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

[FlamingParrot]

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?

You could sit and wait, however, there have been some recent cases where a claim had been stayed for months and then one day the claimants decided to apply to lift the stay, strike out the defence and obtain summary judgment, all without a hearing. :incourt:

The alternative would be to try for strike out, as a starting point you may want to look at this post: http://www.legalbeagles.info/forums/...139#post494139

[nemesis45]

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?

Ok How long has the stay been in place?
You can write to Hoist and/or their solicitors stating that you intend to apply for the claim to be struck out
within 7 days and you expect Hoist to pay the costa of the application. (£155.00)
Alternatively " invite " Hoist to withdraw the claim forthwith.

nem

[asdaq]

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

It has been stayed for more than a month.

[asdaq]

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

Have you got a draft copy for a letter to solicitors asking them to drop the case/ or inviting themt o withdraw claim forthwith?

All the help is much appreciated

[asdaq]

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

Hello there,

having written to hoist telling them my intentions of getting the claim struck out,i have Just got documents in the post from them which they claim to be the ...Original statement,Transaction summary,Default notice and Notice of assignment .

[Amethyst]

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

Any credit agreement ?

[asdaq]

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

what are my options?

[Amethyst]

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

Do you know now if it is a credit card or loan or bank account ?

[asdaq]

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

they have sent what they say is a "credit agreement "...yes

- - - Updated - - -

it says it's a flexible loan

[Amethyst]

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

Ok that is the important bit.

Cahoot flexiloan then? Are all the terms present ?

They also need to supply the terms as varied - the loan changed from Cahoot to Abbey and Abbey changed to Santander. Have they done that ? That's for compliance with your CCA request.

Any chance of scanning/photoing and uploading redacted copies ?

[asdaq]

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

any chance i can have an email to send them to? as i can only scan with my phone..am not sure about how to load onto the site..

many thanks

[Amethyst]

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

course - admin@legalbeagles.info

[asdaq]

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

just emailed the scanned copies...should i send through the transaction summary aswell?

[Amethyst]

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

Well they have certainly gone to town on supplying all the documents, very unusual, but conversely, that is how it should be.

Everything does look absolutely fine, and I can only suggest you consider entering into negotiation for settlement with Hoist, if you can try do a decent installment amount ( or indeed a full and final settlement) you may be able to get them to agree to put the court proceedings on hold while you make payment under a consent/tomlin order.

[asdaq]

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

What would be a decent monthly installment? Any suggestions would be much appreciated..& what if I can't afford it? What would happen?