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** DISCONTINUED ** Hoist Portfolio Holding v Shinybee

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  • #46
    Re: Hoist Portfolio Holding v Shinybee

    Originally posted by Shinybee View Post
    Ok thank you... little overwhelmed at the moment ...

    I will send off CPR31.14 today -should i just omit the following paragraph as I've filed my defence already?:

    "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx."

    I replaced with:" To enable me to proceed with this case, I require inspection of documents you mention in your statement of case."

    Both cpr's sent off.

    Comment


    • #47
      Re: Hoist Portfolio Holding v Shinybee

      Originally posted by Diana M View Post
      I've replied to your PM

      You have no reason to feel alone.

      Di

      Thank you Di, I appreciate your words. Its reassuring to hear : )

      (btw i didn't realise i pm'd you)

      Comment


      • #48
        Re: Hoist Portfolio Holding v Shinybee

        Originally posted by Shinybee View Post
        Thank you Di, I appreciate your words. Its reassuring to hear : )

        (btw i didn't realise i pm'd you)
        You're absolutely right.

        The PM which I received/replied to was from another forum member with an uncannily similar username.

        We (Joanna Connolly Solicitors) are often approached for free professional legal help by LB forum members with court claims where ‘unenforceability ‘ may be a potential legal argument.

        From what I can see you have two £8k county court claims where the Claimanti is unlicensed or have I misunderstood your legal situation ?

        Di
        Last edited by Diana M; 3rd October 2017, 21:00:PM.

        Comment


        • #49
          Re: Hoist Portfolio Holding v Shinybee

          Originally posted by Diana M View Post
          You're absolutely right.

          The PM which I received/replied to was from another forum member with an uncannily similar username.

          We (Joanna Connolly Solicitors) are often approached for free professional legal help by LB forum members with court claims where ‘unenforceability ‘ may be a potential legal argument.

          From what I can see you have two £8k county court claims where the Claimanti is unlicensed or have I misunderstood your legal situation ?

          Di
          Yes Di correct, it appears so. Is this significant grounds for my favour?

          Comment


          • #50
            Re: Hoist Portfolio Holding v Shinybee

            Received SAR from Barclays today. Seems to include an application and lots of statemnets and memos of Hoist requesting info...

            Comment


            • #51
              Re: Hoist Portfolio Holding v Shinybee

              Hi,

              Can someone enlighten me how the SAR that I received can help me with this case please.

              Received a Notice of transfer of Proceedings today from mediation as I informed them os insufficient disclosure of docs. Now awaiting the Judges directions

              Comment


              • #52
                Re: Hoist Portfolio Holding v Shinybee

                Well it is what it may tell you that may be interesting.

                It should include notes of when letters were sent to you, when a DN was sent, when the account was sold, it may have a copy of the agreement , lots of little things that you can slide in at the last minute

                BUT to be honest I think it takes something of an expert eye to be fully able to read them, I had two very large envelopes of statements etc and what I think is relevant may not actually be relevant.

                Comment


                • #53
                  Re: Hoist Portfolio Holding v Shinybee

                  Originally posted by Shinybee View Post
                  Can someone enlighten me how the SAR that I received can help me with this case please.

                  Received a Notice of transfer of Proceedings today from mediation as I informed them os insufficient disclosure of docs. Now awaiting the Judges directions
                  You do not have one case you have two separate claims for two different credit card accounts (albeit both Barcaycard at the outset). The odds of your Defence to both claims being identical are remote.

                  I know I keep saying this but I don't think you're hearing me.

                  I can't predict what the Judge's Directions will say. He may/may not decide to combine the claims for reasons which I've mentioned before. Each claim is £8k (according to you) so combined that would be £16k in the Fast Track.

                  Either way you need to start to treat them as completely different claims needing a completely separate approach - because they do.

