• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

** DISCONTINUED ** Hoist Portfolio Holding v Shinybee

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: Hoist Portfolio Holding v Shinybee

    If the Claimant is unauthorised they are committing a criminal offence by carrying on a regulated activity ( Debt collection (rights under a credit agreement)). Hoist Finance UK Ltd are regulated ( and Rob Way are appointed rep of Hoist Finance (UK) ) however Hoist Portfolio Holdings aren't.

    You can check authorisation here - > https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

    Regarding your request for documents and unless order query - did you send a further CCA or CPR 31.14 request after the claims were issued or just in the pre-action letter response?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #32
      Re: Hoist Portfolio Holding v Shinybee

      The problem I guess is, as PT said on another post; when using 'law' and I use that term to cover all aspects, in a defence, you need to be able to explain what the significance is if the case goes to trial and you are questioned on it.

      Comment


      • #33
        Re: Hoist Portfolio Holding v Shinybee

        Originally posted by Shinybee View Post
        Here is a summary of events so far:

        10/4/17 sent letter 1 to Robison,
        11/5/17 received Notice of Legal Pending Action from H Cohen
        21/05/17 sent Pre Action Conduct letter to H Cohen
        3/7/17 CCBC issued
        14/7/17 CPR18 Request for further info sent to H Cohen
        17/7/17 CCA request inc £1 sent to Hoist
        24/7/17 received letter from Robinson acknowledging agreement request and account put on "hold"
        31/7/17 defence sent
        20/8/17 DQ received.
        I can see that you've sent s 77-79 CCA Requests and Part 18 Questions but it appears you may not have sent a CPR 31.14 Request. Is that correct?

        Have you received your SAR response from Barclays yet because that may give you some idea whether the documentation exists if/when the Claimant asks them for it?

        You say that both these accounts were opened in 2013 so there's a possibility that the information may be available since that's fairly recent. Did you open them online?

        You were also unsure whether you had PPI on either/both of the accounts so that will become clear when you get the SAR information.

        I think you need to establish a few more facts before rushing in with an Application (or two) for an Unless Order.

        Di

        Comment


        • #34
          Re: Hoist Portfolio Holding v Shinybee

          Hi Shineybee

          Can I just check
          Your part 18 - was this just the same questions as I would advise on a CPR31.14 request - basically the documents mentioned in the POC?

          I ask because I notice you said you had sent letter 1 which is the M.O. of the discredited and defunct GOODF forum. They were the ones who also recommended using part 18 instead of CPR 31.14 however they were sadly misinformed (again) of the purposes of a part 18.

          I don't want to take away from what [MENTION=87380]Diana M[/MENTION] said

          I can see that you've sent s 77-79 CCA Requests and Part 18 Questions but it appears you may not have sent a CPR 31.14 Request. Is that correct?

          Have you received your SAR response from Barclays yet because that may give you some idea whether the documentation exists if/when the Claimant asks them for it?

          You say that both these accounts were opened in 2013 so there's a possibility that the information may be available since that's fairly recent. Did you open them online?

          You were also unsure whether you had PPI on either/both of the accounts so that will become clear when you get the SAR information.

          I think you need to establish a few more facts before rushing in with an Application (or two) for an Unless Order.

          Di

          Comment


          • #35
            Re: Hoist Portfolio Holding v Shinybee

            Ah thanks for clarifying that for me Amethyst. So if Hoist are not registered then they have no authority to do business with me, right? And could I have put that in my defence?

            Yes sent CCA but rather than sending CPR31.14 I sent CPR18 as I was following GOODF info at the time and they recommended that because claim was under 10k.

            Comment


            • #36
              Re: Hoist Portfolio Holding v Shinybee

              Yes Di correct, I sent CPR18 rather than the CPR31.14

              Ive sent a reminder To barclays for SAR, awaiting reply.

              Ok I won't rush the UO

              Thanks

              Comment


              • #37
                Re: Hoist Portfolio Holding v Shinybee

                Hi
                I am just thinking

                The DQ you received, was it sent by the claimants solicitor?
                Did you receive one from the court which you returned?


                Has your claim been allocated to a track yet? If not you could send a CPR

                If your answers are yes yes and no you could still get the cpr31.14 request sent off asap
                As for using the unlicensed bit in your defence , you have submitted your defence so unless you can amend it it may be very difficult to get it admitted in court. The the easiest way to amend your defence is if the claimant agrees or you have to pay and ask the court.

