pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I have received a notice of proposed allocation to small claims track regarding this debt. I have still not received anything from my CCA and CPR requests. Do I just agree to mediation here regardless of that or do I disagree because of this? Any advice is greatly appreciated.

[nemesis45]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I have received a notice of proposed allocation to small claims track regarding this debt. I have still not received anything from my CCA and CPR requests. Do I just agree to mediation here regardless of that or do I disagree because of this? Any advice is greatly appreciated.

Good morning,
Yes agree to mediation the courts expect the parties to a claim to attempt resolution with recourse to a hearing if possible.

nem

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

thanks for your help

[Diana M]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Looking at post # 30 I see you didn't plead that Hoist are currently unliscenced by the FCA

Di

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Hello, I am due to goto court over this on Wednesday. My intention is to go with all paperwork requests, proof of posting and state I have been unable to mediate this claim as Hoist have not provided me with any of the paperwork I have requested. Is there anything else I should do or be aware of? Any help is greatly appreciated.

[Diana M]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I am due to goto court over this on Wednesday. My intention is to go with all paperwork requests, proof of posting and state I have been unable to mediate this claim as Hoist have not provided me with any of the paperwork I have requested.

Reading back through your thread I can't see any mention of you filing a Witness Statement or being served with a WS and Exhibits by the Claimant.

Has that happened?

And if so, it may help to post up what documents the Claimant disclosed (if any).

Di

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

A witness statement from the claimants? I haven't received one if that's what you mean. I have received no paperwork from the claimant other than a letter returning my £1 fee that I sent for the CCA request stating the solicitor was dealing with it.

[Diana M]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

A witness statement from the claimants? I haven't received one if that's what you mean. I have received no paperwork from the claimant

Have you filed a Witness Statement at court and also served it on the Claimant's solicitors (Howard Cohen)?

I would call the court to see if Howard Cohen (solicitors for the Claimant) has filed a WS but not served a copy on you.

While you're at it check with the court to see if they've paid the Hearing Fee.

The deadline dates for all this would be included in the Directions which you would have received with your Notice of Hearing.

Di

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I have not filed a witness statement. I rang the court earlier to confirm the hearing was still due to take place and they confirmed it was, so I imagine they have paid the fee. The letter reads, ' Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing'. This means I should have sent the CCA request and the CPR to the court by now doesnt it? Do you still recommend I ring the court? Is there anything else I should be doing giving I havent filed a witness statement or provided documents I will need to rely on after the date the letter states? This is not going to end well considering this is it :/

[Diana M]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I have not filed a witness statement. I rang the court earlier to confirm the hearing was still due to take place and they confirmed it was, so I imagine they have paid the fee. The letter reads, ' Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing'.

. . . . Do you still recommend I ring the court? Is there anything else I should be doing giving I havent filed a witness statement or provided documents I will need to rely on after the date the letter states?

Ring the court again and check (a) has the Claimant filed a WS at court, and (b) has the Claimant paid the hearing fee (don't just "imagine" that they have).

As you say you should have filed and served your WS and evidence 14 days before the hearing so if you haven't done that yet you need to do it asap because you can't just pitch up in court on Wednesday and expect the DJ to consider your evidence in an ad hoc way.

The Claimant can also ask the court not to admit your evidence if they haven't been served with it (WS + Exhibits).

There may still be time to deal with this situation or at least hope the court will cut you some slack with your late filing since you are a LIP.

I would file a WS at court by 4 pm today if you can.

Ask one of the Beagles for help with that.

Di

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

http://www.legalbeagles.info/forums/...ness-Statement

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Ok i will, heres what I have so far
IN THE xxxxCOUNTY COURT

Claim No. xxx

BETWEEN:

Hoist Portfolio Holding 2 LTD

Claimant

- and –

Defendant

xxx
_________________________________
WITNESS STATEMENT OF xxx_________________________________

I xxxbeing the Defendant in this case will state as follows;


1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. On 01/08/2016 I made a written request to the Claimant solicitors, Howard Cohen and Co of 1b, Josephs Well, Hanover Walk,, Hanover Walk, Leeds LS3 1AB requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

3. On 01/08/2016 , I contacted the Claimants Hoist Portfolio Holding 2 LTD requesting the CCA from the allaged debt. [EXHIBIT B]

4: On 13/08/2016 I received a letter [EXHIBIT C] from the Claimants stating ‘We acknowledge receipt of your request under sections 77-79 of the Consumer Credit Act.
Your account is now with our client's solicitor Howard Cohen and Co and they have issued a County Court Claim against you.
As you have filed your defence in this matter, all documents will be requested by our clients solicitor Howard Cohen and Co as part of this process, therefore please find enclosed your £1 fee.’

5:

6:

7: Therefore I believe the claimant xxxxxxxxxxxx


Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Do I need to add anything for 5 and 6? What do I believe the claimant has done? Acted unlawfully in not providing me with the information? 'Has acted unlawfully in refusing to provide the requested documentation and has therefore rendered the debt uneforcable' Is that an adequate statement? I'm providing copies of all of these documents with this statement as well correct? Thanks for the help it is very much appreciated.

- - - Updated - - -

Also if they have filed a witness statement and not sent it to me what do I ask for then?

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Just spoken to the court they said as yet there is no witness statement from the claimant but the fee was paid in December. She said if I can get my witness statement to them as soon as possible they will do their best to get it on the system.

[Diana M]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Just spoken to the court they said as yet there is no witness statement from the claimant but the fee was paid in December. She said if I can get my witness statement to them as soon as possible they will do their best to get it on the system.

It's good to know that the Claimant hasn't filed a WS since the onus is on them to prove their claim. How can they do that if they don't provide any evidence to support it

Di

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Lets hope they cant. I have sent my witness statement and all documents to the court now, should I do the same to both the claimants solicitor and the claimant now? Thanks again for your help.