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

[CharlieP]

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

No problem Charlie I have some catching up to do having been called away and need to wind down so will draft tomorrow.

nem

Thanks so much Nem. Indebted as ever!
Charlie

[CharlieP]

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

[MENTION=55034]nemesis45[/MENTION]

Hi Nem
Not nagging, just don't want to be forgotten:tinysmile_twink_t2:

[nemesis45]

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

@nemesis45

Hi Nem
Not nagging, just don't want to be forgotten:tinysmile_twink_t2:

Sorry Charlie no internet all day yesterday so trying to catch up.

nem

[CharlieP]

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

No probs Nem, only when is suitable for you.

Thanks
Charlie

[nemesis45]

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

No probs Nem, only when is suitable for you.

Thanks
Charlie

The team repairing the phone lines cut us off again just after may last post just to make matters worse!!

[CharlieP]

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

The team repairing the phone lines cut us off again just after may last post just to make matters worse!!

Do you want me to write a formal letter of complaint?

[nemesis45]

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

Do you want me to write a formal letter of complaint?

They've just told me our line could fail at any time the wiring underground is sold throughout the village is can break if disturbed by a truck going by the guy showed me the connection for our line and wire just disintegrated in his fingers.

So if I go off you will know why.

Will Try to catch up on all promised items this evening connection permitting.

nem

[CharlieP]

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

[MENTION=55034]nemesis45[/MENTION]

Hi Nem,
Hope your phone lines are intact. Just a gentle 'bump' in case my thread slips out of sight. I have re attached the earlier letter as a refresher.
Many thanks,
Charlie

[nemesis45]

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

@nemesis45

Hi Nem,
Hope your phone lines are intact. Just a gentle 'bump' in case my thread slips out of sight. I have re attached the earlier letter as a refresher.
Many thanks,
Charlie

Ok Charlie I will have to do the draft of line just in case the line fails again .

nem

[CharlieP]

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

Thanks Nem.

[nemesis45]

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

Thanks Nem.

Hello Charlie

Back online at last, tried using mobile but have difficulties using a small key pad.

Ok.

Private & Confidential.

For the Personal Attention of:
Mr Najib Nathoo ( Director)

Robinson Way Ltd;


Ref: Us theirs on the letter.
Re: CC Claim No. .......................................
Claimant Hoist Portfolio Ltd.

Formal Complaint:

Dear Mr Nathoo,

On date................... I sent a request made under the provisions of sections 77/78 of CCA 1974 (as amended) to .........for a copy of the CCA 1974 regulated agreement relating to the account from which the alleged debt which is subject to this claim.

I have now received a letter dated............ from Robinson Way regarding the statutory fee Postal Order for £1.00 which is clearly marked " For Statutory Fee Only" however Robinson Way has allocated the payment to the account without my specific authorisation.

Having researched some of the " activities " of debt purchasers and their associated companies one can only come to one conclusion that this misappropriation of the statutory fee has a single purpose i.e. alleging an acknowledgment of liability for the alleged debt.

I require that Robinson way removes this wrongly allocated payment from its records and if the fee is not required by Robinson Way for the provision of the CCA it must be returned to me forthwith.

Please not the allocation of the fee to the alleged debt and it's subsequent return to me no way affects the requirements for Hoist Portfolio or Robinson Way to provide the requested agreement within the statutory timescale of 12 + 2 working days failure to comply results in the alleged debt becoming unenforceable until a complaint agreement or reconstituted agreement is supplied.

If it is the case that Hoist Portfolio does not have the agreement in its possession and has no reasonable prospect of obtaining the document it should discontinue the claim.

You are reminded that the wrongly allocated fee has no affect in relation to the provisions of section 5 of the Limitation Act 1980.
Also my research has uncovered other claims in process which have been treated in the same way I will be making a statement to the FCA on the conduct of Hoist Portfolio and Robinson Way in regard to this matter which will also be brought to the attention of the court in due course.

I am aware that a Formal Complaint allows the recipient 56 calendar days to investigate and respond to the complaint, given the seriousness of the complaint and the pending court hearing I would expect a prompt reply and resolution of this matter.

yours etc.


Use signed for post, check and printout receipt and signature.


Once again apologies for the delay Charlie.

nem

[CharlieP]

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

[MENTION=55034]nemesis45[/MENTION]

Can't thank you enough. So, so appreciated - we wouldn't of known where to start.
I guess it's best to include a proper signature for this even though they have shown how underhand they are?

Charlie P

[nemesis45]

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

[QUOTE=CharlieP;639091]@nemesis45

Can't thank you enough. So, so appreciated - we wouldn't of known where to start.
I guess it's best to include a proper signature for this even though they have shown how underhand they are?

Hello Charlie,

Happy to help.

Yes you must sign properly. Signature lifting is urban myth rather than fact.

nem

[CharlieP]

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

It's getting nearer the date so I guess I must file my defense. Could someone please run through it for me? Anything in bold I am unsure of.
Many thanks in advance.

Defence
1: I received the claim C2AL376R from Northampton County Court on 17^th March 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from MKDP LLP or Barclaycard? to Hoist Portfolio Holding 2 Ltd ***NO DATE PROVIDED ON THE PARTICULARS OF CLAIM, Please see attached*****. The Defendant does not recall receiving notice of this assignment.

7. It is denied that BARCLAYCARD OR MKDP LLP? served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 17^th March 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen & Co. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Howard Cohen & Co has not sent any of these documents to me.

10. On the 17^th March 2016 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section s78of the Consumer Credit Act 1974 along with the statutory £1 fee. ****This was returned to me and subsequently I sent the request & fee on to Howard Cohen who gave it to Robinson Way who banked it as a payment to the account despite it saying Statutory fee only on the PO. Should I fit that in here somewhere?******

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5) but they have not responded. ***this isn’t quite right, please see the attached letter from RW saying that they will grant me a further 14 days. Shall I enter that here?*****

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....
Thanks, Charlie

[CharlieP]

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

:bump: Anyone? Please?

I need to get this in today.