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

[Amethyst]

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

She didn't have that surname in 1998.

Therein lies their problem. It is a not a true copy of the original agreement if the name is incorrect. A recon is okay but it must be exactly as per the original agreement. The name being wrong draws into doubt that it is a recon of the original agreement. On the terms as varied they have the right name but wrong address. This can go into your witness statement once you get a response from court about a court date.

Also can you read the 1998 version - it doesn't seem long enough to me - are there any mentions in there of terms which are not included ?

[CharlieP]

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

Thanks Nem & Amethyst

Yes the name is wrong when the account was opened. The 98 T&C's must be a file copy from that time but they do seem complete however the separate photocopy showing the old address but wrong name could have been typed up just to satisfy Bcard's CCA obligations.

The same goes for the later T&C's - that appears to be a file copy and they type the name and address at the top. Her details on there however are correct.

Thank you for your input as always.

When it comes to the WS it will enable me to construct something more solid.

Charlie

[nemesis45]

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

Thanks Nem & Amethyst

Yes the name is wrong when the account was opened. The 98 T&C's must be a file copy from that time but they do seem complete however the separate photocopy showing the old address but wrong name could have been typed up just to satisfy Bcard's CCA obligations.

The same goes for the later T&C's - that appears to be a file copy and they type the name and address at the top. Her details on there however are correct.

Thank you for your input as always.

When it comes to the WS it will enable me to construct something more solid.

Charlie

Yes Charlie.

[CharlieP]

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

Just for an update on our thread. No need for a response but so many threads stop half way through (I guess the cases stopped or something) I want to complete this thread to it's conclusion to assist others in the future.

After filing our DQ we noted on MCOL that a General Sanctions Order was made. This is because the claiment failed to send in their DQ and this pushed them to do it. The next day we received a copy of the General Sanctions Order and also an email from the Mediation Team stating that they would telephone us within 8 days and to ensure we could answer YES to the 3 statements. As we had not had the proper documentation we couldn't so have replied to the mediation team by e-mail saying that. Whether we will still get a telephone call we don't yet know. We have so far not received a copy of the claiment's DQ as we had to send a copy of ours to them.

Addtionally today, we have contacted the court who confirmed the case is still Stayed.

[nemesis45]

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

Just for an update on our thread. No need for a response but so many threads stop half way through (I guess the cases stopped or something) I want to complete this thread to it's conclusion to assist others in the future.

After filing our DQ we noted on MCOL that a General Sanctions Order was made. This is because the claiment failed to send in their DQ and this pushed them to do it. The next day we received a copy of the General Sanctions Order and also an email from the Mediation Team stating that they would telephone us within 8 days and to ensure we could answer YES to the 3 statements. As we had not had the proper documentation we couldn't so have replied to the mediation team by e-mail saying that. Whether we will still get a telephone call we don't yet know. We have so far not received a copy of the claiment's DQ as we had to send a copy of ours to them.

Addtionally today, we have contacted the court who confirmed the case is still Stayed.

Good morning Charlie.

Thanks for the update!

You could now consider making applications to have the claim struck out either by agreement with the claimant of by paying the fee for the application.

nem

[CharlieP]

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

Good morning Charlie.

Thanks for the update!

You could now consider making applications to have the claim struck out either by agreement with the claimant of by paying the fee for the application.

nem

Good morning Nem!

I can't see them agreeing to have it struck out but certainly would consider paying the fee to make it happen. It would cost £155 wouldn't it? I'll have to go off and read the procedure(s).

We have since booked to go away late July and are worried that a court case might be allocated in the week we have already booked!
Charlie

[nemesis45]

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

Good morning Nem!

I can't see them agreeing to have it struck out but certainly would consider paying the fee to make it happen. It would cost £155 wouldn't it? I'll have to go off and read the procedure(s).

We have since booked to go away late July and are worried that a court case might be allocated in the week we have already booked!
Charlie

Hello Charlie,

Unfortunately the application fee (Form N244) has increase to £255.00.

If did make an application you would be able to state when you will be unavailable.

nem

[CharlieP]

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

Unfortunately the application fee (Form N244) has increase to £255.00.

nem

Yikes. Doesn't help that there are two near identical claims. Thinking about it still.

Can ask this question?

The court has confirmed the claim is stayed, however it seems to be bumbling along - mediation left a message today which we missed saying to contact them to confirm that the 7th is OK for the mediation despite us emailing them confirming we can not state Yes to all three statements. If the case is stayed why would this still be going on? I guess when we call them back today confirming again that we can't answer Yes to all three, that it will be passed back to the court for a court date. I thought that unless the claimant paid a fee to lift the stay it stops the process until they do??

Thanks
Charlie

[nemesis45]

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

Yikes. Doesn't help that there are two near identical claims. Thinking about it still.

Can ask this question?

The court has confirmed the claim is stayed, however it seems to be bumbling along - mediation left a message today which we missed saying to contact them to confirm that the 7th is OK for the mediation despite us emailing them confirming we can not state Yes to all three statements. If the case is stayed why would this still be going on? I guess when we call them back today confirming again that we can't answer Yes to all three, that it will be passed back to the court for a court date. I thought that unless the claimant paid a fee to lift the stay it stops the process until they do??

Thanks
Charlie

The situation with the stay is that the claimant has to pay a fee to lift the stay before they can go further.

The Small Claims Mediation Service may not have caught up with the court action yet.

nem

[CharlieP]

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

Thanks (Super)Nem

So there's a chance that once mediation pass it to our local court it will stop there unless the claiment pays the fee to lift? No need to reply unless I still have got it wrong.

Charlie.

[nemesis45]

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

Thanks (Super)Nem

So there's a chance that once mediation pass it to our local court it will stop there unless the claiment pays the fee to lift? No need to reply unless I still have got it wrong.

Charlie.

Mediation will not take place if you don't have the documents that the claimant intends to rely upon, as you would be at a distinct disadvantage Charlie.

The " problem" is that a stay is an "indefinite" suspension of the claim and could be extremely prolonged, so you need to make regular checks with the court to see if there is any change.

If for instance the claim is still stayed in a couple of weeks you could write to the claimants solicitors and suggest that it appears that their client has no realistic chance of going forward and you suggest that they should advise their client to discontinue the claim.

nem

[CharlieP]

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

We have a hearing date despite it being stayed!:noidea:

[Stu]

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

As hard as it seems Charlie try not to worry yourself or the person you're helping it still may be that they are trying to scare you into acting on the situation and getting you to make a full and final payment...

That said there is just as much chance of you receiving and letter in due course with the words "Notice of Discontinuance" < Hopefully the latter ...

Good luck.

[CharlieP]

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

Thanks Stu

We're not really worried as such, just bemused that despite it being stayed due to the claiment not doing anything other than fire of the initial claim - no responses to requests, no copy of the N180 to us and they only completed that because the court sanctioned them to. It's an abuse of the system.
I still can't fathom what a stay really is - to me it means that until the claiment pays a fee to continue the claim, the whole process stops. In reality without the claiment doing anything, the claim bumbles along ignoring the stay.
Charlie

[Stu]

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

Well they can just drag it out as long as possible to give them as much time to get the relevant documents and unfortunately they have up to 14 days before the court date to produce them and pay the lift fee..