** Won ** Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

[nemesis45]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hello

Thanks for the information. I am preparing my defence today and will search for other defence forms on the forums for guidance. My time limit to submit defence is Tuesday 14 July (N1CPC dated 11 June + 5days + 28days) so I am limited on time.
I have not heard a thing nor have I received any kind of response to either the CCA or CPR requests. The 12 + 2 days for CCA has been and gone and the CPR before that.

I will send a further letter tomorrow chasing the CPR as advised - is it a good idea to call Howard Cohen and ask about the non response as I am short on time or should I just send a second request and submit my defence anyway?

Thanks for all your help

Ok The CCA request doesn't need chasing the claimant can't proceed with out it.

CPR 31.14 should be chased up as the claim has not been allocated to a track, the non compliance
should be mentioned in your defence.

If you want to post up a draft before sending we'll be happy to go through it with you.

nem

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thanks for the information. I am preparing my defence today and will search for other defence forms on the forums for guidance. My time limit to submit defence is Tuesday 14 July (N1CPC dated 11 June + 5days + 28days) so I am limited on time.
I have not heard a thing nor have I received any kind of response to either the CCA or CPR requests. The 12 + 2 days for CCA has been and gone and the CPR before that.

To save you searching, you'll find example generic defences based on non compliance with these requests here: http://www.legalbeagles.info/forums/...t-Court-Claims

I will send a further letter tomorrow chasing the CPR as advised - is it a good idea to call Howard Cohen and ask about the non response as I am short on time or should I just send a second request and submit my defence anyway?

Thanks for all your help

I would suggest sending an email, then chasing up by phone. If they agree to the extension, they can just send you an email saying so and you can forward it to the court also by email. :typing:

If they refuse to agree to an extension, then you should submit your defence. The generic defence linked to above has a paragraph that makes reference to the solicitor's refusal to agree to an extension when they have not supplied the documents requested. :thumb:

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hello Everyone

I today managed to get through to Howard Cohen and explained that I had not received a response to my CPR request. The lady said they "had put my case on hold" as they need to get documents from their client. I requested she put that in writing as I was due to submit my defence imminently. She said she would send me an email. I am yet to receive said email - where does this leave me in terms of my defence?

I had prepared my defence from a template. The bold parts are changes/selections I made from the template and also areas I'm unsure about as follows:
10. Is section 77 of the Consumer Credit Act the correct one?
12. As Howard Cohen say they have put my case on hold - is the wording I used correct.

Thank you all for your help.


IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM No: xxxxxxxxx

BETWEEN
HOIST PORTFOLIO HOLDINGS 2 LTD
CLAIMANT
-and-

xxxxxxxxxxxxxxxx
DEFENDANT


1: I received the claim xxxxxxxx from the Northampton County Court on the 16^th of June 2015. The claim is dated 11 June 2015.


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card or loan agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an agreement with Original Creditor, Santander UK, for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Santander UK to Hoist Portfolio Holdings 2 Ltd. No date of assignment is given. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Santander UK served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 23^RD of June 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Howard Cohen and Co. has not sent any of these documents to me.

10. On the 23^rd of June 2015 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holdings 2 Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has not provided me with a copy of the original agreement so has failed to comply with section 77 Consumer Credit Act 1974 and by virtue of section 77 of the Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.



Statement of Truth
The defendant believes that the facts stated in this defence are true.


Signed……………………………………………………………….
Date: 13 July 2015

[nemesis45]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hello Everyone

I today managed to get through to Howard Cohen and explained that I had not received a response to my CPR request. The lady said they "had put my case on hold" as they need to get documents from their client. I requested she put that in writing as I was due to submit my defence imminently. She saud she would send me an email. I am yet to receive said email - where does this leave me in terms of my defence?

I had prepared my defence from a template. The bold parts are changes/selections I made from the template and also areas I'm unsure about as follows:
10. Is section 77 of the Consumer Credit Act the correct one?
12. As Howard Cohen say they have put my case on hold - is the wording I used correct.

Thank you all for your help.


IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM No: xxxxxxxxx

BETWEEN
HOIST PORTFOLIO HOLDINGS 2 LTD
CLAIMANT
-and-

xxxxxxxxxxxxxxxx
DEFENDANT
[IMG]file:///C:/Users/Arthur/AppData/Local/Temp/msohtmlclip1/01/clip_image001.png[/IMG]

[IMG]file:///C:/Users/Arthur/AppData/Local/Temp/msohtmlclip1/01/clip_image001.png[/IMG]DEFENCE

1: I received the claim xxxxxxxx from the Northampton County Court on the 16^th of June 2015.


