** DISCONTINUED ** Hoist Portfolio2 vs Offthelip

[Offthelip]

Many thanks for all your previous help to file my defence. I returned the DQ questionnaire agreeing to mediation which shows on mcol as filed on the 19/05. I have still received no paperwork to confirm what the debt is from Hoist or Harold Cohen. I have had no further contact from the court or the claimant. Do I just sit tight now or can I make the claimant produce docs or stay/ set aside the claim?

[Offthelip]

Re: Hoist Portfolio2 vs Offthelip

Please can anyone advise if I need to do anything or just wait?

[Diana M]

Re: Hoist Portfolio2 vs Offthelip

I returned the DQ questionnaire agreeing to mediation which shows on mcol as filed on the 19/05. I have still received no paperwork to confirm what the debt is from Hoist or Harold Cohen. I have had no further contact from the court or the claimant.

Is this the claim on your other thread here > http://legalbeagles.info/forums/show...906#post652906

What you need is a status update from NCCBC before you can decide your next steps.

Did Howard Cohen send you a copy of their DQ (they should) so you can see if they also ticked the box for Mediation. It takes two to Mediate

If they did, then the next thing you'll hear is an email from the Mediation Service giving you a provisional date and asking you to answer a few questions.

If the Claimant didn't agree to Mediation then the next thing which will happen is the claim will be transferred to your local county court and they will sent you a Notice of Allocation (to the Small Claims Track I presume because the court free Mediation isn't available for Fast Track claims) and Directions, which is a timetable of what both the Claimant and Defendant must do and when to do it by. Such as filing a Witness Statement, paying the hearing fee (Claimant's problem not yours) and anything else the court wants.

So ring NCCBC and ask them what stage the claim has reached.

Remember they are not legally trained (they're admin staff basically) so there's no point in asking them what you should do next in legal terms because you might get the wrong answer.

How much is this claim?

Di

[Offthelip]

Re: Hoist Portfolio2 vs Offthelip

Thank you so much for your reply. The claim is for under £2k. I spoke to Northampton and they said that it seemed my claim had been dropped off the system by mistake so they have put it back on and I will here from my local court shortly.

[Offthelip]

Re: Hoist Portfolio2 vs Offthelip

Please can I have help with my witness statement. It seems this debt is from an overdrawn account looking at the details given by the claimant.

[charitynjw]

Re: Hoist Portfolio2 vs Offthelip

Has the Claimant responded to your defense? (they are normally given 28 days to do so).

Have you checked the claim status with CCBC recently?

[Offthelip]

Re: Hoist Portfolio2 vs Offthelip

All I have received from the claimant is notice of allocation to the small claims track. I have spoken to mediation who said the case was not suitable as the claimant had provided no evidence. I have been given a court date by my local court and need to submit my witness statement by the 24th. I actually received two claim forms but have had the same responses to them both so have only mentioned one. That is until today. I called my local court and it seems that the claimant has paid the hearing fee on one claim but not the other which I thought was odd. Three days has passed since the deadline for the hearing fee to be paid.
So I guess I have two questions:

1. What happens to the claim where the hearing fee has not been paid?

2. Can anyone put me in the right direction to compile my witness statement please? The Particulars of claim are as below and I have received no evidence from the claimant. I had accounts with HSBC many years ago but don't recognise the numbers given.

" The claim is for the sum of £11**.** in respect of monies owing pursuant to an overdraft facility under bank account number ******/********
The debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and the notice has been served. The defendant has failed to repay overdrawn sums owing under terms and conditions of the bank account.
The claimant claims
1. The sum of £11**.**
2. Interest pursuant to s69 of the county court act 1984 at a rate of 8 percent from the 19/02/10 to the date hereof 2189 is the sum of £55*.**
3. Future interest at the daily rate of £ .25
4, Costs

Any help would be really appreciated. I cannot thank you enough for helping me to get this far.

[Diana M]

Re: Hoist Portfolio2 vs Offthelip

All I have received from the claimant is notice of allocation to the small claims track.

. . . . I have been given a court date by my local court and need to submit my witness statement by the 24th. I actually received two claim forms but have had the same responses to them both so have only mentioned one. That is until today. I called my local court and it seems that the claimant has paid the hearing fee on one claim but not the other which I thought was odd.

If you have received a second claim can you start a seperate thread for that one because it's not possible to make the same suggestions for two different sets of circumstances.

Di

[Offthelip]

Re: Hoist Portfolio2 vs Offthelip

I have done some more digging and it seems that both claims will be looked at in one hearing. Hence why only one hearing cost was paid by the claimant. I could really do with some help with my witness statement which must be in this week. As the claims are both identical I will be using the same WS for both claims. Many thanks for all your help so far. All the examples on here seem to relate to CCA which is not valid in my case as they are overdrafts.

[Amethyst]

Re: Hoist Portfolio2 vs Offthelip

Have the court actually stated the hearing is for both separate claims? Or have they ordered the claims be amalgamated ?

