** discontinued ** Court claim from Hoist Portfolio Holding 2

[pscomp]

Hi everyone,

I have received a County court claim form from Hoist Portfolio Holding 2 for a debt they have purchased for a credit card from 2004

I'm about to send the CPA Request and CPR Request letters off as explained in the guide.

Any further guidance would be grafefully appreciated

Thanks

Peter

[MIKE770]

Check dates
Acknowledge Claim
CCA Request
CPR 31.14
Request Subject Access Request Letter always a good move but to originator no charge

[pscomp]

Check dates
Acknowledge Claim
CCA Request
CPR 31.14
Request Subject Access Request Letter always a good move but to originator no charge

I have requested the CCA and CPR but had no reply.

I will send the subject access request letter and I have until 9th July to submit my defence

[MIKE770]

Example Defence

if your request is out standing up to the day before need to submit i.e. by 4 p,.m working day then state the date of request in the defence and state no response received, but later in proceedings they will have to supply NOte:-

[MIKE770]

@ des8

[pscomp]

Example Defence

if your request is out standing up to the day before need to submit i.e. by 4 p,.m working day then state the date of request in the defence and state no response received, but later in proceedings they will have to supply NOte:-

Thanks fir the reply,

Today I have received a letter from the Claimant's Solicitor saying:

We acknowledge receipt of your letter dated made under C.P.R. 31.14 for documentation mentioned in our particulars claim.

We are currently in the progress of retrieving the documents requested.

Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.


Does this extension of time mean i have a further 14 days on top of the 28 days from receiving the Claim?

Thanks

[jaguarsuk]

Thanks fir the reply,

Today I have received a letter from the Claimant's Solicitor saying:

We acknowledge receipt of your letter dated made under C.P.R. 31.14 for documentation mentioned in our particulars claim.

We are currently in the progress of retrieving the documents requested.

Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.


Does this extension of time mean i have a further 14 days on top of the 28 days from receiving the Claim?

Thanks

No 28 days on top of the 28 days, 14 on top of the 28 days plus a further 14 to consider your position legally once they have availed you with the documents requested.

You need to inform the court that they have agreed to an extension and enclose a copy of their letter as proof.

[pscomp]

No 28 days on top of the 28 days, 14 on top of the 28 days plus a further 14 to consider your position legally once they have availed you with the documents requested.

You need to inform the court that they have agreed to an extension and enclose a copy of their letter as proof.

Sorry to sound stupid but this is my first time doing anything like this.

How do I inform the court? via post or via the web page I acknowledged the claim through?

Thanks

[jaguarsuk]

You can either email them or write them a letter.

Assuming that it is the County Court Business Centre in Northampton that issued the claim, here are details of contacts: https://courttribunalfinder.service....ss-centre-ccbc

If you email use the "Claim responses & directions" address.

Don't forget to include a scan/photo of the letter from the claimant.

[pscomp]

You can either email them or write them a letter.

Assuming that it is the County Court Business Centre in Northampton that issued the claim, here are details of contacts: https://courttribunalfinder.service....ss-centre-ccbc

If you email use the "Claim responses & directions" address.

Don't forget to include a scan/photo of the letter from the claimant.

So to get my dates correct, the date on the claim form is 6th June and adding 33 days to that is 9th July.

I emailed the court and attached a copy of the letter saying the client had granted a 28 day extension so I'm guessing my defence will need to be in by Monday 6th August?

So far I haven't received anything back other than the letter from the claimants Solicitor granting the 28 days.

Thanks

[jaguarsuk]

Yeah, 4pm on Monday 6th August 2018

[pscomp]

Yeah, 4pm on Monday 6th August 2018

A quick update on my case.

I've had nothing back from the CCA Request or Subject Access request from the Claimant.

I've had no paperwork back other than the general extension of time from the Claimant's Solicitor.

Should I now be looking at getting my Defence letter together now?

Cheers

[jaguarsuk]

A quick update on my case.

I've had nothing back from the CCA Request or Subject Access request from the Claimant.

I've had no paperwork back other than the general extension of time from the Claimant's Solicitor.

Should I now be looking at getting my Defence letter together now?

Cheers

There's no harm in getting a version of the Example Defence together, but they have until Monday to provide you with documents.

Even if they do not provide them, then you have until 6th August to file due to them allowing the 28 day extension.

If this were being handled by a professional (no offence intended) then if nothing was forthcoming by Monday then on Tuesday they would file an application to strike out the claim as an abuse of process, however that carries a risk of costs being awarded to the claimant from the defendant if they were to come up with the goods between filing the application and the hearing of it, although the application should be made as a "without hearing" application the court may decide one is needed.

It would be wise if they don't come up with anything before Monday to promptly on Tuesday file the example defence and then send them a copy of that defence with a cover letter confirming you have filed due to them missing they deadline and inviting them to discontinue.

[pscomp]

There's no harm in getting a version of the Example Defence together, but they have until Monday to provide you with documents.

Even if they do not provide them, then you have until 6th August to file due to them allowing the 28 day extension.

If this were being handled by a professional (no offence intended) then if nothing was forthcoming by Monday then on Tuesday they would file an application to strike out the claim as an abuse of process, however that carries a risk of costs being awarded to the claimant from the defendant if they were to come up with the goods between filing the application and the hearing of it, although the application should be made as a "without hearing" application the court may decide one is needed.

It would be wise if they don't come up with anything before Monday to promptly on Tuesday file the example defence and then send them a copy of that defence with a cover letter confirming you have filed due to them missing they deadline and inviting them to discontinue.

Thanks for the reply.

I'm struggling to get my head around the example defence letter.

I'm 7 days into a hip replacement and the pain killers make things 10 times harder!!

Should this be admitted or denied?

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

Any further advice to make it look a bit easier would be great.

Thanks

[MIKE770]

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JAGUARSUK
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