Howard Cohen solicitor/Hoist portfolio court proceedings

[Amethyst]

Thank you , and apologies in advance for the horrendous hold music you'll have to endure for half hour while on hold to the court but unfortunately as the court have paid no attention whatsoever to the facts of the case, that you're a litigant in person and they haven't even included the application there's not a lot of choice. Grrrrr.

[Amethyst]

Right, found someone who isn't as paranoid as me lol.... 'Substitution Order' - probably what SO means. Still check with court as they should have served you with the application with the order.

[Diamonddogs]

Haha... .yes I've called and confirmed it is indeed a substitution order. The operative didn't think I needed to do any, it's simply notification ? However he requested the courts send me a copy of the application and supporting evidence .

[Diamonddogs]

I still don't understand the line relating to 'a hearing is not appropriate

[Amethyst]

That's the court saying that they don't need a hearing of the application to substitute the claimant, they've just decided to let the substitution take place and inform you that it's done.

Hoist will need to formally assign the debt between Hoist Portfolio Holdings 2 and Hoist Finance UK Holding 2. As the Claimant needs to be the owner of the debt to have any cause of action.

Back in October I think you said they had sent you a copy of the notice of assignment? Have you got that - and is that assigning the debt to HPH2 or HFUKH2 ?

[Amethyst]

Haha... .yes I've called and confirmed it is indeed a substitution order. The operative didn't think I needed to do any, it's simply notification ? However he requested the courts send me a copy of the application and supporting evidence .

Ahh missed that. Yip that's good - you'd only need argue against it if you disagreed with the substitution. I don't think you do, as really overall it matters not, and simply causes them another problem and you a boost to your defence ( stat barred and assignment issues ). Bung a copy of the application up when you get it anyway. But no, you needn't do anything atm.

You've got a hearing date set ? Do you have an order for exchange of witness statements etc ?

[Diamonddogs]

the notice of assignment was HPH2. I seemed to have filed the hearing date somewhere safe, but it was definitely late January .I don't think I have had an order for an exchange of witness statements, only a box to tick as to whether I have any witnesses . I haven't sent any supporting evidence as yet, as I have been waiting for the mediation

[Diamonddogs]

28th January hearing date.

[Diamonddogs]

Oh... .. No! Just read supporting documents need to be submitted no later than 21 days prior . Best get on with that. Realistically though, I only have a letter to support why it was never paid. .. I know have the evidence to refer to the debt

[Amethyst]

Section 35 Limitation Act 1980 ( for discussion as I think this falls under 1(b) but worth looking at - it's one of those bits of legislation that simply sends my mind in circles so I THINK it makes no odds but I'm not SURE so just putting it out there ) R0b @pt2537

35. New claims in pending actions: rules of court.

(1)For the purposes of this Act, any new claim made in the course of any action shall be deemed to be a separate action and to have been commenced—

(a)in the case of a new claim made in or by way of third party proceedings, on the date on which those proceedings were commenced; and

(b)in the case of any other new claim, on the same date as the original action.

(2)In this section a new claim means any claim by way of set-off or counterclaim, and any claim involving either—

(a)the addition or substitution of a new cause of action; or

(b)the addition or substitution of a new party;

and “third party proceedings” means any proceedings brought in the course of any action by any party to the action against a person not previously a party to the action, other than proceedings brought by joining any such person as defendant to any claim already made in the original action by the party bringing the proceedings.

[Amethyst]

So Witness Statements and docs to send around 4/5 Jan. Yes good idea to prep them this side of Christmas. The docs part is more for the claimant in these cases unless you have anything that disapproves their case. Otherwise it's letters and replies and expanding on your defence.

They'll likely provide the assignment between HPH2 and HFUKH2 in their bundle but you've had no notice other than that court order so bring it up.

[Diamonddogs]

Only just picked this up... I apologise!.. .thank you for the advice. I filed a statement just before Christmas . Included correspondence between myself and the claimant/solicitor. I have nothing else. I listed everything as to why I previously didn't acknowledge the debt, the fact that I had no prior notification etc... Amongst a few other valid points which I hope will account for me organially defending the claim .

I also documented that i offered a settlement that was declined to the initial creditor. I settled other debts shown on my credit file at this time following sale of marital home.

I today received a letter from Howard Cohen.. . Stating they're keen to settle without need for court, attached an expenditure form. Yet to decide how to approach this.

[Amethyst]

Have they served their Witness Statement on you as yet ? or just the letter? Think WS's are due 5th Jan? so I'd wait till Monday really, see if they send one, if not check with the court if they have received the Claimant's WS and then consider what you want to do if you haven't received anything else.

Was your Witness Statement actually backing up your defence, or in essence an offer to settle ? You mentioned that it was statute barred in it?

[Diamonddogs]

The have sent me their witness statement yes. My letter was backing up my defence as to why I originally defended the debt claim, however I can now acknowledge the debt having now being in receipt of all the paperwork .I said that I did initially offer a settlement which was declined to the original creditors . I have not had any correspondence regarding this debt until now etc .

I explained my current financial circumstances and income and I was seeking advice from a debt charity. How I was awaiting mediation to discuss any offer of installments and as yet, mediation appointment has not come through. (I made no offer of figure at this stage )

My understanding from this forum was that it was not statute barred as they started court proceedings on June, and this was before the statute barred time of October. So I made no mention ofthis.

[Diamonddogs]

Hi there

Please could you advise of how to approach with my next move. My hearing date is nearing (28th Jan) I have to notify the court no later than 7 days, so this week of my intention to not attend (asking the judge to represent)

I received a letter from Howard Cohen, informing the client wishing to settle without the need for court action, including an expenditure form...this was sent 24th December received on 28th. My understanding is they had to pay court fees by 31st December to attend (I'm not clear on rules here but reads if they didn't make the payment they couldn't proceed)


Am I best to deal with it by writing to court and expressing my financial position again, offering an amount and asking them to do this on my behalf.

Or maybe acknowledging Howard Cohen with the offer, and complete expenditure form, Copy to court and same letter of request to judge to represent...?