pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

[Amethyst]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Sounds like the correct decision of the Judge to adjourn it due to the WS and documents being late. I don't think [MENTION=87380]Diana M[/MENTION]; has seen you've posted the order so hopefully she'll pop and have a look today.

So they have sent you a copy of Carey and thus complied with the order from their side so now it is up to you to put your case.

The court accepts it is a recon agreement - have you posted a copy of that up on here ? you had concerns over the interest rate being incorrect so were disputing whether it was a true recon ? you probably could do with submitting a further witness statement setting out your case, which you can rely on at the hearing - would have to be with the other side and court 7 days prior.

[Diana M]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I have just received the order, it says,
Upon hearing for the claimant and defendant in person and upon being advised that the defendant received the claimants witness statement and documentation by post yesterday.
And upon being advised and noting that the defendant had been requesting the documentation since August 2016 and yesterday was the first time he received anything.
And upon being advised that the defendant didnt admit that he agreed to the terms in the reconstituted agreement although he admit he had a barclaycard.
And upon the claimant being unable to provide a copy of the case law relied upon the defendant.
And upon the defendant asking for an adjournment to take legal advice for the claimant to be prevented from relying on the evidence served in breach of the court order of xxx.
It is ordered that 1) the hearing is adjourned to xxx at xxx. 2) The claimant will send to the defendant copies of any case law it intends to rely on at the next hearing by xxx on xxx.

You say you've been sent a copy of the Carey v HSBC judgment. Unsurprisingly I've already got that so no need to post it up

It seems the DJ wants to focus on legal arguments at the next hearing. Can you tell me what is the date of that hearing and did the DJ reserve the case to herself?

The Claimant has disclosed new documents/evidence at the eleventh hour. You may need to file an Amended Defence as a result.

That would be your next step.

However you would need permission of the court to do that unless the other side's solicitors are willing to consent to it. It's a shame the DJ didn't put that (permission for you to file Amended Defence) in her Order, but I suppose that's because you didn't ask her for permission at the hearing.

Di

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I will put up a copy of the claimants WS. I cant prove the APR is different to the APR on the card without the SAR saying so but I havent received that yet and probably wont have it 7days before the trial (requested on the 8th feb hearing is on the 24th March so 17th March is when I need to submit by, 40days is the 20th). The APR on the T+Cs is different to that on the CCA. The CCA contains no credit limit. The date on the CCA and the T+Cs are about three years apart. There are numerous mistakes with dates within the WS and what is on the documents.

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Anyone had a chance to look at this? Is it worth contesting or should I try and settle outside of court? I am in no position to settle for the full amount. I have no assets and I am self employed so an attachment of earnings wont happen but I dont want a CCJ if I can help it. Given the claimant has already paid court costs and solicitor fees I dont imagine they would settle for <20%. If it goes to court and the Judge rules in there favour I get a CCJ if I cant pay the full amount in 30days dont I?

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Does the original date for when all Witness Statements and evidence need to be provided to the court stand for an adjourned case? Or because its been adjourned are all late submissions accepted? Does it depend on each individual Judge? If I havent included that the claimant are not registered with the FCA in my defence is putting it in a supplemented Witness Statement a waste of time? Is this Judge dependent?

[souffle]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Thanks for your comments on my thread, I'm keeping an eye on yours too!

Hoist Portfolio Holding 2 Ltd had their FCA registration cancelled, but there is a Hoist Finance that is:
https://register.fca.org.uk/ShPo_Fir...000001Hhl59AAB

Hoist Finance owns Robinson Way so they're definitely linked. No idea is HPH2 should have their own authorisation or are ok to work under Hoist Finances.

Good luck

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Should supplemental Witness Statements be set out any differently to regular Witness Statements? Im basically copying the template again but including the word Supplemental in the heading and writing 'Im providing this supplemental witness statement as a result of the claimant submitting their evidence after the court order stated it must be served' in my opening paragraph.

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I have decided to settle this out of court. Thanks for the help provided.

[nemesis45]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I have decided to settle this out of court. Thanks for the help provided.

Hi pm,

Good Luck!! What made you decide on this?

nem