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

[nemesis45]

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

Thanks as always @nemesis45

I'll try and cobble something together to send to the judge by e-mail on Saturday. I wonder if I should suggest the case(s) be struck out within the letter as they have failed to do anything - only submitting their DQ because they were sanctioned to do so plus despite repeated requests failed to provide any proper docs.

Charlie

No harm in suggesting that the judge should strike out the claim Charlie.

nem

- - - Updated - - -

Thanks as always @nemesis45

I'll try and cobble something together to send to the judge by e-mail on Saturday. I wonder if I should suggest the case(s) be struck out within the letter as they have failed to do anything - only submitting their DQ because they were sanctioned to do so plus despite repeated requests failed to provide any proper docs.

Charlie

No harm in suggesting that the judge should strike out the claim Charlie.

nem

[CharlieP]

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

@nemesis45

Hi nem, how does this sound?

Address/Claim Numbers etc


Dear Sir/Madam,

Further to the order dated 8 July 2016 made by District Judge _______ which gave the following direction to the claimant, Hoist Portfolio Holding 2 Ltd:
Claimant to allow the other party to inspect the documents referred to in the defence on 7 days notice being given.

The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 22 July 2016. As the claimant has failed to produce any documentation and therefore broken the terms imposed by the court I am requesting the case be struck out.

Yours faithfully,

Charlie

[nemesis45]

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

[QUOTE=CharlieP;664200]@nemesis45

Hi nem, how does this sound?

That's fine what more can you say Charlie!

nem

[Guest]

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

Will a judge strike out over 1 day?

[nemesis45]

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

Will a judge strike out over 1 day?

Entirely up to the judge when he/she reviews the papers in the claim, possible consideration of other " manufactured " delays during the course of the claim.
The letter is notification of no compliance " to date".

nem

[Guest]

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

While I understand it is up to the judge, the system is biased against us. I believe that the rules say that two days are allowed for service so that would take us to Saturday , then are the 7 days working days or calendar days?

Is an email to the court the right legal way to go about a request for a strike out. I did a bit of googling and may be wrong but 31.12 says that documents not produced can not be used , therefore if these documents are vital to the case the request should be to strike out because......without the documents the claimant can has no prospect of success.

Maybe [MENTION=551]pt2537[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] could offer some more technical help

[Guest]

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

If the attached documents are what they are relying on for their S78 request they are screwed because they have the name wrong , that is a killer. The only problem is that once they realise this they may try to put it right although that wouldn't look good

[Guest]

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

Charlie
Have you been asked or said how much the claim is for?

If it is over 10,000 you might want to find a lawyer who can help

[nemesis45]

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

While I understand it is up to the judge, the system is biased against us. I believe that the rules say that two days are allowed for service so that would take us to Saturday , then are the 7 days working days or calendar days?

Is an email to the court the right legal way to go about a request for a strike out. I did a bit of googling and may be wrong but 31.12 says that documents not produced can not be used , therefore if these documents are vital to the case the request should be to strike out because......without the documents the claimant can has no prospect of success.

Maybe @pt2537 @Diana M @Amethyst could offer some more technical help

Where does the idea that the system is biased against " us"? For someone looking for advice on " talk talk " and 13 or so post suddenly you are an expert on all else and posting " mentions"??

Seems odd.

[charitynjw]

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

While I understand it is up to the judge, the system is biased against us. I believe that the rules say that two days are allowed for service so that would take us to Saturday , then are the 7 days working days or calendar days?
https://www.justice.gov.uk/courts/pr...es/part06#6.14
https://www.justice.gov.uk/courts/pr...es/part06#6.26

Is an email to the court the right legal way to go about a request for a strike out. I did a bit of googling and may be wrong but 31.12 says that documents not produced can not be used , therefore if these documents are vital to the case the request should be to strike out because......without the documents the claimant can has no prospect of success.

Maybe @pt2537 @Diana M @Amethyst could offer some more technical help

####

[charitynjw]

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

Will a judge strike out over 1 day?

Post Mitchell & Denton, it's not beyond the realms of possibility.

[CharlieP]

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

For information:

Current status: Court hearing date in November. As per court instructions we sent a notice to see docs to claimant with no response within the 7 day limit. We e-mailed the court informing them so and requesting the case be struck out. Autoreply from court saying a response will be given within 10 working days. Came back from holiday and had letters from Cohen's with the usual crap that they are retrieving docs and will grant us a further 14days to respond when they find them. No response from court which has now passed their 10 day to respond time.

Cohen's clearly haven't got the docs and to issue a CC claim without them is an abuse of the system. I guess we can only hope that the court do reply to our e-mail and either strike out the claim or at least sanction the claimant to supply the docs by a given time.

[Stu]

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

Unfortunately they have up to 14 days before the hearing date to provide the documents Charlie.

[CharlieP]

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

Unfortunately they have up to 14 days before the hearing date to provide the documents Charlie.

Yes I guess so Stu.

So the District Judge's instructions (Claimant to allow the other party to inspect the documents referred to in the defence on 7 days notice being given.) can be ignored by the claimant?

[nemesis45]

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

For information:

Current status: Court hearing date in November. As per court instructions we sent a notice to see docs to claimant with no response within the 7 day limit. We e-mailed the court informing them so and requesting the case be struck out. Autoreply from court saying a response will be given within 10 working days. Came back from holiday and had letters from Cohen's with the usual crap that they are retrieving docs and will grant us a further 14days to respond when they find them. No response from court which has now passed their 10 day to respond time.

Cohen's clearly haven't got the docs and to issue a CC claim without them is an abuse of the system. I guess we can only hope that the court do reply to our e-mail and either strike out the claim or at least sanction the claimant to supply the docs by a given time.

Hello Charlie,

Unfortunately there is no sanction for starting a claim without the documents to back it up.

Are we talking about the CPR 31.14 request?

Did the court make an order for disclosure? You made the request has ordered by the court and no response and you have notified the court of this.

What us the status of the claim i.e. is it stayed? ( ring court to check)

nem