Hoist Portfolio Holding 2 Ltd vs statue barred

[nethany]

Re: Hoist Portfolio Holding 2 Ltd vs statue barred

Hi Nemisis, Yes I did attempt Mediation but at the time the claimant had not sent me anything so there was nothing to go on.

Hearing for 30th Oct.
they sent me a document pack on their claim 6th Oct, I thought it was weird as never had anything before and last letter was around June/July.

[nemesis45]

Re: Hoist Portfolio Holding 2 Ltd vs statue barred

Hi Nemisis, Yes I did attempt Mediation but at the time the claimant had not sent me anything so there was nothing to go on.

Hearing for 30th Oct.
they sent me a document pack on their claim 6th Oct, I thought it was weird as never had anything before and last letter was around June/July.

Ok the failed mediation is the reason for the transfer to a local court, this is automatic if the mediation cannot take place.

No documents at all disclosed so far?
i.e. no agreement this renders the debt unenforceable until the agreement is produced.
Are you going with a " statute barred" defence + no agreement?

nem
nem

[nethany]

Re: Hoist Portfolio Holding 2 Ltd vs statue barred

Hi Nemisis

I received no information regarding the claim until the 6th Oct, when shortly after I created this thread. I didn't realise there was a court date and they were supplying me with the pre hearing information. It was not until i phoned the court today that I found out.

They have waited until the last possible minute to supply me with information, I am still going with SB defence. In the provided docs, they mention a £1 payment which they assume makes my defence null and void. My argument will be to say this was a statuary payment with regards to a CCA request and should not have been paid into the account.

Just this morning I have emailed the solicitors asking for agreement to postpone otherwise the court said I can apply direct to them, by them providing the evidence on the 6th Oct has left me with little time to go through paperwork streching back 6-7 years.

but many thanks for your help, really appreciate it. I understand that due to my own negligence I have missed the deadline to submit my defense

thanks

[FlamingParrot]

Re: Hoist Portfolio Holding 2 Ltd vs statue barred

I received no information regarding the claim until the 6th Oct, when shortly after I created this thread. I didn't realise there was a court date and they were supplying me with the pre hearing information. It was not until i phoned the court today that I found out.

I note above that you were going to draft your witness statement a week ago, did you submit it?

They have waited until the last possible minute to supply me with information, I am still going with SB defence. In the provided docs, they mention a £1 payment which they assume makes my defence null and void.

No it does not.

My argument will be to say this was a statuary payment with regards to a CCA request and should not have been paid into the account.

Exactly! :clap2: And you also have evidence that they did the same with the £10 SAR fee earlier that year. :grin:

Just this morning I have emailed the solicitors asking for agreement to postpone otherwise the court said I can apply direct to them, by them providing the evidence on the 6th Oct has left me with little time to go through paperwork streching back 6-7 years.

but many thanks for your help, really appreciate it. I understand that due to my own negligence I have missed the deadline to submit my defense

You did submit a defence, otherwise the case wouldn't have reached this stage. You must be referring to your witness statement with your evidence, didn't you submit that last week as discussed? Or was the deadline for that on the 6th? Were you aware of it at the time?

[nethany]

Re: Hoist Portfolio Holding 2 Ltd vs statue barred

I was waiting on the next step which I thought would be a letter from the court with dates! I am preparing my witness statement etc but just need a little more time to find some old letters and proof of posting.

My only defense based on having no information from the claiment was and only could have been SB.

Preparing my witness statement asap.

With regards to the court date, I am working away and as I run a small business cannot re-arrange my workload, should I just apply direct to court for an adjounrment ( form 244 i think?)

many thanks again.

[nethany]

Re: Hoist Portfolio Holding 2 Ltd vs statue barred

I was waiting on the next step which I thought would be a letter from the court with dates! I am preparing my witness statement etc but just need a little more time to find some old letters and proof of posting. the deadline for that was the 16th Oct.

My only defense based on having no information from the claiment was and only could have been SB.

Preparing my witness statement asap.

With regards to the court date, I am working away and as I run a small business cannot re-arrange my workload, should I just apply direct to court for an adjounrment ( form 244 i think?)

many thanks again.