[Offthelip]

Re: Hoist Portfolio2 vs Offthelip

I am waiting for confirmation from the court. Both claims had the exact same time and date for the hearings. Only the hearing fee for one claim has been paid. I think Hoist are going for the buy one get one free option!

Either way I need to follow the order on the notice of allocation and have my witness statements in by Thursday. Any help would be much appreciated.

[Amethyst]

Re: Hoist Portfolio2 vs Offthelip

Hmmm, they can't just do that - they would need to apply to have the claims joined or the court would have to order it - so be interested to know what the court says.

The hearing notice only mentions the one Claim Number ?

Have you made any start on your WS as yet ? Some examples as starting points here http://legalbeagles.info/forums/show...ness-Statement

[Offthelip]

Re: Hoist Portfolio2 vs Offthelip

I had two separate letters for the hearing notice, they have different claim numbers but the same judge, time and date on them.

Here is my witness statement so far:

IN THE **************** COUNTY COURT


Claim No. **************

BETWEEN:
Hoist portfolio holdings 2 ltd
Claimant
- and –
Defendant
*************
_________________________________

WITNESS STATEMENT OF ******************
_________________________________



I ************** of ************** being the Defendant in this case will state as follows;


1: I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2: On **/02/ 2016 I made a written request to the Claimant solicitors, Harold Cohen and Co of Suite 1B Josephs Well, Hanover Walk, Leeds, W Yorkshire, LS3 1AB, requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

3: On **/03/2016 I received a letter [EXHIBIT B] from the Claimants stating that they are currently in the process of retrieving the documents.

4: On **/04/2016 I sent a letter to Hoist Portfolio Holdings 2 Ltd of R/O First Floor, Le Masurier House,Le Rue Le Masurier, St Helier, Jersey JE2 4YE advising that the debt was outside of the statute of limitation according to the dates given in the Particulars of the claim. [EXHIBIT C]

5: On **/05/2016 I received a copy of the Directions Questionnaire from Harold Cohen advising that this clarifies the situation. [EXHIBIT D]

6: Therefore I believe the claimant does not have in its possession any documents that can give any further information to prove the debt. Until such documents are produced I cannot defend my case.


Statement of Truth

I, *********, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

[Amethyst]

Re: Hoist Portfolio2 vs Offthelip

Ahhhh. Okay you will need to do two witness statements then. If the claims are identical then it should be quite straightforward to do that.

I might start off the Witness Statement detailing what the claim is, when you received it, any preaction stuff and that you don't recognise the debt/needed information as the particulars were so vague, before launching into the letters you sent ...

On this

5: On **/05/2016 I received a copy of the Directions Questionnaire from Harold Cohen advising that this clarifies the situation. [EXHIBIT D]


How did it clarify the situation with regards statute barring ? What did they put in the DQ ?

[Offthelip]

Re: Hoist Portfolio2 vs Offthelip

"How did it clarify the situation with regards statute barring ? What did they put in the DQ ?" This was the wording in the letter they sent to me along with the copy of the DQ.

Here is my updated WS. Please can you have a look as I will need to send it off today. Again than
kyou so much for all your help in this.

IN THE **************** COUNTY COURT


Claim No. **************

BETWEEN:
Hoist portfolio holdings 2 ltd
Claimant
- and –
Defendant
*************
_________________________________

WITNESS STATEMENT OF ******************
_________________________________



I ************** of ************** being the Defendant in this case will state as follows;


1: I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.
2: On **/02/2016 I received a County Court Claim form from Hoist Portfolio Holdings 2 Ltd for the sum of £11**.** in respect to monies owing Pursuant to an overdraft facility under bank account number 40****/*********.
3: I have previously held an account with HSBC but it was so long ago I do not hold any paperwork to identify these accounts and to my knowledge it was closed with no outstanding balance.

2: On **/02/ 2016 I made a written request to the Claimant solicitors, Harold Cohen and Co of Suite 1B Josephs Well, Hanover Walk, Leeds, W Yorkshire, LS3 1AB, requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A] to enable me to identify the debt.

3: On **/03/2016 I received a letter [EXHIBIT B] from the Claimants stating that they are currently in the process of retrieving the documents.

4: On **/04/2016 I sent a letter to Hoist Portfolio Holdings 2 Ltd of R/O First Floor, Le Masurier House,Le Rue Le Masurier, St Helier, Jersey JE2 4YE advising that the debt was outside of the statute of limitation according to the dates given in the Particulars of the claim. [EXHIBIT C]

5: On **/05/2016 I received a copy of the Directions Questionnaire from Harold Cohen advising that this clarifies the situation. [EXHIBIT D]

6: Therefore I believe the claimant does not have in its possession any documents that can give any further information to prove the debt. Until such documents are produced I cannot defend my case.


Statement of Truth

I, *********, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: