Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

CCA request & CPR 31.14 Request were sent out on 24/06/15, claimants lawyers confirmed receipt on 30/06/15, claimant sent a statement of account dated (22/06/15) which only covers the court charges.
On 08/06/15 the clainmants solicitors agreed on phone to a 28 day extension but sent me a letter in an email as a "general extension of time" which letter I sent to the court on 09/06/15 & told the court we had agreed on a 28 day extension.the 28 days runout on 07/08/15.Has this affected my options?

[FlamingParrot]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

CCA request & CPR 31.14 Request were sent out on 24/06/15, claimants lawyers confirmed receipt on 30/06/15, claimant sent a statement of account dated (22/06/15) which only covers the court charges.
On 08/06/15 the clainmants solicitors agreed on phone to a 28 day extension but sent me a letter in an email as a "general extension of time" which letter I sent to the court on 09/06/15 & told the court we had agreed on a 28 day extension.the 28 days runout on 07/08/15.Has this affected my options?

Ah, I see, so your extension time is over now anyway so it's time to prepare a generic defence based around not supplying any documents. You will find examples here: http://www.legalbeagles.info/forums/...t-Court-Claims

No, the extension doesn't affect your options at all, in the example defence you'll find a paragraph that refers to the fact that, even after the extension, they still failed to supply you with any documents. It can only work against them.

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

Thanks.will keep you posted..

[FlamingParrot]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

Thanks.will keep you posted..

You may want to post up your defence before you submit it. :typing:

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

Where do i post it? in the "example defence" template you keep mentioning of (s77/s78)...Does one use either s77 or s78..or use both what do these acts say?where are they used?

[Amethyst]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

from the example defence....

''IMPORTANT


A Loan is a Fixed Sum Credit Agreement and falls under section 77 of the Consumer Credit Act.
A Credit Card or Catalogue account is a Running Credit Agreement and falls under section 78 of the Consumer Credit Act.

-----------------------------------------------------------------------------------------------''

s.77 is http://www.legislation.gov.uk/ukpga/1974/39/section/77 - click to next section for s.78 ( and so on)

If you aren't sure if it is a C/card or a Loan, then use both - s.77 and s.78

And its fine to post your draft up here, just leave out name/address/account number.

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE No: xxxxxxxxxxxx
BETWEEN:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CLAIMANT
- and -
xxxxxxxxxxxxxxxxx DEFENDANT

Defence

1: I received the claim xxxxxxxxxxx from the Northampton County Court on 09 June 2015.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim does not specify whether it is a (Credit Card / Loan / bank Account) agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimant’s statement of case states that the account was assigned from Santander UK to Hoist Portfolio Holding 2 Ltd but doesn’t specify when. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Santander UK served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 24/06/15 I sent request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. by recorded delivery. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Howard Cohen and Co. has not sent any of these documents to me.

10. On the 24/06/15 I sent a formal request by recorded delivery for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

13. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated............................................. ..... ....


-----------------------------------------------------------------------------------------------

[Amethyst]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

11. The Claimant has failed to comply with s77(1) / s78(1) Consumer Credit Act 1974 and by virtue of s77(4) / s78(6) Consumer Credit Act 1974 cannot enforce the agreement.


Other than that slight tidy up, I don't see there is much more you can say. xx

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

thanks alot..i'll keep you posted...sending it off...

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

where is the defence filled?
is it by email to the county court or moneyclaim website?

[FlamingParrot]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

where is the defence filled?
is it by email to the county court or moneyclaim website?

I'd try the MCOL site first, you should be able to file it online, only if for some reason that fails, then it can be sent by email. :typing:

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

Hello there,

I have got a letter from the court confirming that my defence was received and that it's been passed on to the claimant/claimant's lawyers..to try to resolve the dispute..If the dispute can't be resolved informally & the claimant wishes to proceed, they must contact the court in 28 days from receiving my defence or else, "the claim will be stayed"...do I just sit back & wait?

[FlamingParrot]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

Hello there,

I have got a letter from the court confirming that my defence was received and that it's been passed on to the claimant/claimant's lawyers..to try to resolve the dispute..If the dispute can't be resolved informally & the claimant wishes to proceed, they must contact the court in 28 days from receiving my defence or else, "the claim will be stayed"...do I just sit back & wait?

Hello asdaq

That's correct, just sit back and wait. :ranger: If they decide to proceed, you'll hear from the court, however, if they don't respond and the case is stayed, you won't hear anything. The 28 days run from when they receive your defence not when you filed it.

[nemesis45]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

Hello there,

I have got a letter from the court confirming that my defence was received and that it's been passed on to the claimant/claimant's lawyers..to try to resolve the dispute..If the dispute can't be resolved informally & the claimant wishes to proceed, they must contact the court in 28 days from receiving my defence or else, "the claim will be stayed"...do I just sit back & wait?

The claimant has 28 days to respond to your defence, If they don't the court will stay the claim without informing you so if you don't hear from the court by the end of the 28 days you need to phone the court to check if the claim is stayed.

nem

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

The court says that the case is stayed...what are my options at this point? Or do I sit back & wait indefinitely?