Hoist/Howard Cohen

[Amethyst]

Aye, Just that you've said in your application draft

The Claimant states that the Agreement was entered into in 1996

and

The claim makes no reference to the date the agreement was taken out or terminated

Sorry was my clumsy way of pointing that out - where does the claimant states it was entered into in 1996? in a letter from Hoist, the Witness Statement ? etc

[pt2537]

I meanrt that its impossible that these T&Cs were in effect at inception; Hoist claim cointract dates from 1996 but T&Cs mention a date of 2010. Ive never had an Egg card and never signed any agreements in 2010.
Also if the original contract/agreement dates from 1996, as Hoist allude, why would i have signed another agreement 14 years later? It makes no sense... the only logical explanation is that the T&Cs theyre relying on werent in existence in 1996 when they claim the agreement was signed, ergo in breach of s78 CCA.

indeed, and has you been served with the application for summary judgment you would surely had raised this point thus they wouldnt have got Judgment, so it has prejudiced you by the Claimants failings.

I normally write to the Claimant inviting them to consent to the judgment being set aside, and it normally does the trick as they dont like losing and hate costs orders being made against them, thus they may if you send them a consent order, agree.

[ADDLED]

I normally write to the Claimant inviting them to consent to the judgment being set aside, and it normally does the trick as they dont like losing and hate costs orders being made against them, thus they may if you send them a consent order, agree.

Ive been in email ctc so i will do that today. Should i attach a copy of my set aside request N244? pt2537

[ADDLED]

where does the claimant states it was entered into in 1996? in a letter from Hoist, the Witness Statement ? etc[/COLOR]

its in their witness statement that they sent after the summary judgment.

Amethyst

[ADDLED]

By the way, heres what i wrote on the form:


FOR THE SUMMARY JUDGMENT DATED 3 JAN 2018 MADE WITHOUT NOTICE TO THE DEFENDANT TO BE SET ASIDE AND THE APPLICATION DISMISSED BECAUSE THE DEFENDANT CONTENDS HE HAS A REAL PROSPECT OF SUCCESSFULLY DEFENDING THE CLAIM. Cont'd...

The Claimant failed to serve the application for summary judgment on the Defendant. The Defendant therefore was not on notice of the application nor was the Defendant given the chance to file evidence contrary to CPR 24.5 and as a result was prejudiced.
The defendant did not receive a copy of the Claimant's Witness Statement.
The copy of the Agreement and Terms & Conditions that the Claimant has provided as evidence contain details that call into question the validity of said documents, namely:
1)Terms and Conditions mention a date of 2010
2) Terms and Conditions make mention of Default Charges of £12. This charge was introduced in 2006.
The Claimant states that the agreement was entered into in 1996, therefore it is impossible that these Terms and Conditions are a copy of the documents that were supplied art the outset, were in effect at that time, nor is it possible that they are a reconstituted version of the same. Therefore there has been a breach of s.78(1) of the Consumer Credit Act 1974


Amethyst pt2537

[Diana M]

By the way, heres what i wrote on the form:

FOR THE SUMMARY JUDGMENT DATED 3 JAN 2018 MADE WITHOUT NOTICE TO THE DEFENDANT TO BE SET ASIDE AND THE APPLICATION DISMISSED BECAUSE THE DEFENDANT CONTENDS HE HAS A REAL PROSPECT OF SUCCESSFULLY DEFENDING THE CLAIM. Cont'd...

Has this Application for a set aside of the Summary Judgment been listed for a Hearing yet or have Howard Cohen consented to it ?

Di

[ADDLED]

Has this Application for a set aside of the Summary Judgment been listed for a Hearing yet or have Howard Cohen consented to it ?

Di

Hi all, theyve challenged my set aside application stating that the 2 different sets of T&Cs are copies of what was in place at the beginning and end of the contract so we have a phone hearing in a couple of weeks. Since there are 2 claims from Hoist, one small claims and one fast track, its prob best to start a thread for each (should have done earlier i guess).
ADD

pt2537 Amethyst Diana M