Howard Cohen solicitor/Hoist portfolio court proceedings

[Amethyst]

If HC have paid the hearing fee then the court hearing will proceed. You can check whether they have with the court.

Then, If they have paid and you are satisfied they have provided all the relevant documents and are happy that you owe the debt you should discuss settlement out of court with HC/the claimant. If they sent you a settlement offer you want to accept you should ask them to agree to a consent order / Tomlin order if you don't want to get the CCJ. This would put the case on hold in the court while you make the agreed payments - if you default they can go back to court for judgment - but if you keep to your side then you pay off the debt without having a CCJ against you.

If you make the offer to the court it would be treated as an admission and offer to pay and a ccj would be awarded against you and a payment amount set by the court. If you discuss settling with HC and can't reach agreement then you can make an offer through court to set payments based on your IE sheet but would have the CCJ.

First check with court about hearing fee, then if appropriate discuss with HC - if the hearing is going to go ahead and you don't want to attend then yes you should inform court 7 days before and ask the Judge to to take your witness statement into account ( if your position has changed following receipt of the claimants witness statement then you can file a supplementary witness statement saying what your position is or responding to anything in their WS )

[Diamonddogs]

Amethyst, Thank you very much for explaining all that to me

[Diamonddogs]

Sorry to ask again its out of my depth. I don't think I've left myself a great deal of time now you've explained it all...

Does the IE sheet come after the hearing? I've not had anything regards my circumstances from the court yet so assumed that would be discussed at the hearing

[pt2537]

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.

dunno why but it didnt link me into your post Ame, i didnt get an notification.

Ill take a look over and see if i can add anything

[Amethyst]

Ahh thanks Paul, not sure why it didn't work ..,

this was the order - and the question is does a substitution order basically reset the limitations clock for s5 limitations act 1980 ( 6 years from default fell between issue of claim and substitution )

.............................


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.

[Amethyst]

pt2537

I can't have pressed enter after typing the mention before

[Diamonddogs]

I have contacted the court they have paid the hearing fee. I suppose now time is against me and lack of knowledge, I'll need to get a an offer and the expenditure form to HC? And likewise address the court with my intention of not to attend but I will have to get that in ASAP now.

[Amethyst]

Any chance you can do pics of the witness statement and documents they filed/served ?

What was HCs offer of settlement ?

[Diamonddogs]

Yes I can but it is 60 pages .. Not sure how I'd do that ? I can upload the witness statement is it OK to do so with the info that's on it

They didn't offer a settlement they have just sent me a letter requesting expenditure with an offer of repayment

[Amethyst]

Wow so they've provided a lot then - don't worry just want to check what they have provided - both sets of terms ( from inception and default ) - the original agreement ( recon of ) - default notice - notice of assignment - last statement?

Is there notice of assignment from original lender to Hoist Finance and then from Hoist Finance to Hoist Portfolio ?


Last acknowledgement was Oct 2012 and the claim is about £2500. Claim issued in July 2018. Substitution order Dec 2018.

[Diamonddogs]

Hi. .. Just to acknowledge I can't respond right now but will on return later

[Amethyst]

If you feel you want to settle, you would be best giving the claimant a call and discussing it with them - but tell them you want to discuss the case "without prejudice" with a view to settling out of court first -

you can go through your Income/Expenditure on the phone although they might want you to email them a copy.

[Diamonddogs]

Hi Amethyst. I think looking at the documents that everything you've mentioned corresponds with what they've sent.

Yes they sent the notice of assignment from hoist to hoist finance to hoist portfolio. They've included the original notice of assignment in their witness statement however I've never had a copy. It's the truth when I state I've never had anything until this from them. However trying to defend that is futile I can only use that as a reason its not been addressed before now, together with the fact I offered a settlement to the original lender in 2012.

I'm not trying to defend it as such now more trying to avoid a CCJ that's beyond my affordability, so I'm trying to understand how it all works so I can best approach it. I'd be in trouble if a judge ordered high installments.

I think I shall write/email HC as you say , with income/expenditure and a monthly installment offer. Then advise the court of my absence and maybe copy the offer? And await my fate... Can't see what else I can do

[Diamonddogs]

Amethyst

I received another letter from HC today . Stating

'its unlikely that we would get mediation before the hearing ........ We therefore invite you to submit an income and expenditure form with an offer of repayment so that we may take our clients instructions, with a view to reaching an agreement before the hearing'

Is this normal? Why go to this extent if they are going ahead with hearing. Is it to be deemed negotiable.?

[Amethyst]

It's always negotiable. I would get back in touch with Hoist with a copy of your IE sheet in front of you and an idea of what is going to be long term affordable and see how you get on, and try to get them to agree to accept installments under a consent order so that the CCJ isn't applied.

If it did go on to court, the court would also look at your IE sheet and see what it deems an appropriate installment amount. Quite often this is lower than what the claimant would accept for out of court settlement and the claimant's know this, hence trying to settle before court - also there may be further costs added at court which would only serve to increase the amount owed, and they would have to spend out to attend the hearing - so it's in their interests to settle before hand.