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Hi,
First time posting here but I have used this forum a lot over the past few months for advise so thanks!
Last September Hoist Portfolio started court action against me for just under £13,000. I believe this debt is statute barred.
I was due in court 24th April.
The claimant was due to pay hearing fee by 5th April, they failed to pay and i received a letter from the court on the 13th April stating that the claim has been struck out.
Before I received the court letter stating the claim had been struck out the claimant solicitors (Howard Cohen) sent me a letter with the following.
Hoist Portfolio Holding 2 ltd V My name
Claim No. C******
Without Prejduice (save as to costs)
Upon Reviewing our file, we note that you made a payment offer of £20 per month to discharge the sums claimed. Our client is therefore prepared to accept repayment terms under a tomlin order which will avoid a judgement order being made against you.
It then states that i have to pay £100 for lodging this document with the court. A sealed consent order was attached to the letter asking me to sign and send back with the following schedule.
(1) The defendant do pay the claimant the sum of £12,951.18 in settlement of the claim by way of installments of £20 per month, to commence one month from date of the sealed consent order;
(2) In the event of default by the defendant in making any said payments by the agreed, the whole outstanding debt shall become immediately due and the claimant shall be at liberty to enter judgement for the balance outstanding at the date of default.
I have not agreed anything regarding this debt, i have recently agreed a payment plan for another debt with Hoist Portfolio Holding for £20 per month.
Please advise my next step if any?
Simon.
First time posting here but I have used this forum a lot over the past few months for advise so thanks!
Last September Hoist Portfolio started court action against me for just under £13,000. I believe this debt is statute barred.
I was due in court 24th April.
The claimant was due to pay hearing fee by 5th April, they failed to pay and i received a letter from the court on the 13th April stating that the claim has been struck out.
Before I received the court letter stating the claim had been struck out the claimant solicitors (Howard Cohen) sent me a letter with the following.
Hoist Portfolio Holding 2 ltd V My name
Claim No. C******
Without Prejduice (save as to costs)
Upon Reviewing our file, we note that you made a payment offer of £20 per month to discharge the sums claimed. Our client is therefore prepared to accept repayment terms under a tomlin order which will avoid a judgement order being made against you.
It then states that i have to pay £100 for lodging this document with the court. A sealed consent order was attached to the letter asking me to sign and send back with the following schedule.
(1) The defendant do pay the claimant the sum of £12,951.18 in settlement of the claim by way of installments of £20 per month, to commence one month from date of the sealed consent order;
(2) In the event of default by the defendant in making any said payments by the agreed, the whole outstanding debt shall become immediately due and the claimant shall be at liberty to enter judgement for the balance outstanding at the date of default.
I have not agreed anything regarding this debt, i have recently agreed a payment plan for another debt with Hoist Portfolio Holding for £20 per month.
Please advise my next step if any?
Simon.
) for only £20 per month against a £13k debt is unusual to say the least. At that rate it would take 54 years to pay it off!
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