Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

[Confusedbyitall]

I so wish I had seen the other threads, and now I think I have done everything wrong Got a court form from the above on the 19th February from Claimants Hoist. Never heard of them. They were claiming for a debt assigned by Santander for a credit card which is in arrears by 7.5k, they are claiming the associated costs etc. I filed an acknowledgement of service, informing them I did not know anything about it. This has been going on since I had a default against my name in 2010. I did not take out a credit card, and got a crime number, heard nothing further until this came through my door.<br><br>i contact the solicitors and again ask for documentation to which they responded on the 5th March, they were retrieving the documents and give me a general extension of time. I sent this letter to the courts again stating my defence is Woolley as I have no information and asked for proof. Nothing back from solicitors so sent another letter 24th April informing them that if I don't receive the documentation within 14 days I would ask the court to strike out the claim. We I did not hear anything so I have done just that I filled out the order paid my money and sent it back. This was a couple do days ago. Now my question is have I done the right thing?

[Confusedbyitall]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Thought I would give an update, I got a order back from court a directions order stating that my application will be heard in my county court. Got a letter giving me a date in July. I have checked my credit report and it now states the debt has been settled, even though I have not settled it. I have heard nothing from Hoist or Cohen solicitors. Any advice on what I need to do next, please help me

[nemesis45]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Thought I would give an update, I got a order back from court a directions order stating that my application will be heard in my county court. Got a letter giving me a date in July. I have checked my credit report and it now states the debt has been settled, even though I have not settled it. I have heard nothing from Hoist or Cohen solicitors. Any advice on what I need to do next, please help me

Hi responding to your PM, just going to read through the thread.
nem

[nemesis45]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Thought I would give an update, I got a order back from court a directions order stating that my application will be heard in my county court. Got a letter giving me a date in July. I have checked my credit report and it now states the debt has been settled, even though I have not settled it. I have heard nothing from Hoist or Cohen solicitors. Any advice on what I need to do next, please help me

Ok the " settled" entry arises because Hoist has bought the debt and paid the original creditor.

This is the application to strike out I presume?
You have all your evidence, you never had such a card, Hoist has
not provided any proof of its claim.
Hopefully this is now straight forward.

So Collate all your evidence post it here and we can sort out the wording
of the application for you.

nem

[Confusedbyitall]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Thank you so much Nem, my application was accepted by the court, they sent me a general directions Order back stating that the application must be heard on notice to the claimant and to transfer to my home court. I have got my court date today for 7th July. I read it that this is in response to my strike out the claim. I have heard nothing from their solicitors at all.

In relation to the claim being settled, it was settled in February after they put me in court, so I don't understand this. I had not heard of Hoist until the court claim form came though.

i have not had a default notice served on me, and the solicitors have not sent me anything, ( they won't have anything anyway) as I never took out the card, and this was reported to the police in 2009.

what do I prepare for court considering I don't have any paperwork, and what happens at these hearings.

i cannot thank you enough for helping me.

[nemesis45]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Ok, It is often the case with Hoist that credit file up dates on purchased debts are made
quite sometime after the debts are acquired.
Has Hoist been informed of the application?
It would be a good idea to check with the court
on Monday, Hoist have in the past advised it will
not appear on set aside apps.

Your defence is that you have never been a customer of the original creditor and have never
made any application to them in regard to any credit services.
We can beef this up after you have checked with the court.

nem

[Confusedbyitall]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Thank you Nem will check with the court on Monday, Hoist have been notified.

my argument first of all is that I never took out this debt in the first instance and have a crime number. I have been doing some digging. Santander was legally assigned this debt and they issued a default notice, this has since been replaced on my credit file as being satisfied.

the next question I will raise is what association has Hoist got to Santander, have they bought this debt off Santander? If so where is the deed of assignment ? I should have been notified under Section 136, Law of Property Act 1925 which specifies that the third party meaning me must be advised by a Notice of Assignment. If they say they are acting on behalf of Santander then they have put Settled on my credit file.

I have asked them (the solicitors) previously to prove the debt, but they have never sent me anything.

hoist Portfolio Holding 2 Limited is not a registered company, they are not members of the Credit Services Association, neither are they members of the Financial Conduct Authority.

they have put they are claimants in the case, but I have never heard of them until the claim form came through.

They cannot prove their case, this is unlawful surely?

i will update you further Monday, after speaking to the court.

thank you so much again!

[Confusedbyitall]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Thought I would give an update, contacted court today, the hearing is for the case to be struck out.mHoist or Cohen have not submitted any further documentation for this case.

so I will be going to court to put my reasons why it should be thrown out.

[Debt Camel]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Hoist Finance is the parent company of Robinson Way http://www.robinson-way.com/.

Howard Cohen is a solicitor that acts for Robinson Way http://www.legalbeagles.info/forums/...p-howard-cohen

[nemesis45]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Thought I would give an update, contacted court today, the hearing is for the case to be struck out.mHoist or Cohen have not submitted any further documentation for this case.

so I will be going to court to put my reasons why it should be thrown out.

Not declared an intention to attend?

nem

- - - Updated - - -

Thought I would give an update, contacted court today, the hearing is for the case to be struck out.mHoist or Cohen have not submitted any further documentation for this case.

so I will be going to court to put my reasons why it should be thrown out.

No declared an intention to attend?

nem

- - - Updated - - -

Thought I would give an update, contacted court today, the hearing is for the case to be struck out.mHoist or Cohen have not submitted any further documentation for this case.

so I will be going to court to put my reasons why it should be thrown out.

No declared an intention to attend?

nem

[Confusedbyitall]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

Hi Nem the court have not had any correspondence from them at all. They have, as of today not given any indication whether they will be in attendance. I have to ring the court the day before the hearing to make sure it is still listed for the date of hearing, so will ask the question again, to see if they have corresponded.

- - - Updated - - -

When I have looked up Hoist on companies house it states there is no further associated companies.

[Debt Camel]

Re: Taken to court by Hoist Portfolio 2 Limited, Howard Cohan solicitors

When I have looked up Hoist on companies house it states there is no further associated companies.

Hoist Finance is a German company not a British one