announcement

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                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check your dates
                                Acknowledge a Claim
                                CCA Request Letter
                                CPR 31.14 Request Letter
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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