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card or loan agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an agreement with Original Creditor, Santander UK, for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Santander UK to Hoist Portfolio Holdings 2 Ltd. No date of assignment is given. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Santander UK served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 23^RD of June 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Howard Cohen and Co. has not sent any of these documents to me.

10. On the 23^rd of June 2015 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holdings 2 Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has not provided me with a copy of the original agreement so has failed to comply with section 77 Consumer Credit Act 1974 and by virtue of section 77 of the Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.



Statement of Truth
The defendant believes that the facts stated in this defence are true.


Signed……………………………………………………………….
Date: 13 July 2015

Hi, If this is a loan sect77 Credit Card sect 78

Please Do Not rely on Cohens " on hold" statement the court does not recognise this.
Do you have written confirmation of the extension and have you sent a copy to the court?
You need to removed all bold or highlighted text standard print all the way through.
nem

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hello Nem

Thanks for your reply. Yes all bold text will be removed - it was to highlight changes I made.
Will leave as section 77 - Thanks.
Howard Cohen said they will send me an email regarding putting my case "on hold". I can only assume she meant an extension. Either way, if I do not receive the email confirming this by the end of the day should I submit defence saying the refused extension? (point 12 on defence).

thanks

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

I have just recieved the following email from Howard Cohen:

We refer to our telephone conversation on 13 July 2015 and your request made under C.P.R 31.14 for documentation mentioned in our Particulars of Claim.We are currently in the process of retrieving the documents requested.Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.We trust this is in order.Yours faithfully

I'm not sure how the process works at this point.

How do I notify the court of this?
Do I still submit my evidence?
How much extra time are they entitled to?

Thanks for your help.

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

I just called MCOL regarding what to do next and the lady said they have no control over extensions and it is for Howard Cohen to contact the court and request the extension. She said she would make a note but it is probably best I submit my evidence within the 28 days allowed as Howard Cohen can still get a judgement if I don't (by tomorrow for me). To be honest, she left me not clearer as to what to do next.

I have also read C.P.R 15.5 and it states:
Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

My question is on the fact that it relates to an extension of time for filing a defence - however it is not me who is requesting this but the claimant - does it still apply?

[Amethyst]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Court staff cannot give legal advice, and sadly, most of them are often just massively wrong. We can't give legal advice either, but we're not wrong as often Go with what the CPR says, and the guide in the library which says the same - http://www.legalbeagles.info/forums/...filing-defence

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Court staff cannot give legal advice, and sadly, most of them are often just massively wrong. We can't give legal advice either, but we're not wrong as often Go with what the CPR says, and the guide in the library which says the same - http://www.legalbeagles.info/forums/...filing-defence

You are so right about court staff not being able to give legal advice...however I would have thought they would be in a position to give advice on the court process. They sound so unsure on everything I asked. Thank you for the link, I will amend the template and forward the email from Howard Cohen to them.

My main confusion is this - Do I submit my defence at the same time as forwarding the email to the court or do I wait till I hear back from Howard Cohen before doing that?

Thanks for the help.

[Amethyst]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Nope - the maximum extension is 28 days so in 28 days you should file your defence regardless.

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thank you.

I have amended the extension template and forwarded the email from Howard Cohen to the court.

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thanks.

I have amended the extension template and forwarded the email from Howard Cohen to the court.

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

You are so right about court staff not being able to give legal advice...however I would have thought they would be in a position to give advice on the court process. They sound so unsure on everything I asked. Thank you for the link, I will amend the template and forward the email from Howard Cohen to them.

My main confusion is this - Do I submit my defence at the same time as forwarding the email to the court or do I wait till I hear back from Howard Cohen before doing that?

Thanks for the help.

Thanks.

I have amended the extension template and forwarded the email from Howard Cohen to the court.

You should now have 28 days to submit your defence ON TOP of the 33 days you originally had. If you don't get any documents you'd still have to submit the generic defence based around lack of information before the 28 days are up. :clock:

[nemesis45]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thank you.

I have amended the extension template and forwarded the email from Howard Cohen to the court.

Spot on!!
nem

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

You should now have 28 days to submit your defence ON TOP of the 33 days you originally had. If you don't get any documents you'd still have to submit the generic defence based around lack of information before the 28 days are up. :clock:

Spot on!!
nem

I have received an auto reply so I hope everything is in order. Now I just have to wait. Thank you both for your help - I'm very grateful. How is this site funded? Whatever the outcome for me, I feel it is a very valuable resource.

Thanks again