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

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  • #76
    Re: Hoist Portfolio Court Claim. A little hand holding please!

    Originally posted by CharlieP View Post
    We have a hearing date despite it being stayed!:noidea:
    Hello Charlie,

    October hearing!

    OK check with the court in the morning to see if the stay has been lifted.
    The claimants decision is now is the hearing fee + all the costs worth while if they are chancing their arm with nothing to back up their claim.

    At least there is time to prepare your witness statement and get everything in order.

    nem

    Comment


    • #77
      Re: Hoist Portfolio Court Claim. A little hand holding please!

      You must make sure you comply with all Court orders though, dont be lulled into a false sense of security thinking the claim is still stayed
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #78
        Re: Hoist Portfolio Court Claim. A little hand holding please!

        Originally posted by nemesis45 View Post
        October hearing!
        nem
        Hello Nem,
        It's actually a November hearing, the claimant has to pay the hearing fee by 3rd October!

        This morning she rang the court to see if the stay has been lifted. It has, not because the claimant has paid a fee but 'thats what happens after the claim is allocated'. I still don't understand the purpose of a stay when it isn't!

        As pt2537 says, I will have make sure I comply with all the courts orders but could someone enlighten me to the following statement on the Allocation Letter (thread post #72)?

        Claimant to allow the other party to inspect the documents referred to in the defense on 7 days notice being given

        When would they mean? What notice do they refer to?

        Many thanks
        Charlie

        Comment


        • #79
          Re: Hoist Portfolio Court Claim. A little hand holding please!

          Write to the Claimant ( give notice) and ask to inspect documents referred to in your defence ( which will be the agreement, default notice and notice of assignment ) pursuant to the order dated 8 July 2016. They should provide you with these for inspection within 7 days.

          Inspection and copying of documents

          31.15 Where a party has a right to inspect a document– ( you do as per the order )

          (a) that party must give the party who disclosed the document written notice of his wish to inspect it;

          (b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

          (c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

          (Rule 31.3 and 31.14 deal with the right of a party to inspect a document)
          Do you want a hand with a letter?

          Also both claims have been consolidated - so that makes life easier and your notice should include docs for BOTH claims.
          #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


          • #80
            Re: Hoist Portfolio Court Claim. A little hand holding please!

            Many thanks [MENTION=6]Amethyst[/MENTION]
            Originally posted by Amethyst View Post

            Do you want a hand with a letter?
            Yes yes please! I'm useless at formal letters - resorting to copy/paste from sporadic areas of LB

            What happens if (when) they don't reply with the docs within the 7 days? Do i just put that in the witness statement? What if they reply in a months time outside of the 7 days notice?

            Also, is it better to wait until nearer the court date to give them less time to get their act together?

            Charlie

            Comment


            • #81
              Re: Hoist Portfolio Court Claim. A little hand holding please!

              Nope, do it now.... they have to respond within 7 days, and if they don't you can tell the court xxx

              Give me a bit then xxx
              #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


              • #82
                Re: Hoist Portfolio Court Claim. A little hand holding please!

                Sometimes, you just want to hug some people:o

                Comment


                • #83
                  Re: Hoist Portfolio Court Claim. A little hand holding please!

                  Ahh hang on a sec I forgot to amalgamate the claims !!! ( okay amended )

                  Okay something along these lines;


                  your name
                  your address

                  DATE

                  sols name
                  sols address


                  Dear solicitors name,

                  Ref: Hoist Portfolio v CharlieP - Claim No. XXXXXX
                  and
                  Ref: Hoist Portfolio v CharlieP - Claim No. XXXXXXX

                  Consolidated as Claim No. XXXXXX


                  Notice for Inspection of Documents

                  Pursuant to the order of District Judge xxxxxxxxxxxxxx dated 8th July 2016 I am giving notice that I require to inspect documents referred to in the defence/s being the;

                  1) Agreement/s
                  2) Notice of Assignment/s from the original creditor to MKDP LLP *** if they were both MKDP originally of course ***
                  3) Notice of Assignment/s from MKDP LLP to Hoist Portfolio xxxxxxx
                  3) Default Notice/s

                  In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs. These copies should be sent to myself as Defendant at the address at the top of this letter.

                  You should make the documents available to me within 7 days from service of this letter.

                  You should be aware that this request for inspection of documents relates to both claim numbers referred to above which the court has consolidated into a single Claim No XXXXX

                  Once you have provided the documents I will consider amending my defence and submit such within 14 days. Should you fail to allow inspection I will inform the court of such.

                  Kind regards


                  xxxxxxxxx
                  #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


                  • #84
                    Re: Hoist Portfolio Court Claim. A little hand holding please!

                    Brilliant, thank you so much [MENTION=6]Amethyst[/MENTION] xx

                    There is no consolidated number, we just checked with the courts so have amended accordingly. Yes they were both originally MKDP.

                    That's going off today 1st class signed for.

                    CharlieP (+ one other equally appreciative person)

                    Comment


                    • #85
                      Re: Hoist Portfolio Court Claim. A little hand holding please!

                      Ah okay, it should just run on with the two claims being heard/dealt with together then.

                      They have sent one of the agreements already I think? Barclaycard one. But they should still send it again.

                      If nothing after the 7 days we'll figure out informing the court, potentially an application, and if they just produce everything or some of it we'll have a look at amending the defence/s.
                      #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


                      • #86
                        Re: Hoist Portfolio Court Claim. A little hand holding please!

                        Originally posted by Amethyst View Post
                        They have sent one of the agreements already I think? Barclaycard one. But they should still send it again.
                        They have (thread post #53 &#54), or rather RobWay did after we complained about applying the £1 postal order as a payment to the account. However, that agreement was recon with the incorrect name and the date a good few months after the account was started according to Noddle.

                        Thanks
                        CharlieP

                        Comment


                        • #87
                          Re: Hoist Portfolio Court Claim. A little hand holding please!

                          [MENTION=6]Amethyst[/MENTION]

                          I sent #83 you so kindly did for us, to them dated 14th July, signed receipt on 15th. This means that the 7 days will be up this Thursday or Friday. I'm not really expecting to get anything back as they've ignored everything in the past.

                          We are going away for just over a week on Sunday - would it be wise to inform the court before or when we get back in the beginning of next month?

                          Many thanks,
                          CharlieP

                          Comment


                          • #88
                            Re: Hoist Portfolio Court Claim. A little hand holding please!

                            :bump:

                            Comment


                            • #89
                              Re: Hoist Portfolio Court Claim. A little hand holding please!

                              Originally posted by CharlieP View Post
                              :bump:
                              Ok,
                              Charlie sorry your post was missed yesterday.
                              Documents to be disclosed within seven day from notice as received 15th due on or before Friday 22nd July.

                              If not received by Sat.23rd e-mail the court telling the DJ's order has not been complied with.

                              nem

                              Comment


                              • #90
                                Re: Hoist Portfolio Court Claim. A little hand holding please!

                                Thanks as always [MENTION=55034]nemesis45[/MENTION]

                                I'll try and cobble something together to send to the judge by e-mail on Saturday. I wonder if I should suggest the case(s) be struck out within the letter as they have failed to do anything - only submitting their DQ because they were sanctioned to do so plus despite repeated requests failed to provide any proper docs.

                                Charlie

                                Comment

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