Hoist Portfolio v Andy77

[Andy77]

Re: Hoist Portfolio v Andy77

Have yiou sent a s.78 request under the Consumer Credit Act with a £1.00 fee for a true copy of your agreement? If you haven't then I suggest you send one tomorrow.

The default Notice is defective on service, the agreement is currently unenforceable. May be a good idea to to remove the documentation now from the public thread. I will ask @Kati

I did a CCA and CPR as per the links at the top of the page as soon as I received court papers back in August. They didn't send anything til Dec.

[Andy77]

Re: Hoist Portfolio v Andy77

Sorry about this, but it looks like they have sent me the terms and conditions, for some reason either me or the mrs had separated it out when having a look through it. We're still debating who's fault it is :colbert:

[Diana M]

Re: Hoist Portfolio v Andy77

it looks like they have sent me the terms and conditions

You need to remove those documents since your name and address is visible on the Ts & Cs.

Di

[pt2537]

Re: Hoist Portfolio v Andy77

Ive edited the post as you left your personal info on there. Id say that the documents produced here are the same as were produced in HFO v Wegmuller which i dealt with and which can be found on BAILII

[Andy77]

Re: Hoist Portfolio v Andy77

Id say that the documents produced here are the same as were produced in HFO v Wegmuller which i dealt with and which can be found on BAILII

Is that a good or bad thing?

[pt2537]

Re: Hoist Portfolio v Andy77

A good thing in my view. The agreement was full of errors and contradictions

Heres the judgment http://www.bailii.org/ew/cases/Misc/2012/19.html

[pt2537]

Re: Hoist Portfolio v Andy77

Its perhaps worth pointing out that we didnt get to the section 78 point as the signed agreement that was prduced didnt contain the prescribed terms and was declared unenforceable as a result, but the section 78 issues i raised were also equally robust and the terms you have are the exact same ones which were served in Wegmuler, right down to the cancellation box which itself has issues

[Joanna C]

Re: Hoist Portfolio v Andy77

The section 78 is outlined in the case of Carey V HSBC which was one of my cases while I was Head of Consumer Credit Litigation at MSB Solicitors . Paras 60 & 173 in particular. The link can be found here http://www.bailii.org/cgi-bin/format...+(v)+AND+(HSBC)

[Andy77]

Re: Hoist Portfolio v Andy77

A good thing in my view. The agreement was full of errors and contradictions

Heres the judgment http://www.bailii.org/ew/cases/Misc/2012/19.html

Thanks for the link. I've blacked out all the details on the applciation form. Without that its just about legible and I can't remember how I did the application back in 2003. The application form looks like it was filled out by a computer, so maybe it was done in a branch. Which seems strange because its one of those fold out forms. Maybe they also have those on the system to fill in.

But reading through that case you linked it talks about the terms and condtions not being with the form. I can't recall what I had when I did the application. But those terms and conditions on A4 I posted pics of must have been sent to me after the application as they contained my details already pre-printed on to them. The A3 photocopy of the terms and conditions leaflet I posted is a separate document to those A4 prints.

One other thing I thought I'd ask. The original court papers were filed Aug 22nd. I did my CCA and CPR requests and then I filed a defence when I didn't get what I requested. The claimant asked for an extension to get the information needed. Mediation got in touch with me at the beginning of Dec with a hearing date for March. It was after this that Hoist sent the information through, far more than the 28 days. Does this matter?

[pt2537]

Re: Hoist Portfolio v Andy77

Its perhaps worth pointing out that we didnt get to the section 78 point as the signed agreement that was prduced didnt contain the prescribed terms and was declared unenforceable as a result, but the section 78 issues i raised were also equally robust and the terms you have are the exact same ones which were served in Wegmuler, right down to the cancellation box which itself has issues

Im
at work at the minute but wil post up the points on the agreement when im at home (and not working)

[Diana M]

Re: Hoist Portfolio v Andy77

One other thing I thought I'd ask. The original court papers were filed Aug 22nd. I did my CCA and CPR requests and then I filed a defence when I didn't get what I requested. The claimant asked for an extension to get the information needed. Mediation got in touch with me at the beginning of Dec with a hearing date for March. It was after this that Hoist sent the information through, far more than the 28 days. Does this matter?

I may have answered that question in post # 24

I wouldn't write to the Claimant and their solicitor to say the claim is Statute Barred at this stage since your post implies you've not pleaded SB in your Defence.

Depending on what's revealed in those documents you've been sent, you may need to file an Amended Defence. They disclosed the documents you requested four months after the claim was issued and about three months after you filed your Defence which you had to do in order to comply with the court timetable.

If an Amended Defence is needed then you will need permission from the court unless the Claimant's solicitors are willing to consent to your Amended Defence being filed.

What is the Trial date in March and what is the date for filing Witness Statements? It's typically 14 days before the Trial but sometimes it's date specific.

Di

[Andy77]

Re: Hoist Portfolio v Andy77

Now I've got this paperwork its raised a lot of questions for me.

How do I approach the court date in a months time and what do I need to do with the witness statements they've sent me?

Does the fact they sent this information 3 months after the defence was filed, and well over the original 28 day extension make any difference?

Is it enforceable?

Do I need to amend my original defence?

[Diana M]

Re: Hoist Portfolio v Andy77

You've not pleaded Statute Barred in your original Defence. You believe this debt is SB.

Some issues can be dealt with in your Witness Statement, while introducing new legal arguments can't necessarily be raised that way.

Di

[Andy77]

Re: Hoist Portfolio v Andy77

You've not pleaded Statute Barred in your original Defence. You believe this debt is SB.

Some issues can be dealt with in your Witness Statement, while introducing new legal arguments can't necessarily be raised that way.

Di

No I didn't put SB in my defence because, as you rightly pointed out earlier, I couldn't as I had no details to look at for the account. Now they've sent me some paperwork I've seen nothing that indicates any acknowledgement or attempted payments since July 2010.

Really its what way to go now. Do I apply to amend the defence and what do I need to put in the witness statements for the hearing next month?

[Andy77]

Re: Hoist Portfolio v Andy77

The court hearing for this is the 13th March and I have to get the witness statements done 2 weeks before that so I've probabaly got less than 2 weeks now to get everything together

But to be honest I'm not sure what to do now in regards to filling in the witness statement or in regards to the claim potentially not being enforceable and also the possibility of having to amend my original defence.

Can anyone offer any help and guidance please based on the information provided and what I should do now. Thank you.
[MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION]