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

[tygar2]

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

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.

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

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

Hello all

Thanks for the responses. I will look into sending a letter of intention to request strike out before actually attempting it. Any advice on how long I should leave things as they are before sending the letter?

Plan B is this - Does it make sense to offer a low one off payment to end the matter (say £500)? This would be worded to not be an admission of guilt but an offer so they withdraw their claim and end the stay. As it stands they are getting nothing so I just thought it might work.

Reason I am considering it it because I do not want to miss something in future (if stay is lifted etc) and suddenly find myself with a ccj. Also I read a forum where someone had a case stayed for lack of documentation like me but I think 2 years later that stay was lifted and the case fast tracked yet the documents had still not being produced.....

Please let me know your thoughts and thank you for your help.

[nemesis45]

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

Hello all

Thanks for the responses. I will look into sending a letter of intention to request strike out before actually attempting it. Any advice on how long I should leave things as they are before sending the letter?

Plan B is this - Does it make sense to offer a low one off payment to end the matter (say £500)? This would be worded to not be an admission of guilt but an offer so they withdraw their claim and end the stay. As it stands they are getting nothing so I just thought it might work.

Reason I am considering it it because I do not want to miss something in future (if stay is lifted etc) and suddenly find myself with a ccj. Also I read a forum where someone had a case stayed for lack of documentation like me but I think 2 years later that stay was lifted and the case fast tracked yet the documents had still not being produced.....

Please let me know your thoughts and thank you for your help.

Don't make any offers at this stage try the stike out notice first, if they still have nothing to support the claim you could be rid of it.

nem

[tygar2]

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

Thanks nem...will send a letter based on the template to the court on Monday. The 28 days were up on the 15th of September.

Thanks again.

[nemesis45]

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

Thanks nem...will send a letter based on the template to the court on Monday. The 28 days were up on the 15th of September.

Thanks again.

Happy to help, please let us know what happens.

nem

[tygar2]

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

- - - Updated - - -

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

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

They are coming in thick and fast....letters were from Lowell regarding Barclays accounts....checked credit report and coop bank added a link to my new address. Will start a new thread for that.

[FlamingParrot]

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

Hello all

Thanks for the responses. I will look into sending a letter of intention to request strike out before actually attempting it. Any advice on how long I should leave things as they are before sending the letter?

Plan B is this - Does it make sense to offer a low one off payment to end the matter (say £500)? This would be worded to not be an admission of guilt but an offer so they withdraw their claim and end the stay. As it stands they are getting nothing so I just thought it might work.

Reason I am considering it it because I do not want to miss something in future (if stay is lifted etc) and suddenly find myself with a ccj. Also I read a forum where someone had a case stayed for lack of documentation like me but I think 2 years later that stay was lifted and the case fast tracked yet the documents had still not being produced.....

Please let me know your thoughts and thank you for your help.

Settlement offers are usually made without prejudice so they cannot be use in court (I presume that's what you mean above), however, I would hold off making any offers for now, if the claim gets struck out you won't have any need for PlanB and could use the £500 for something more enjoyable.

[tygar2]

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

Lol...I hear flamingparrot....I hear you...the beach is calling me....

Thanks for the advice.

[tygar2]

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

Hi everyone

Its been a while and I have an update.

I had heard nothing since the court informed me that my case had been stayed in September. I was thinking about sending a strike out request at some point but was giving it some time in the hope that would add weight.

Anyway, two weeks ago, around the 6th of November, I swung by my old address and found at large envelope from Howard Cohen. The letter inside was dated 14 October so was about 3 weeks old (panic!). I do not know why they sent documents there as I had updated my address with them and the court. Letter said to find enclosed documents requested and had default notice, notice of assignment and a typed statement of all payments received (last payment was in 2010). There was no CCA and they said they were in the process of getting the other documents from their client and would be in touch. Also asked me to let them know how I wish to proceed regarding the debt

...my heart sank...and I didn't know what to do - still contact court or not? What do I do now? plus that letter was already 3 weeks old before I saw it.... I did nothing.

Went to Check for mail again today and there was another letter from Cohen Cramer (Howard Cohen) dated 17 November. It says they had been instructed by their client to discontinue with the claim and includes a Notice of Discontinuance. Says that notice has also been lodged with the court (Haven't yet heard from the court). It says no further action at present but says it does not mean that I am no longer liable for the debt. Also kind of contradicts and says they are taking instructions from their client as to how they wish to proceed and says I should contact Robinson Way to discuss.

I am very relieved and happy but not 100% sure what this notice means. Can they go back to court and start a new claim at another time? Can they sell it on? Is it all over?

Thanks everyone

[MIKE770]

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

good one - ring the court Monday to verify they have copy!

[Amethyst]

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

Good news As you had submitted your defence before they discontinued the claim they would need to apply to court for permission if they wanted to bring the case again, so it is very likely that other than random chasing letters from DCA's which can be ignored, that is the end of it.

[tygar2]

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

Good news As you had submitted your defence before they discontinued the claim they would need to apply to court for permission if they wanted to bring the case again, so it is very likely that other than random chasing letters from DCA's which can be ignored, that is the end of it.

Hello all

Thanks for the info. Will definitely call the court to verify.

Also as part of the documents they sent there was a statement of payments which shows last payment was in August 2010 so 6 years is nearly up.

Hopefully this is the end of it.

Thank you to everyone for the advice and support.

[tygar2]

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

Hello everyone

Thanks for the suggestion that I check with the court - they have no record of any notice to discontinue.

I have just scanned and emailed the letter I received so hopefully they will update based on that.

[nemesis45]

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

Hello all

Thanks for the info. Will definitely call the court to verify.

Also as part of the documents they sent there was a statement of payments which shows last payment was in August 2010 so 6 years is nearly up.

Hopefully this is the end of it.

Thank you to everyone for the advice and support.

There's a considerable backlog in the court system this might
be the reason the court has not processed this.
Yes send copies of letter and notice to the court.

nem

[tygar2]

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

On a side note, I have another debt (Barclaycard) which was transferred to Hoist a few weeks ago. Today I received a letter from Robinson Way (their debt collecting agent) saying they intend to pass on to Howard Cohen for legal action - Same process as the debt which is the subject of this thread.

My question is when is it best to start engaging with them and request supporting documents like CCA? After they actually put in a court claim or when I receive a letter of intent to go to court from Howard Cohen?

Hope that makes sense.

Thanks

[nemesis45]

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

On a side note, I have another debt (Barclaycard) which was transferred to Hoist a few weeks ago. Today I received a letter from Robinson Way (their debt collecting agent) saying they intend to pass on to Howard Cohen for legal action - Same process as the debt which is the subject of this thread.

My question is when is it best to start engaging with them and request supporting documents like CCA? After they actually put in a court claim or when I receive a letter of intent to go to court from Howard Cohen?

Hope that makes sense.

Thanks

Ok Tygar,

Send RW a CCA request now, don't wait for them to issue I suspect they will try to rush this through in the hope things will be missed / lost during the Christmas chaos.

nem