Howard Cohen solicitor/Hoist portfolio court proceedings

[Amethyst]

Ok messed up merging threads

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  #25.5
  
  Diamonddogs commented
  Today, 11:29:AM
  
  
  Thank you. Last acknowledgement was October 2011. Except my correspondence regarding the latest contact but I have not acknowledged the debt yet.
  
  I've received Notice of assignment. Statements. Original signed CCA and all correspondence sent by Howard Cohen.
  
  This is the only contact I've had regarding this debt since October 2011. They filed an application for court in June 2018.
  
  Thank you for your help
  
  • Edit

  
  
  
  
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  #25.6
  
  Amethyst commented
  Today, 11:38:AM
  
  
  Did your defence state the debt was statute barred at all?

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[Amethyst]

Is this the only defence filed in court ?

When I filed my defence i wrote;

( I was also advised that I should have

received a 'Notice of assignment' when they took over the alleged

debt. If I had of received a 'Letter before action', I would have

at this point requested that HOIST PORTFOLIO send me the original credit agreement that this debt is relation to and the Deed/Notice

of assignment from whom it was legally assigned from.

I have now written to HOIST PORTFOLIO requesting the above

information.)

[Amethyst]

The debt is now just over 6 years old (October) but wouldn't have been when they made the initial court application.

This is the only contact I've had regarding this debt since October 2011. They filed an application for court in June 2018.

Are you absolutely certain the last comms was Oct 2011 not Oct 2012? Everything else in your thread seems to point at Oct 2012 so please can you double check that.

Then, if it was Oct 2011 and the documents Hoist provided don't show any payments/acknowledgement after that you can write to them thanking them for the documents and now you have the details of their claim you will be applying to the court to amend your defence to state the debt is statute barred, and will be request costs of the application be awarded to you, thus you invite them to withdraw/discontinue to save further costs.

[Diamonddogs]

I received a letter from Howard Cohen beginning of June 2018. I replied saying I have no knowledge of this debt . I didn't include this information in my letter but I opened a noddle account and saw that Hoist listed a bank account debt and account number this confused me as I had no bank account debt at that time the account number on the letter was also different, but it related to credit card debt.

So I requested a CCA. I received nothing back but court application on 18th June.

I was then offered mediation but couldn't fulfil the requirements as still have no paperwork.

Near end of July I revieved paperwork for directions question. Acknowledgement came for that in August.

I may have started the thread in August as I my knowledge on this is next to none and decided to seek to help.

[Amethyst]

saw that Hoist listed a bank account debt and account number this confused me as I had no bank account debt at that time the account number on the letter was also different, but it related to credit card debt.

Does it show a default date on your credit file ? ( in the text not the red/green dots bit)

[Diamonddogs]

I don't know whether to contact StepChange again now as I'm in a pickle financially and an unsupportive partner whom I'm currently having relationship issues with. However I am reluctant to mention this as this would seem too convenient. He operates the bank account as its his wages to that supports us. I can't prove I don't have the income other than its his wages being paid in. He will move them at that stage I'm sure but at the moment that's where the household bills operate from.

None of this is relevant where your advice is concerned I know but this is why I I'm trying to figure how best to handle this without being penalised too much.

[Diamonddogs]

They removed of my credit file. So I could no longer see the info. I can only assume its because it was incorrect information

[Amethyst]

Well, it seems, if the Oct 2011 date is right, that the claim was statute barred when they brought it against you, so that needs to be your defence.

SO you just need to check if the negotiations to settle your other debts WAS October 2011 or October 2012.

Then, if it was Oct 2011 and the documents Hoist provided don't show any payments/acknowledgement after that you can write to them thanking them for the documents and now you have the details of their claim you will be applying to the court to amend your defence to state the debt is statute barred, and will be request costs of the application be awarded to you, thus you invite them to withdraw/discontinue to save further costs.

Once this is sorted btw, get your own bank account. Are you getting Child Benefit etc?

[Diamonddogs]

Hi I took a screenshot . .. I forgot . Its date of default was 11 August 2012

[Diamonddogs]

Hi I seemed to have missed a fair few of your posts. I may have written the dates wrong. My head is all over. My last communication was October 2012 as that's when I settled my debts.

Yes I've only filed one defence in court

I do receive chb, I do have my own bank account but nothing other than a little allowance money goes into that account.

[Diamonddogs]

Hi , please can you advise on this letter as I am struggling to understand what it is asking me to do. It's a General form of judgment order N24 .

It is ordered that upon consideration of the application issued by Hoist.... ... By way of an application dated 3rd Dec 2018(the SO application) together with the witness statement (name of witness 3rd Dec filed in support of the SO application.

AND UPON the court considering that pursuant to CPR 23.8, a hearing is not appropriate

It is ordered that

1 pursuant to CPR 19.2(4) and rule 19.4(3) Hoist finance.. .. ."whole company name" be substituted as the claimant in the claim. .. ... ."Hoist Portfolio .. ....

2. That court shall serve a copy of this order on the parties.. ..

3.Of the SO application and supporting evidence

4.the requirement in CPR practice direction .. . As to filing a proposed amendment claim form and particulars of the claim be dispensed in respect of the SO application

5.there be no order of costs to this application.

Any party not served with the SO application giving rise to this order may, pursuant to CPR 23.10 apply to have this order set aside or varied. Any such application should be made within 7 days after the date on which this order was served on the person making the application.

( I am still awaiting a mediation appointment to come through, I have the email to acknowledge my acceptance the hearing is scheduled for January

Thank you

[Amethyst]

Does it just say SO application ? or is it strike out ? can't think of a second word if it were just substitution.

Other than that it is the claimant substituting the claimant - so changing it from Hoist Finance to Hoist Portfolio Finance etc

Did you receive a copy of the application at all ? Is that all it says on paragraph 3 ?

Actually, can you do a pic of the order and email it to me - admin@legalbeagles.info - please. It could be an application to substitute parties and strike out your defence - if so we will need to respond.

[Diamonddogs]

Thank you I'll email to you. I'm very grateful

[Amethyst]

Thank you. Was there a copy of the 'SO Application' with it or just that order? as paragraph 3 does seem to say that the order should be served with the application and supporting evidence.

If not, I would call the court and say you have received an order which says it should be served with a copy of an application and evidence however there was nothing served other than the order.

At least ask them what SO means on the order. I suspect they have also applied to strike out your defence ( as it was a little vague ) but let's see what the court say, then we can work out what you need to do. If it is a Strike Out then you will need to respond.

BTW in good news, a substitution of parties can be taken as a new claim and thus reset the clock... so you might be statute barred from that August 2012 date mentioned previously as default... and possibly the Oct 2012 offer to settle date.

[Diamonddogs]

There was nothing with this letter. No 'SO' The last correspondence was notifying me of the hearing but suggesting mediation, which I then contacted mediation to accept. I've heard nothing since. I shall contact the court as you suggest see what the SO is referring too.


I'll re post when I have an answer thanks again!