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**Discontinued** Hoist Portfolio Court Claim. A little hand holding please!

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  • Re: Hoist Portfolio Court Claim. A little hand holding please!

    Originally posted by Diana M View Post
    If there are no new court Directions to overtake the current Directions you should obey the original Order. The hearing (for one of the claims) may have been re-listed but nothing else changes unless the court explicitly says so.
    The original order states each party shall deliver to every other party and to the court all docs no later than 14 days before the hearing. Now one of the cases has been adjourned with a new hearing date, surely that must now be 14 days before the new hearing date?

    Just wondering

    Comment


    • Re: Hoist Portfolio Court Claim. A little hand holding please!

      We have just called the court again to see if the claimant ever paid for the hearing fee for the 16th November case. They haven't. We have been told that the claim number for the November hearing no longer exists and it has been merged with the January hearing. The trouble is that we have not had this in writing from the court, only verbally, so I have no choice but to reluctantly do a witness statement knowing it will be submitted super early for a January hearing.
      We have asked again for the court to confirm everything in writing but they seem very slow to respond, if at all.

      Are there any issues for submitting the WS so early?

      Comment


      • Re: Hoist Portfolio Court Claim. A little hand holding please!

        Originally posted by CharlieP View Post
        Are there any issues for submitting the WS so early?
        Yes, you may be showing your hand too early. This may allow the Claimant to 'react' to the content of your WS.

        Perhaps the reason the Claimant hasn't paid the hearing fee is because the hearing has been re-listed for January 2017.

        You need to get the court to confirm that both claims have been re-listed. Ask to speak to a manager next time you call.

        Di

        Comment


        • Re: Hoist Portfolio Court Claim. A little hand holding please!

          Originally posted by Diana M View Post
          Perhaps the reason the Claimant hasn't paid the hearing fee is because the hearing has been re-listed for January 2017.
          They hadn't bothered to pay by the previous deadline before the claims were moved. By rights the whole lot should have been removed at that point.

          Thanks Di, I'll get her to call again and insist on speaking to the manager asking for confirmation in writing immediately.

          Comment


          • Re: Hoist Portfolio Court Claim. A little hand holding please!

            Originally posted by CharlieP View Post
            The original order states each party shall deliver to every other party and to the court all docs no later than 14 days before the hearing. Now one of the cases has been adjourned with a new hearing date, surely that must now be 14 days before the new hearing date?
            I think you also need confirmation that both WS aren't due until 14 days before the new hearing date, and not the court relying on the Directions for the original hearing date.

            Di

            Comment


            • Re: Hoist Portfolio Court Claim. A little hand holding please!

              They've discontinued

              I instructed Joanna Connolly Solicitors to take over as it was getting way beyond our comfort zone. Joanna Connolly filed an amended defence and the claimant's sols finally came up with some documents just before the hearing date. It's like they withheld.

              It did go to a hearing, the claimant wanted an adjournment because of various things our sols had brought to light. We didn't but it was adjourned anyway because the allocated time of 2 hours wasn't long enough for the hearing in full. The claimant's rep was asked to bring a few docs to the next hearing requested by our sols and a new hearing date was suggested in April.

              Anyway, today they discontinued. All thanks to Joanna Connolly and her remarkable team.
              Last edited by CharlieP; 2nd March 2017, 13:40:PM.

              Comment


              • Re: Hoist Portfolio Court Claim. A little hand holding please!

                Originally posted by CharlieP View Post
                They've discontinued
                This has been almost a year of slow torture for you. The claim should never have be brought in the first place.

                Debt purchasers seem to rely on the statistic that about 87% of claims go undefended (straight to a CCJ/CO) and then when faced with a LIP they try to bamboozle them into submission.

                Anyway it's all over now *phew*

                Di

                Comment


                • Re: Hoist Portfolio Court Claim. A little hand holding please!

                  I'm pleased you are happy with the result. perhaps the title of the thread could be changed to say Won? [MENTION=49370]Kati[/MENTION]

                  Comment

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