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

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  • #31
    Re: Hoist Portfolio Court Claim. A little hand holding please!

    Originally posted by CharlieP View Post
    It's getting nearer the date so I guess I must file my defense. Could someone please run through it for me? Anything in bold I am unsure of.
    Many thanks in advance.

    Defence
    1: I received the claim C2AL376R from Northampton County Court on 17th March 2016.

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

    3: This claim appears to be for a Credit card agreement regulated under the Consumer Credit Act 1974.

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

    5. The particulars of claim fail to state when the agreement was entered into.

    6. The Claimants statement of case states that the account was assigned from From Bcard to MKDP and then to Hoist Portfolio Holding 2 Ltd.
    The Defendant does not recall receiving notice of this assignment. The claimant has not stated when the alleged assignment (s) took place.

    7. It is denied that BARCLAYCARD OR MKDP LLP served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    8: On the 17th March 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen & Co. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

    9. Howard Cohen & Co has not sent any of these documents to me.

    10. On the 17th March 2016 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section s78of the Consumer Credit Act 1974 along with the statutory £1 fee. ****This was returned to me and subsequently I sent the request & fee on to Howard Cohen who gave it to Robinson Way who banked it as a payment to the account despite it being endorsed Statutory fee only on the PO. I make this point to show the court the unethical conduct of the claimant and their solicitors.

    11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement

    12: 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 not responded. ***this isn’t quite right, please see the attached letter from RW saying that they will grant me a further 14 days. Shall I enter that here?*****Put in exactly what happened*****

    13. 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.

    14. 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.

    15. 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.

    16. 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 .................................................. ....
    Thanks, Charlie
    Hello Charlie see amendments and suggestions.

    nem

    Comment


    • #32
      Re: Hoist Portfolio Court Claim. A little hand holding please!

      Okay, you need to write to Howard Cohen and the Court with a copy of that letter from Robinson Way and tell the court you have agreed an extension of the maximum 28 days under CPR 15.5. And hold off filing your defence until the 28 days maximum extension is almost at an end. There is just no allowance in the CPR for a 'general extension'.

      So give them the 28 days, file the defence stating you agreed 28 days - something like,


      12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents by the maximum 28 days (as allowed under CPR 15.5) The Claimant agreed to an extension of 14 days after they had supplied the documents, however the CPR does not allow for such a general extension of time. The Claimant set the timescales when bringing this claim and I have allowed the Claimant a further 28 days to provide documents evidencing their claim which they have failed to do.

      and don't put this bit in - there;'s no need for it and it just gets backs up.

      I make this point to show the court the unethical conduct of the claimant and their solicitors.
      #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


      • #33
        Re: Hoist Portfolio Court Claim. A little hand holding please!

        Originally posted by Amethyst View Post
        Okay, you need to write to Howard Cohen and the Court with a copy of that letter from Robinson Way and tell the court you have agreed an extension of the maximum 28 days under CPR 15.5. And hold off filing your defence until the 28 days maximum extension is almost at an end. There is just no allowance in the CPR for a 'general extension'.

        So give them the 28 days, file the defence stating you agreed 28 days - something like,




        and don't put this bit in - there;'s no need for it and it just gets backs up.
        Have to totally disagree unless this type of abuse is not brought to the attention of the courts the debt purchasers will continue to go down this route.

        nem.

        Comment


        • #34
          Re: Hoist Portfolio Court Claim. A little hand holding please!

          Originally posted by nemesis45 View Post
          Have to totally disagree unless this type of abuse is not brought to the attention of the courts the debt purchasers will continue to go down this route.

          nem.
          I'd put the first part in
          This was returned to me and subsequently I sent the request & fee on to Howard Cohen who gave it to Robinson Way who banked it as a payment to the account despite it being endorsed Statutory fee only on the PO.
          but I'd leave off the second bit about ethics and conduct.
          #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


          • #35
            Re: Hoist Portfolio Court Claim. A little hand holding please!

            Originally posted by Amethyst View Post
            Okay, you need to write to Howard Cohen and the Court with a copy of that letter from Robinson Way and tell the court you have agreed an extension of the maximum 28 days under CPR 15.5. And hold off filing your defence until the 28 days maximum extension is almost at an end. There is just no allowance in the CPR for a 'general extension'.

            So give them the 28 days, file the defence stating you agreed 28 days - something like,
            Thanks Nem & Amethyst.

            Amethyst, forgive me for my dumbness but I don't understand. You said to write to the court and Cohens with a copy of the Robinson way letter saying that we agree to allow the 28 days extension and hold off filing the defense.

            I was going to file this defense today via MCOL to keep in line with the time. I thought if I don't file the defense today then it's too late and a judgment would be entered against. If I write to both the court and Cohens enclosing a copy of the R.Way letter it would be by snail mail and I would have missed the deadline wouldn't I?

            Comment


            • #36
              Re: Hoist Portfolio Court Claim. A little hand holding please!

              Email xx It's up to you but if you are going to mention the extension in your defence then it's difficult to say they have agreed but you're filing your defence anyway, so if you do file today ( as I agree their letter isn't particularly confidence inspiring ) then I would just leave out about the extension completely, so leave off para 12.
              #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


              • #37
                Re: Hoist Portfolio Court Claim. A little hand holding please!