                  Di

                  Comment


                  • #54
                    Re: Hoist Portfolio Holding v Shinybee

                    Hi Di,
                    i do hear you and really appreciate your attention, but I'm stuck and not sure what to do now. The written defences I filed were identical because I had nothing from the Claiment for either claim, so basically that was is my defence for both.

                    So if I treat them as two separate claims is there anything you could suggest I should be doing now, as its such a lot of money I don't want to screw up. And I've got no idea how long I've got before the court date.... Feeling like a rabbit in head lights at the moment!

                    Thanks for your time and any input you have.

                    Comment


                    • #55
                      Re: Hoist Portfolio Holding v Shinybee

                      Originally posted by warwick65 View Post
                      Well it is what it may tell you that may be interesting.

                      It should include notes of when letters were sent to you, when a DN was sent, when the account was sold, it may have a copy of the agreement , lots of little things that you can slide in at the last minute

                      BUT to be honest I think it takes something of an expert eye to be fully able to read them, I had two very large envelopes of statements etc and what I think is relevant may not actually be relevant.
                      Thanks warwick65 for that. There's an application, is that considered the agreement? and there's mention of DN but I what I can do with that I don't know : (

                      ...there is also what's seems to be the requests from the claimant for info in there if I'm not mistaken

                      My head is fuzzy with cold at mo so I'll go through the SAR again and see anything jumps out that I think maybe helpful for me, but basically I was hoping that the non disclosure of documents from Claimant would be enough for the DJ to stay or strike out, but now it seems that maybe not the case, so now I don't know the way forward

                      Thanks again for your reply -I appreciate all the feedback that there is.

                      Comment


                      • #56
                        Re: Hoist Portfolio Holding v Shinybee

                        Originally posted by Shinybee View Post
                        basically I was hoping that the non disclosure of documents from Claimant would be enough for the DJ to stay or strike out
                        A debt claim is rarely stayed by the court once DQs have been filed. There would need to be a good reason.

                        Two DJs ordering a stay on two separate claims would be even more rare.

                        Courts like to get on with the proceedings.

                        Di

                        Comment


                        • #57
                          Re: Hoist Portfolio Holding v Shinybee

                          Originally posted by Diana M View Post
                          A debt claim is rarely stayed by the court once DQs have been filed. There would need to be a good reason.

                          Two DJs ordering a stay on two separate claims would be even more rare.

                          Courts like to get on with the proceedings.

                          Di
                          So are you saying it would have been better to have requested an Unless Order before the DQ? Or am I barking up the wrong tree altogether?

                          Di do have any suggestions that you don't mind sharing, from your experience, of what I could do at this stage? My whole direction in these matters were to go for an Unless order for a Stay or strike, but if thats not an optimistic option then I feel I'm up the creek and directionless : (

                          I know you are probably also trying to answer a lot of other peoples questions too, so I do appreciate any constructive orientation you can afford on me.

                          Comment


                          • #58
                            Re: Hoist Portfolio Holding v Shinybee

                            I am not going to try and second guess Di but this is serious stuff. Two different claims each for 8k but both with the same claimant.

                            I imagine they each need a different approach with different technicalities

                            It is too much money to take lightly, well it is for me anyway.

                            Comment


                            • #59
                              Re: Hoist Portfolio Holding v Shinybee

                              Originally posted by warwick65 View Post
                              I am not going to try and second guess Di but this is serious stuff. Two different claims each for 8k but both with the same claimant.

                              I imagine they each need a different approach with different technicalities

                              It is too much money to take lightly, well it is for me anyway.
                              Me too! I daren't think what the worse case scenario is.... I don't own a house, but am low incomed self employed with a business...

                              Comment


                              • #60
                                Re: Hoist Portfolio Holding v Shinybee

                                There is an obvious answer

                                Talk to a solicitor, see what they think and what it would cost. Solicitors often give free initial advice

                                Better to know now if you are on to a loser so you can make a repayment offer than get a ccj.

                                Or they might say you have a case and a few hundred quid now saves you 16000 overall.

                                Not saying you must do anything just look at your options.

                                Comment

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