Hoist Portfolio vs CF800

[CF800]

Re: Hoist Portfolio vs CF800

Can anybody point me in the right direction to an appropriate draft defence as I need to submit to the courts soon.

[Amethyst]

Re: Hoist Portfolio vs CF800

| Defence Example | is a good starting point

[Amethyst]

Re: Hoist Portfolio vs CF800

Question, if I try to strike a deal via the solicitor and it's rejected, will that then harm my defense?

Meaning If I then go down the route of asking for the documents will the judge look at it as, well, you wanted to settle two weeks ago and now you want to defend.

No, any negotiations on settlement should be made without prejudice ( which means they shouldn't be discussed in the court ).

[CF800]

Re: Hoist Portfolio vs CF800

Thank you Amethyst.

As this is an overdraft, do i leave out the s77/78 parts?

Does there have to be 16 points to all the defence?

[Amethyst]

Re: Hoist Portfolio vs CF800

No there can be as many points as suits, and yes leave out the CCA parts re the agreement - you should keep in the CPR request parts though - if you have a draft and post it we'll give you a hand refining/adding.

[CF800]

Re: Hoist Portfolio vs CF800

Hi Folks and happy Bank Holiday.

Here is my draft response. Any advice would be welcomed.

1. I received the claim XXXXXXX from the Northampton County Court on XXXXXXXX

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

3: This claim is for an overdraft facility 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 Claimants statement of case states that the account was assigned from MKDP LPP to Hoist Portfolio Holding 2 LTD and no date had been provided. The Defendant does not recall receiving notice of this assignment.

7. It is denied that MKDP LPP 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 XXXXXX I sent a request for inspection of the documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Agreement/overdraft facility confirmation, the terms and conditions from that date, the termination notice and Notice of Assignment.

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


10. 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. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11. 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.

12. 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.

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

[CF800]

Re: Hoist Portfolio vs CF800

Anybody around to look at this please?

[Wickerman14]

Re: Hoist Portfolio vs CF800

Anybody around to look at this please?

Hi I am in a similar position to yourself and have been reading through the posts, any idea why it has dried up?