Hoist Portfolio v Andy77

[pt2537]

Re: Hoist Portfolio v Andy77

Dont focus on purely the statute barred front, this is like putting all your eggs in one basket and something i dont like to do to be honest.

Are there any other issues? such as default notice issues? have you requested the agreement? if so what was sent etc. these are the t hings id be thinking about to be honest as you would always want to have a second argument if the stat barred fails

[Andy77]

Re: Hoist Portfolio v Andy77

1. Aug 22nd 2016 Court claim issued to me

2. Sept 2016 requests sent to claimant and solicitor for more information about the account, as per the templates on this site

3. Defence filed as per the advice on here as I had no information on the credit card at home

4. No response recieved from the DCA or their solicitor

5. Oct 2016 questionnaire recieved for the small claims track

6. Nov 2016 Completed questionairre sent off agreeing to mediation

7. Nov 2016 Mediation called me, once I told them I'd received none of the information I asked for from the DCA or their solicitor they said they'd refer it back to the court

8. Dec 2016 Court date set for March 2017

9. Dec 2016 Some information finally arrives from the DCA -
a signed application form from 2003
a statement from nov 2008
a statement from june 2010
a letter of default from 26th aug 2010 from Mercers DCA
a statement from 2011 that looks like a print out of the state of the account at the time, showing cash limit and credit limit as 0, but with an outstanding balance of approx £2900
a letter of assignment

There is nothing they've sent to me that shows any credits or activity or acknowledgemt since June 2010. I'll need to take a picture of the documents and get them uploaded later today or tomorrow.

[Andy77]

Re: Hoist Portfolio v Andy77

And one other thing to add is that Hoist sent a covering letter with the those documents in Dec thats reads:

"we confirm that our client will consider any reasonable offer to discharge the debt and now invite you to withdraw your defence"

[MIKE770]

Re: Hoist Portfolio v Andy77

begging letter

[Joanna C]

Re: Hoist Portfolio v Andy77

Dont focus on purely the statute barred front, this is like putting all your eggs in one basket and something i dont like to do to be honest.

Are there any other issues? such as default notice issues? have you requested the agreement? if so what was sent etc. these are the t hings id be thinking about to be honest as you would always want to have a second argument if the stat barred fails

What did you say in your defence? Did you refer to default notice, assignment credit agreement etc?

[Andy77]

Re: Hoist Portfolio v Andy77

What did you say in your defence? Did you refer to default notice, assignment credit agreement etc?

Yes. I had none of that information until they sent me these in Dec:

a signed application form from 2003
a statement from nov 2008
a statement from june 2010
a letter of default from 26th aug 2010 from Mercers DCA
a statement from 2011 that looks like a print out of the state of the account at the time, showing cash limit and credit limit as 0, but with an outstanding balance of approx £2900
a letter of assignment

[Joanna C]

Re: Hoist Portfolio v Andy77

Please post up the application form, letter of default and the letter of assignment and the statement showing last payment - making sure that you redact any personal information first?

[Andy77]

Re: Hoist Portfolio v Andy77

Please post up the application form, letter of default and the letter of assignment and the statement showing last payment - making sure that you redact any personal information first?

Yes I will try and do it later tonight. Thanks.

[Diana M]

Re: Hoist Portfolio v Andy77

I am going to write to the claimant and their solicitor as I believe this to be statute barred and ask them to discontinue the court claim.

Also I think I would need to update my defence to add the statute barred defence. How can I do this?

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

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.

13th March

[Diana M]

Re: Hoist Portfolio v Andy77

13th March

Is that the Trial date with WS due 14 days before?

Di

[Andy77]

Re: Hoist Portfolio v Andy77

Is that the Trial date with WS due 14 days before?

Di

Yes it is.

[Andy77]

Re: Hoist Portfolio v Andy77

[Andy77]

Re: Hoist Portfolio v Andy77

This is all the documentation received from them + one other statement from 2008 which I haven't included.

[Joanna C]

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 [MENTION=49370]Kati[/MENTION]