                As for putting the unlicensed to the court, well I have no idea how that needs to be done and exactly what case law or precedents you would use so I am not even going to go there

                As you have the two claims that is 16K , an awful lot of money and I know if it was one claim it would be fast track and costs would be involved

                Comment


                • #38
                  Re: Hoist Portfolio Holding v Shinybee

                  Hi warwick65, yep you were right, I was researching from GOODF before I thankfully found this site.

                  Yes
                  Yes

                  Ive been offered small claims mediation and received proposed allocation small claims track claim, but thats it.


                  This is the CpR18 letter I sent:

                  HOWARD COHEN AND CO
                  SUITE 1B
                  JOSEPH’S WELL
                  HANOVER WALK,
                  LEEDS
                  W. YORKS
                  LS3 1AB

                  xx7/17

                  Dear Sir/Madam,

                  Re: HOIST PORTFOLIO HOLDING LTD v XXXXXXXXX

                  CPR18 Request for further information.

                  On the xx July 2017, I received the Claim Form in this case issued by you out of the Northampton County Court, dated 3/7/17.
                  I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

                  Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

                  Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:

                  1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
                  2.The deed of assignment
                  3.The notice of assignment
                  4.The default warning letter
                  5.The default notice

                  6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £XXXX and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

                  7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would be request details of the Statutory Instrument under which you have brought proceedings.

                  You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.

                  Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

                  Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.

                  If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

                  If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

                  Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

                  Yours faithfully


                  Thank you for your attention warwick65.

                  Comment


                  • #39
                    Re: Hoist Portfolio Holding v Shinybee

                    Originally posted by Diana M View Post
                    I can see that you've sent s 77-79 CCA Requests and Part 18 Questions but it appears you may not have sent a CPR 31.14 Request. Is that correct?

                    Have you received your SAR response from Barclays yet because that may give you some idea whether the documentation exists if/when the Claimant asks them for it?

                    You say that both these accounts were opened in 2013 so there's a possibility that the information may be available since that's fairly recent. Did you open them online?

                    You were also unsure whether you had PPI on either/both of the accounts so that will become clear when you get the SAR information.

                    I think you need to establish a few more facts before rushing in with an Application (or two) for an Unless Order.

                    Di
                    Hi Di,

                    please could you elaborate on which facts you think I need to establish before I make Unless Order Application(s)?

                    Comment


                    • #40
                      Re: Hoist Portfolio Holding v Shinybee

                      Originally posted by warwick65 View Post
                      Hi
                      I am just thinking

                      The DQ you received, was it sent by the claimants solicitor?
                      Did you receive one from the court which you returned?


                      Has your claim been allocated to a track yet? If not you could send a CPR

                      If your answers are yes yes and no you could still get the cpr31.14 request sent off asap
                      As for using the unlicensed bit in your defence , you have submitted your defence so unless you can amend it it may be very difficult to get it admitted in court. The the easiest way to amend your defence is if the claimant agrees or you have to pay and ask the court.

                      As for putting the unlicensed to the court, well I have no idea how that needs to be done and exactly what case law or precedents you would use so I am not even going to go there

                      As you have the two claims that is 16K , an awful lot of money and I know if it was one claim it would be fast track and costs would be involved
                      Hi warwick65, have I screwed up big time by sending CPR18 rather than CPR31.14?

                      Comment


                      • #41
                        Re: Hoist Portfolio Holding v Shinybee

                        Hi,
                        Im not really sure what I am waiting for?
                        Should I contact mediation and inform them I have not received any documentation?
                        Is now good time to make applications for unless orders.
                        Feeling really alone with this right now : (

                        Comment


                        • #42
                          Re: Hoist Portfolio Holding v Shinybee

                          too early for a unless order

                          mediation will contact you and ask the question

                          slow down before you go jump into the abiss read other threads on the same subject and see the way it forms

                          Comment


                          • #43
                            Re: Hoist Portfolio Holding v Shinybee

                            I am not sure if I would say it was a big time screw up but if you have not received allocation to the Small claim track I would send a CPR31.14off asap.

                            As Mike says, it is far too early for an Unless order - if you read around you will see that some people have had problems with an unless order with things such as costs being awarded against them or the claimant actually lifting the stay and getting a judgement.

                            Comment


                            • #44
                              Re: Hoist Portfolio Holding v Shinybee

                              Originally posted by Shinybee View Post
                              Im not really sure what I am waiting for?
                              Should I contact mediation and inform them I have not received any documentation?
                              Is now good time to make applications for unless orders.
                              Feeling really alone with this right now : (
                              I've replied to your PM

                              You have no reason to feel alone.

                              Di

                              Comment


                              • #45
                                Re: Hoist Portfolio Holding v Shinybee

                                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."

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X