Hoist Portfoilio yet another Court Claim

[Crazylady]

Long story, short version....

similar Court claim received as Charlie P (23rd March 2016 post)

HPH2 LTD (Ex Barclaycard)

County Court Claim issued 19th May 2016, acknowledged receipt online.

usual CCA request sent to Hoist Portfoilio Holding 2 Ltd along with crossed PO for £1 and copy to Howard Cohen on 2nd June 2016.

PO returned by Robinson Way stating HC dealing with request and agreement to general extension of time, plus once dicuments are sent a further 14 days for me to respond to Claim Form.

I may be being a bit thick here (feel free to call me out on that).....

Do I need to do anything on MCOL at this stage?

This CC claim has come at a time where I'm dealing with the sudden death of an immediate family member so I've been away from home a LOT, but to-date I've only received the RW letter and no additional info from HC, and today's post has just been.

As always any information & advice gratefully welcomed!

[Kati]

Re: Hoist Portfoilio yet another Court Claim

I'll tag [MENTION=55034]nemesis45[/MENTION] for you

It looks like you've done everything right so far ... Acknowledge claim, CCA, CPR :thumb:

You have to keep an eye on timescales (33 days from issue for defence) unless you can tell the court in writing that you have an agreed extension (28 days max) with the claimant and provide proof of it (I'm unsure if the letter from RW would be enough :noidea

[nemesis45]

Re: Hoist Portfoilio yet another Court Claim

Hi,
Which company is named as the Claimant Hoist or RW?
The messing around with CCA request by RW needs tackling as well.
I think you should inform the court of the " extension" to avoid dirty tricks by RW and Cohen.

nem

[Crazylady]

Re: Hoist Portfoilio yet another Court Claim

Thanks, it's the timescale thing which concerns me as I don't want to get caught out by their delaying tactics.

[nemesis45]

Re: Hoist Portfoilio yet another Court Claim

Thanks, it's the timescale thing which concerns me as I don't want to get caught out by their delaying tactics.

As long as You stick to the court deadlines you're OK if Hoist et al foul up it's their problem.

nem

[Crazylady]

Re: Hoist Portfoilio yet another Court Claim

Claimant is Hoist which is why I sent PO & CCA request to them.

How do I notify the court of the so-called extension? And I was going to send the same letter to HC that someone posted on Charlie P 23/03/16 post regarding the delay following CCA request.

im quite good with letters, it's just the legal bits that get me bogged down.

thanks CL

[nemesis45]

Re: Hoist Portfoilio yet another Court Claim

Claimant is Hoist which is why I sent PO & CCA request to them.

How do I notify the court of the so-called extension? And I was going to send the same letter to HC that someone posted on Charlie P 23/03/16 post regarding the delay following CCA request.

im quite good with letters, it's just the legal bits that get me bogged down.

thanks CL

E-mail the court with a copy of RW's letter the extension .

I would suggest making a complaint to Najib Nathoo the CEO of RW regarding the manipulation of the CCA request to avoid the sanction of the debt becoming unenforceable due to non compliance with the CCA request, and copy it to the Financial Conduct Authority.

[pt2537]

Re: Hoist Portfoilio yet another Court Claim

Long story, short version....

similar Court claim received as Charlie P (23rd March 2016 post)

HPH2 LTD (Ex Barclaycard)

County Court Claim issued 19th May 2016, acknowledged receipt online.

usual CCA request sent to Hoist Portfoilio Holding 2 Ltd along with crossed PO for £1 and copy to Howard Cohen on 2nd June 2016.

PO returned by Robinson Way stating HC dealing with request and agreement to general extension of time, plus once dicuments are sent a further 14 days for me to respond to Claim Form.

I may be being a bit thick here (feel free to call me out on that).....

Do I need to do anything on MCOL at this stage?

This CC claim has come at a time where I'm dealing with the sudden death of an immediate family member so I've been away from home a LOT, but to-date I've only received the RW letter and no additional info from HC, and today's post has just been.

As always any information & advice gratefully welcomed!

Hi there

Under CPR rule 15.5 the parties may agree an extension of time for filing and serving the Defence, this must be done in writing and the Court must be notified once an agreement is reached.

Please do be careful as I have been involved with Hoist and HC solicitors on numerous litigations and they are not that helpful, they often suggest that they will place the account on hold til they get documents and this is not something the rules allow. CPR 15.5 is clear that you can only agree 28 days as an additional extension on top of the standard 28 days allowed.

What is the value of the Claim out of interest?

If its over £10k then your likely to be allocated to the fast track so may be able to force HCs hand to provide the documents you need etc.

[Crazylady]

Re: Hoist Portfoilio yet another Court Claim

Hi,

the he claim is for 2900 plus all the additional cc fees etc makes it £3900.

still no joy from Hoist, HC or RW and I have until July 4th to file a defence. The court has emailed me to confirm this today.

[Crazylady]

Re: Hoist Portfoilio yet another Court Claim

**** UPDATE ****

I filed my defence on time and today I have come home to a Notice of Proposed Allocation to Small Claims Track. To date I have yet to receive the CCA from Hoist, RC or HW.

I have until 30th August to complete the Questionnaire & return it to Northampton CC.

so how do I proceed?

1 - Am I able to file the form online (as with my defence) or must it be the hard copy which is returned.

2 - do I agreeing to the Small Claims Track?

3 - do I agree to mediation?

4 - as I work full-time am I able to specify a time for mediation, there's little to no privacy in my building and I really do not want the entire building knowing my business!

All additional pointers are much appreciated at this stage.

CL

[nemesis45]

Re: Hoist Portfoilio yet another Court Claim

[QUOTE=Crazylady;668938]**** UPDATE ****

I filed my defence on time and today I have come home to a Notice of Proposed Allocation to Small Claims Track. To date I have yet to receive the CCA from Hoist, RC or HW.

I have until 30th August to complete the Questionnaire & return it to Northampton CC.

so how do I proceed?

1 - Am I able to file the form online (as with my defence) or must it be the hard copy which is returned.

2 - do I agreeing to the Small Claims Track?

3 - do I agree to mediation?

4 - as I work full-time am I able to specify a time for mediation, there's little to no privacy in my building and I really do not want the entire building knowing my business!

All additional pointers are much appreciated at this stage.

Hard copy to the court and claimants solicitors by signed for post is best.

2. Yes

3 Yes the court expects the parties to a claim to attempt resolution without recourse to a hearing. But mediation will not go forward if you don't have all the documents needed to properly take part.

It would be best not to have the appointment in your workplace. So I believe the times for such appointments is between 1000hrs and 1600 hrs Monday - Friday.


nem

[Crazylady]

Re: Hoist Portfoilio yet another Court Claim

Once again thank you for your assistance :stars:

[nemesis45]

Re: Hoist Portfoilio yet another Court Claim

Once again thank you for your assistance :stars:

Always happy to help!!

nem