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

[nemesis45]

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.

The judge has ordered disclosure within 7 days of a request for inspection of documents this court order has not been complied with Stu.

The 14 days prior to hearing is in regard to filing a WS and all pertinent documents.

nem

[CharlieP]

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

Hello [MENTION=55034]nemesis45[/MENTION], hope you are well.

Yes we did the CPR request and submitted our defence pointing out their failure to supply etc. On being passed to our (not so) local court the DJ ordered the claimant to supply the docs within 7 days from our request. They failed to do so and we e-mailed the court saying so and requested the case be struck out. No response from the court.

Charlie

[nemesis45]

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

Hello @nemesis45, hope you are well.

Yes we did the CPR request and submitted our defence pointing out their failure to supply etc. On being passed to our (not so) local court the DJ ordered the claimant to supply the docs within 7 days from our request. They failed to do so and we e-mailed the court saying so and requested the case be struck out. No response from the court.

Charlie

Hi Charlie phone the court the claim may well be stayed. If it is then we can start looking at strike out.

nem

[CharlieP]

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

Hi Charlie phone the court the claim may well be stayed. If it is then we can start looking at strike out.

nem

Hi nem,
It was stayed but but it still rolled on to obtain hearing date in November so it can't have been stayed at all. I will get her to phone the court to double check when she gets back but the fact that there is a hearing date, surely it can't be stayed?
Charlie

[nemesis45]

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

Hi nem,
It was stayed but but it still rolled on to obtain hearing date in November so it can't have been stayed at all. I will get her to phone the court to double check when she gets back but the fact that there is a hearing date, surely it can't be stayed?
Charlie

Hello Charlie,

Certainly get that checked asap.

nem

[Stu]

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

The judge has ordered disclosure within 7 days of a request for inspection of documents this court order has not been complied with Stu.

The 14 days prior to hearing is in regard to filing a WS and all pertinent documents.

nem

My apologizes cheers for the heads up Nem

[CharlieP]

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

Hi Charlie phone the court the claim may well be stayed. If it is then we can start looking at strike out.

nem

Hi [MENTION=55034]nemesis45[/MENTION]

She phoned the court and the case will still continue until the hearing.*

Apparently there is a letter in the post from the court to us in response to the email sent (post #92) saying if we want to strike it out we have to use N244 and pay £255 x 2. This ignores the fact that the claimant has ignored the DJ's order. I haven't seen the letter yet as it's in the post but this is what she was told over the phone.

*The claim was stayed following no response to the defense being filed but automatically started again with no fee paid by the claimant to lift the stay. This happened on the issue of form N180/mediation/transfer to local court.

[CharlieP]

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

[MENTION=55034]nemesis45[/MENTION]
OK, we have finally got a reply from the court to the email we sent about two weeks ago.
We sent this....

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,

And the reply from the DJ was

If the defendant is seeking a strike out in advance of the small claims track hearing on **** November 2016 an application for a strike out under CPR 3.4 is required, with evidence of the date of request, and this will be listed on notice to the claimant. Otherwise the case will be considered on *** November 2016

Does this mean that we would have to pay the £560 fee (it's two claims combined) or do we just have to prove that we did indeed do a notice of disclosure to the Claimant? For evidence of that we have recorded delivery plus letters from Cohen's acknowledging receipt and they are in the process of retrieving the docs. that is dated back in mid July and still nothing received this end.

If we do pay for the strike out, and it's successful are we able to claim that back off the claimant?

[CharlieP]

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

:bump:

[nemesis45]

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

@nemesis45
OK, we have finally got a reply from the court to the email we sent about two weeks ago.
We sent this....
[FONT=&amp]

And the reply from the DJ was



Does this mean that we would have to pay the £560 fee (it's two claims combined) or do we just have to prove that we did indeed do a notice of disclosure to the Claimant? For evidence of that we have recorded delivery plus letters from Cohen's acknowledging receipt and they are in the process of retrieving the docs. that is dated back in mid July and still nothing received this end.

If we do pay for the strike out, and it's successful are we able to claim that back off the claimant?

Hello Charlie
I think the answer to both is yes But I suggest checking with court on Monday regard to the fee.

nem

[CharlieP]

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

Hi [MENTION=55034]nemesis45[/MENTION]

Do you think it's a good idea to send the following?
Thanks
Charlie

Sir/Madam,

I refer to the above mention claims and the court order to supply the documents referred to in the defence on 7 days notice being given. This notice was sent to you on ** July 2016 but you have failed to produce the documents. I now believe Hoist has had more than adequate time to retrieve the documents needed to pursue the claim.
I suggest the you now advise your client to withdraw/discontinue this claim as your client has no reasonable chance of taking the claim forward.

I now give formal notice that should your client decline to discontinue the claim, I will within 7 days of the date of this letter make an application to the court for the claim to be struck out and I will seek the costs of the application from your client.

A prompt response would be appreciated.

Yours etc.

[nemesis45]

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

Hi @nemesis45

Do you think it's a good idea to send the following?
Thanks
Charlie

I've no problem with that Charlie.
nem

[nemesis45]

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

Hello Charlie any news on this yet?

nem

[CharlieP]

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

Hello [MENTION=55034]nemesis45[/MENTION]

Not really. I didn't send that last letter.
The two cases were consolidated and due to be heard together (2 hour) mid November but now we have received notice from the court that due to the unavailability of the judge the hearing has been adjourned until beginning of January allowing still 2 hours. However, this is for only ONE of the claims!!! I have checked with the court who have confirmed that the other hearing still stands in November according to their system - this is clearly a cockup by the court as they haven't achieved anything by adjourning one of the claims to a later date. This means I will have to start preparing a WS.

On the notice of adjournment it doesn't say when to submit any docs, it only says 'Docs filed after 11am on the day are not guaranteed to be filed on court file' so I'm trying to figure out when to file a WS for the Jan one. I contacted the court who told me to email the question, which I have done but as they won't reply within 10 working days it will be too close to the Nov hearing date. I guess it wouldn't hurt to file a WS for the Jan one too early, a bit of me feels that I don't want to give away my position/poke the fire too early though.

Thanks,
Charlie

[Diana M]

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

On the notice of adjournment it doesn't say when to submit any docs, it only says 'Docs filed after 11am on the day are not guaranteed to be filed on court file' so I'm trying to figure out when to file a WS for the Jan one. I contacted the court who told me to email the question, which I have done but as they won't reply within 10 working days it will be too close to the Nov hearing date. I guess it wouldn't hurt to file a WS for the Jan one too early

If there are no new court Directions to overtake the current Directions you should obey the original Order. The hearing (for one of the claims) may have been re-listed but nothing else changes unless the court explicitly says so.

The annoying thing about the delay is that it gives the Claimant more time to come up with the paperwork.

Di