                Originally posted by Amethyst View Post
                Email xx It's up to you but if you are going to mention the extension in your defence then it's difficult to say they have agreed but you're filing your defence anyway, so if you do file today ( as I agree their letter isn't particularly confidence inspiring ) then I would just leave out about the extension completely, so leave off para 12.
                OK thanks Amethyst, I'll leave out para 12.
                Now, do I don't I mention the unethical bit. I want to because as Nem say's it's disgusting behaviour but I have to selfishly look at our own position and don't want to put anyone's back up. Hmmm.....

                Comment


                • #38
                  Re: Hoist Portfolio Court Claim. A little hand holding please!

                  Originally posted by CharlieP View Post
                  OK thanks Amethyst, I'll leave out para 12.
                  Now, do I don't I mention the unethical bit. I want to because as Nem say's it's disgusting behaviour but I have to selfishly look at our own position and don't want to put anyone's back up. Hmmm.....
                  Hello Charlie,
                  You must decide what is best for you in the defence and stick to it.

                  nem

                  Comment


                  • #39
                    Re: Hoist Portfolio Court Claim. A little hand holding please!

                    Defence filed.
                    Thank you to Nemesis45 & Amethyst so far. We really would be at a loss without you and unbeknownst to you, you are saving us both from an enormous amount of worry and angst.

                    Comment


                    • #40
                      Re: Hoist Portfolio Court Claim. A little hand holding please!

                      Originally posted by CharlieP View Post
                      Defence filed.
                      Thank you to Nemesis45 & Amethyst so far. We really would be at a loss without you and unbeknownst to you, you are saving us both from an enormous amount of worry and angst.
                      Good luck Charlie, pleased to here we have helped.

                      Please keep us informed on developments.

                      nem

                      Comment


                      • #41
                        Re: Hoist Portfolio Court Claim. A little hand holding please!

                        @nemesis45

                        Argh I could kick myself. Just sitting here going through the correspondence between parties and have just noticed I put the wrong date on the formal complaint! What a doofus.
                        I have the Post Office signed for receipt showing I sent it on the 7th of April but the date I left on the complaint letter is 23rd March so it now reads as the attached.

                        What an idiot I am! This will probably give them an excuse not to respond within the 56 calendar day period. Any ideas on the best way to do?

                        Thanks as always
                        CharlieP
                        Attached Files

                        Comment


                        • #42
                          Re: Hoist Portfolio Court Claim. A little hand holding please!

                          Originally posted by CharlieP View Post
                          @nemesis45y

                          Argh I could kick myself. Just sitting here going through the correspondence between parties and have just noticed I put the wrong date on the formal complaint! What a doofus.
                          I have the Post Office signed for receipt showing I sent it on the 7th of April but the date I left on the complaint letter is 23rd March so it now reads as the attached.

                          What an idiot I am! This will probably give them an excuse not to respond within the 56 calendar day period. Any ideas on the best way to do?

                          Thanks as always
                          CharlieP
                          Hi Charlie.

                          I doubt that the error will matter so I wouldn't worry about it.

                          nem

                          Comment


                          • #43
                            Re: Hoist Portfolio Court Claim. A little hand holding please!

                            Phew, mild panic mode over. Thanks Nem
                            Charlie

                            Comment


                            • #44
                              Re: Hoist Portfolio Court Claim. A little hand holding please!

                              Today we checked with the court and have been informed that the case is Stayed due to no action from the Claimant within 33 days following our submission of defence.

                              All we are waiting on is the result to our Formal Complaint to RW who applied the Stat fee to the account as a payment despite the PO saying stat fee only on front and back.

                              Whilst we realise that a Stay isn't the end of everything, I would like to say a massive thank you to LB and in particular @nemesis45 who has been so helpful and saved us from many a sleepless night.
                              CharlieP

                              Comment


                              • #45
                                Re: Hoist Portfolio Court Claim. A little hand holding please!

                                Originally posted by CharlieP View Post
                                Today we checked with the court and have been informed that the case is Stayed due to no action from the Claimant within 33 days following our submission of defence.

                                All we are waiting on is the result to our Formal Complaint to RW who applied the Stat fee to the account as a payment despite the PO saying stat fee only on front and back.

                                Whilst we realise that a Stay isn't the end of everything, I would like to say a massive thank you to LB and in particular @nemesis45 who has been so helpful and saved us from many a sleepless night.
                                CharlieP
                                Hello Charlie,

                                Good news !! Now as you are aware the claimant could pay a fee and lift the claim at any point so you have choices:

                                1. Leave as is for a while to see if they do come back then>

                                2. Write to the claimant/solicitors giving them 7 days notice that you are applying to the court for the claim to be struck out at their cost.

                                3." Invite" Hoist to Discontinue the claim as it appears they have no prospect of being able to go forward.

                                RW is waste of space and probably haven't realised the claim is stayed.

                                Please do not hesitate to come straight back to us if anything crops up.

                                Your thanks are much appreciated Charlie!!

                                nem

                                Comment

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