** 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

That's fine!!

nem

[FlamingParrot]

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

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

Mostly by the owners themselves with a little help from donations. :beagle: As you can see, there is no advertising.

[tygar2]

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

Wow...I'm impressed. Some sites would be shouting that from the rooftops in the hope of getting some contributions. Thanks. Please link me to where donations can be made. Had a little search but didn't find anything.

[Amethyst]

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

You can upgrade to VIP http://www.legalbeagles.info/forums/payments.php or if you'd rather not go VIP you can make a donation via paypal to info@legalbeagles.info or pm me for bank details.

Thank you for the kind thought xxx

[tygar2]

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

Hello everyone

Just to recap, I requested the CCA from Hoist and the CRA from Howard Cohen and got nothing. Following the advice I received from you I chased up the CRA on the phone and Howard Cohen sent me email confirmation agreeing to an extension while they get the documents from their client. Their email also stated they would give me a further 2 weeks to respond once I had received the documents.

Following advice on this forum I advised the court via phone and email (attaching the Hoist email) and they emailed back a few days later saying that they had accepted the extension - I have not heard anything and the 28 day maximum extension runs out on 11 August.

I need to submit my evidence so can you please read what I have prepared and let me know if it is adequate.

Thank you

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 claimant’s 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 failed to comply with section 77 of the Consumer Credit Act 1974 and by virtue of section 77 of the Consumer Credit Act 1974 cannot enforce the agreement.

12: I 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. The maximum 28 days is almost over and I have not received any documents from the Claimant.

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 strike out the claim as the Claimant has failed to provide the necessary documentation to support their claim.

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: 07 August 2015

[Kati]

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

12: I 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. To date I have not received any documents from the Claimant.

reads better ... I'm sure you'll get lots of advice from the other Beagles tho' xx

[FlamingParrot]

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

A few comments below:

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

I note you've quoted s.77 further down so you'd just leave 'loan' and take out 'credit card'.

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

You can only say this if you never had a Cahoot account at all, even when the accounts were acquired by Santander, you can't deny having had one if you did.

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

This version of item 4. is more appropriate than the above unless this really wasn't your debt at all.

14. I request the court strike out the claim as the Claimant has failed to provide the necessary documentation to support their claim.

This is best worded as: "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."

Strike out is seen by the courts as a last resort and only applicable where there is no other remedy available, in this case the remedy would be to order them to produce the documents in the first instance.

Obviously when it's all ready to file there shouldn't be anything highlighted in bold, that's just for reference on here. :thumb:

[tygar2]

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

Thank you everyone for the comments and ammendments. I have added all of them to my defence and just finished submitting it online. Will now wait and see what happens.

On a side note, ever since I gave Howard Cohen my new address I have had two letters from other debt collectors regarding different accounts - coincidence or are they all linked?

Thanks again.

[FlamingParrot]

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

Thank you everyone for the comments and ammendments. I have added all of them to my defence and just finished submitting it online. Will now wait and see what happens.

On a side note, ever since I gave Howard Cohen my new address I have had two letters from other debt collectors regarding different accounts - coincidence or are they all linked?

Thanks again.

Uhmmm... :confused2: Too much of a coincidence me thinks!

When you have a moment, you may want to post about those other accounts. :typing:

[nemesis45]

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

Thank you everyone for the comments and ammendments. I have added all of them to my defence and just finished submitting it online. Will now wait and see what happens.

On a side note, ever since I gave Howard Cohen my new address I have had two letters from other debt collectors regarding different accounts - coincidence or are they all linked?

Thanks again.

If your credit files have been updated with your new address, routine searches by DCA's holding debts in your name will result in contact being made.

nem

[tygar2]

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

Thanks Nem...that makes sense.

What happens next after submitting evidence? Do I need to do anything else? Roughly what is the timeline?

Thanks

[nemesis45]

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

Thanks Nem...that makes sense.

What happens next after submitting evidence? Do I need to do anything else? Roughly what is the timeline?

Thanks

Once a defence has been submitted the court will send a copy to the claimants solicitor one received the claimant has 28 days to respond to the defence, should they fail to respond in time the court most probably stay the claim, ( put it on hold) you will not be informed if this happens, so if you do not hear from the court or the claimant before the 28 days expires you will need to contact the court by phone to check the status of the claim.

Please be aware there is somewhat of a backlog within the court system so matters could be more prolonged.

nem

[tygar2]

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

Hello everyone...me again...

So 28 days has passed and I called the court and they said the case has been "stayed" as they had received nothing from Howard Cohen. From what the lady said it sounded like it means that the case os on hold indefinitely with the other side being able to resume proceedings at any point (years later?) in the future.

What are my options now? I rather settle the matter for good if possible.

Thanks

[FlamingParrot]

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

Hello everyone...me again...

So 28 days has passed and I called the court and they said the case has been "stayed" as they had received nothing from Howard Cohen. From what the lady said it sounded like it means that the case os on hold indefinitely with the other side being able to resume proceedings at any point (years later?) in the future.

Hello tygar
If the claimant fails to reply to your defence within 28 days of receiving it, the case is stayed, which means it's dormant and the only action that can be taken is to apply to lift the stay.

What are my options now? I rather settle the matter for good if possible.

You may consider a strike out application, although there have been mixed results with these, see here for a bit more info about that option: http://www.legalbeagles.info/forums/...139#post494139

[nemesis45]

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

Hello everyone...me again...

So 28 days has passed and I called the court and they said the case has been "stayed" as they had received nothing from Howard Cohen. From what the lady said it sounded like it means that the case os on hold indefinitely with the other side being able to resume proceedings at any point (years later?) in the future.

What are my options now? I rather settle the matter for good if possible.

Thanks

Now that the claim is stayed because no reply has been made to your defence ( often used to give a claimant more time to discover documents to support the claim) if the stay is prolonged you can force the claimants hand by giving them 7 days notice that you intend to apply for the claim to be struck out.

nem