**Discontinued** Hoist Portfolio Court Claim. A little hand holding please!

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

Thanks Nem.

Having checked MCOL this morning it says that a DQ has been sent on the same day that they confirmed the case is Stayed. Is this normal?
Thanks,
CharlieP

[nemesis45]

Re: Hoist Portfolio Court Claim. A little hand holding please!

Thanks Nem.

Having checked MCOL this morning it says that a DQ has been sent on the same day that they confirmed the case is Stayed. Is this normal?
Thanks,
CharlieP

Hello Charlie,

Yes normal process.

nem

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

The DQ has arrived. Can I just ask a couple of questions please?

Under Witnesses it asks how many including yourself. Do we put in '1' ?

The covering letter states that we must serve a copy to all other parties. I take it they mean a copy to the claimants solicitors, the court and keep a copy ourselves. However, within the DQ it asks for telephone numbers and email address - we don't really want to end up with future phone call pestering. Are we able to part cover this info on the copy to the solicitors?

[nemesis45]

Re: Hoist Portfolio Court Claim. A little hand holding please!

The DQ has arrived. Can I just ask a couple of questions please?

Under Witnesses it asks how many including yourself. Do we put in '1' ?

The covering letter states that we must serve a copy to all other parties. I take it they mean a copy to the claimants solicitors, the court and keep a copy ourselves. However, within the DQ it asks for telephone numbers and email address - we don't really want to end up with future phone call pestering. Are we able to part cover this info on the copy to the solicitors?

Hello Charlie,

1. Yes Court/ claimants sols / your self.

2. 1 witness you.

3 Contact No's etc. for court use/ and claimants solicitors only

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

Thanks Nem (as ever)

re the contact details: I asked because of the Cohens/RW close link and we weren't to happy at the thought of future pestering.

[nemesis45]

Re: Hoist Portfolio Court Claim. A little hand holding please!

Thanks Nem (as ever)

re the contact details: I asked because of the Cohens/RW close link and we weren't to happy at the thought of future pestering.

Any abuse of the information given to the court/solicitors is easily stopped if it did happen Charlie.

nem

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

Thanks Nem, just paranoia creeping in then. lol

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

OK, an update.
Previously:
Claim issued, requests for docs, defence filed, RW added stat fee to account, formal complaint made. No reaction to defence from Cohens so claim stayed. DQ filed but nothing from Cohens.

Today we had a reply from RW upholding our complaint and saying they will remove the payment and send us a cheque for £1. Along with this they have supplied a reconstituted copy of the agreement from Bcard.

According to Noddle this account was opened in 1998. On the first page shows her current name and an old address. No Ms, Miss or Mrs just and initial and surname. She didn't have that surname in 1998.

Could someone please have a look at what we've been sent and what if anything we should do about it?

Many thanks as always

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

One more

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

[MENTION=55034]nemesis45[/MENTION]

Hi Nem, could I have your opinion on the above?

Many thanks,
Charlie

[nemesis45]

Re: Hoist Portfolio Court Claim. A little hand holding please!

OK, an update.
Previously:
Claim issued, requests for docs, defence filed, RW added stat fee to account, formal complaint made. No reaction to defence from Cohens so claim stayed. DQ filed but nothing from Cohens.

Today we had a reply from RW upholding our complaint and saying they will remove the payment and send us a cheque for £1. Along with this they have supplied a reconstituted copy of the agreement from Bcard.

According to Noddle this account was opened in 1998. On the first page shows her current name and an old address. No Ms, Miss or Mrs just and initial and surname. She didn't have that surname in 1998.

Could someone please have a look at what we've been sent and what if anything we should do about it?

Many thanks as always

Hello Charlie,

At least the " stolen " fee has been returned everyone should raise a complaint if this happens and report it to the FCA.

The recon I think this is incomplete. Should be two distinct sets of T's & C's one when the account was opened ** original surname essential ** and one when the account was closed ** new surname **

I going to tag [MENTION=6]Amethyst[/MENTION] to see if she agrees or can add more.

nem

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

Thanks Nem
Nothing attaches her to the original T&C's - it's just a copy of their terms at that time. Behind the blanked out area on the first page is her current name which would have been added at a later date. It's just typed, not in a box or anything like this:

A NOTHER
56 WHATEVER ST
BEAGLETOWN
NE4 5ME

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

Hi @Amethyst

When you have a minute please could you glance at the above for your valued opinion.

Many thanks,
Charlie

[CharlieP]

Re: Hoist Portfolio Court Claim. A little hand holding please!

[MENTION=6]Amethyst[/MENTION] :bump: Pretty please

[nemesis45]

Re: Hoist Portfolio Court Claim. A little hand holding please!

Hi @Amethyst

When you have a minute please could you glance at the above for your valued opinion.

Many thanks,
Charlie

Hello Charlie,

I think Amethyst must be busy,!

I don't think the " reconstituted " agreement is complete so here's what should be there.

Your name and address as it was when the account was opened.

The creditors name and address as it was when the account was opened.

The terms and condition relevant when the account was opened the terms and conditions when the account was closed. ( this I personally think is important with the change from Advanta to Mint in 2003.

My feeling is just to tell them that their " reconstituted agreement" is as they must be aware incomplete and is disputed and the CCA request has not been complied with therefore the debt remains unenforceable.

nem