** discontinued ** Hoist Portfolio / Howard Cohen/ Newday

[Shenanigans]

Received a claim? Yes
Issue Date: 8 November 2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ~£450
Claimant’s Name: Hoist Portfolio
Solicitors Firm: Howard Cohen
Original Creditor: Newday
Original Debt (eg. Credit card/Loan/Overdraft) : Alleged payday loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ): CCA to claimant, CPR18 & CPR31.14 to Solicotors




Hi,


Hoping for a little help with this.


As above, CCA sent to claimant with fee, no response so far. CPR18 & CPR31.14 were sent to Howard Cohen along with a copy of the CCA. Today (the day I was about to submit defence) received letter from Howard Cohen:


"We are currently in the process of retrieving the documents you have requested.

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate."



Just want to check In understand correctly. Does this mean they've agreed to an unlimited extension, and I just have to forward this letter to the court and wait for the documents to arrive before submitting a defence?



thanks,

[pt2537]

Received a claim? Yes
Issue Date: 8 November 2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ~£450
Claimant’s Name: Hoist Portfolio
Solicitors Firm: Howard Cohen
Original Creditor: Newday
Original Debt (eg. Credit card/Loan/Overdraft) : Alleged payday loan
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ): CCA to claimant, CPR18 & CPR31.14 to Solicotors




Hi,


Hoping for a little help with this.


As above, CCA sent to claimant with fee, no response so far. CPR18 & CPR31.14 were sent to Howard Cohen along with a copy of the CCA. Today (the day I was about to submit defence) received letter from Howard Cohen:


"We are currently in the process of retrieving the documents you have requested.

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate."



Just want to check In understand correctly. Does this mean they've agreed to an unlimited extension, and I just have to forward this letter to the court and wait for the documents to arrive before submitting a defence?



thanks,

NO, you can only agree 28 days for the Defence , they cannot agree an open ended extension nor is it in your favor to do so. To put it another way, if someone said stand there, im going to punch you in the face, just need to to give me a little time to do it, would you stay put? No, the same thing here, if you give them the time then they will use it to get their house in order.

[Shenanigans]

NO, you can only agree 28 days for the Defence , they cannot agree an open ended extension nor is it in your favor to do so. To put it another way, if someone said stand there, im going to punch you in the face, just need to to give me a little time to do it, would you stay put? No, the same thing here, if you give them the time then they will use it to get their house in order.

Thanks for reply


So you're recommending to disregard this letter from them and to proceed submitting my defence as though they never responded?



I sent the standard CPR31.14 template from here which seems to imply that i'd agree to this.

[pt2537]

Have they given you an additional 28 days? you get 28 when the claim is issued, you can extend that to 56, has that happened?

If you look at CPR rule 15.5 it doesnt give an open end option, it says 28 days without the Courts permission, thats your lot.

So if you havent had 28 extra days, get on to Howard Cohen and get them to agree, not this indefinite shite but 28 days ie 4pm on xx xx 2018

Then write to the Court and advise them per CPR 15

If you can file a Defence do so, but im guessing you havent because youre still waiting for docs?

[Amethyst]

This is what's in the letter, maybe needs spelling out as they seem unable to read the CPR.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

The CPR

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[pt2537]

This is what's in the letter, maybe needs spelling out as they seem unable to read the CPR.


The CPR

oh no they know how to read it, they seem to have difficulties in conveying to the public that they understand it though

[pt2537]

oh no they know how to read it, they seem to have difficulties in conveying to the public that they understand it though

Ive just agreed an extension with them, however they appear to have one approach for legal professionals, and one for LIPS

[Shenanigans]

28 days from service is next Tuesday.

All I have had from Cohen is the letter as per my first post. That is the exact wording and entire contents excluding the introductory first line and personal details. The letter is dated 10 days ago (technically written within the 7 days I stated in the CPR31.14) but only arrived today so doesn't really give me any time to discuss further with Cohen.

[pt2537]

28 days from service is next Tuesday.

All I have had from Cohen is the letter as per my first post. That is the exact wording and entire contents excluding the introductory first line and personal details. The letter is dated 10 days ago (technically written within the 7 days I stated in the CPR31.14) but only arrived today so doesn't really give me any time to discuss further with Cohen.

Do you have their email address? if so, email them a short email spelling out what you need from them, its not hard for them to agree 28 days as they havent given you the documents you need.

[Shenanigans]

Do you have their email address? if so, email them a short email spelling out what you need from them, its not hard for them to agree 28 days as they havent given you the documents you need.

None of the letters they have sent to me list an email address. They're writing to me as Howard Cohen & Co, there only seems to be a website for Cohen Cramer at the same street address but different office. Some googling gives me the email info@howardcohen.co.uk but only from third party. I've also read (on here and other forums) that they don't accept correspondence via email but I guess you'd know more about that than me...



I can send and email as you suggested to that address now but I can only ideally wait 24 hours for a response as I'd like to have a day spare just in case the royal mail doesn't keep it's promise of next day guaranteed

[pt2537]

'contact@howard-cohen.co.uk' is the email i use

[Amethyst]

Dear xxxxxxxxxxxxxxx

Claim Number: XXXXXX - xxxxxxxxxxxxxv YOUR NAME

You will be aware that I have requested further information from you regarding your clients claim No XXXXX.

As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension in writing.

Considering the current deadline for submission is the xxxx xxxxxx 2014 I would appreciate a response by return.

Kind regards

XXXXXXXX

Just an old example from the guides section if that helps ( it's from 2014 but that CPR hasn't changed - Paul might have a fiercer version. ) I'd stick in there that they have replied indicating a general extension of time but that under the CPR specific agreement to the maximum 28 days is needed.

Btw, these 'case on hold while we get docs' letters are pretty common - unless they state specifically 'we agree pursuant to 15.5 to extension of 28 days' people do tend to just get their defences filed by the original deadline. There have been cases in the past where these general 'on hold' letters have led to defendant's not filing their defence and ending up with a default judgment because left arm and right arm at the claimant's end don't communicate. So if you don't get specific agreement to the CPR max extension just get your defence filed ( if you have a read of the example defence it is covered in there as you want costs for having to amend defence later due to their failure to allow more time ( which is only required because they didn't have their house in order when they issued )

Ooooo that's a bit of a ramble... sorry.

[Shenanigans]

I did email them as advised as above, but heard nothing back and still haven't by email or mail. No response to my CPR either.

Today I received the directions questionnaire, so I assume that means they are proceeding.

Regarding the DQ, a little confused, do I have to send them a copy as well or just the court?

thanks again,

[Amethyst]

Yes, receiving the DQ means they will be proceeding and have responded to the court to say so. You complete the DQ and return to the court, sending a copy to the claimant at the same time.

[Shenanigans]

Still no documents received from either solicitors or claimant in response to my CCA and CPR. Robinson Way have replied to the CCA I sent to Hoist Portfolio stating they're working on it.

Received DQ from Howard Cohen, they were open to mediation, which I declined as they've not sent me any documents so I still don't really know what this is for so am obviously not going to discuss any resolution. There's been no mention of the original creditor's details other than "Ex Newday" on the claim form which implies it is for a Burtons or Dorothy Perkins card. I did have a Burton's card many many years ago (10+) and it was paid off 10+ years ago witht he money I claimed back on the PPI.


Today I received the hearing date - end of April. Will check with the court if they pay the £55 hearing fee when the deadline has elapsed.


My understanding is that they should have responded to the CCA and CPR before proceeding - is that not correct?