** STRUCK OUT** Robinson way/Hoist Portfolio court action

[charitynjw]

Re: re -court claim robinson way update

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: re -court claim robinson way update

Sorry Nem, I was not sure if the post would be seen or not.

I have downloaded a letter from the site about extension of time filing for a defence early this morning and amended it. I was going to send by special post but the court clerk threw me.

If this letter goes today, do I copy it to Robinsons or Hoist or Cohen's with another letter saying it was sent in response to their letter dated xxxx.

Am I right in thinking this gives me up to another 28 days in which to file a defence or do I still file one by 4pm on Monday ?

Sorry to be a pain.

Thanks for your help, much appreciated s

Not a problem, just to make sure your posts are not missed.

The letter to he court re the extension is all you need to do.
28 days from issue date on N1 claim form ( they court allows 5 days for service of the defence upon the claimant) so 33 days personally I think discount 2-3 days of that 5 due post and court delays.

nem

[stevethewogiebear]

Re: re -court claim robinson way update

sorry Nem, you must think I have lost it!
The N1 form was dated 13th June, and I filled in notice of service on 20th June. The back of the N1 says if you disagree or make a counter claim it needs to be done no later than 28 days from the date of acknowledgement of service (this means the 18th right?). The court clerk said today that as I filled in just the notice of service, the due date falls on Saturday, then my defense has to be in for next Monday by 4pm.

Sending a letter today-will this give me any more time?

Do you know how long it might take to file the defense? is it wise to mention both s78 and the CPR request in it?

Thanks S

[Amethyst]

Re: re -court claim robinson way update

Threads merged.

I think Steve you should just get your defence in. Defence Example

Else you're going to be in panic mode for the next month.

Edit the example, post it on here and we can check through it. Then you should be able to file it through Moneyclaim online.

[nemesis45]

Re: re -court claim robinson way update

sorry Nem, you must think I have lost it!
The N1 form was dated 13th June, and I filled in notice of service on 20th June. The back of the N1 says if you disagree or make a counter claim it needs to be done no later than 28 days from the date of acknowledgement of service (this means the 18th right?). The court clerk said today that as I filled in just the notice of service, the due date falls on Saturday, then my defense has to be in for next Monday by 4pm.

Sending a letter today-will this give me any more time?

Do you know how long it might take to file the defense? is it wise to mention both s78 and the CPR request in it?

Thanks S

No problem Steve,

All the dates stem from the date the claim was issued.

We can assist with a defence for you.

First there's specimen defence in [MENTION=6]Amethyst[/MENTION]s post# 19 make a draft and post here it will be picked up.

nem

[stevethewogiebear]

Re: Robinson way/Hoist Portfolio court action

Thanks Nem, I will send that letter today and file the defense tomorrow so as to not leave myself up against it.

Regards S:goodjob:

[stevethewogiebear]

Re: re -court claim robinson way update

Nem, sorry to still be a pain, the defense example is for under £10000, the claim against me is for£ 13494, can I still use this template?

Tried accessing the link with the hash tag but not sure what to do

Thanks S:notworking2"

[nemesis45]

Re: re -court claim robinson way update

Nem, sorry to still be a pain, the defense example is for under £10000, the claim against me is for£ 13494, can I still use this template?

Tried accessing the link with the hash tag but not sure what to do

Thanks S:notworking2"

Hello Steve,

The claim will probably be allocated to the " Fast Track" rather than Small Claims a more formal court process.

In which case CPR31 .14 applies, no response yet? + No response to CCA request? the content of the defence remains the same.

nem

- - - Updated - - -

Nem, sorry to still be a pain, the defense example is for under £10000, the claim against me is for£ 13494, can I still use this template?

Tried accessing the link with the hash tag but not sure what to do

Thanks S:notworking2"

Hello Steve,

The claim will probably be allocated to the " Fast Track" rather than Small Claims a more formal court process.

In which case CPR31 .14 applies, no response yet? + No response to CCA request? the content of the defence remains the same.

I have an hospital appointment in about an hour I'm sure [MENTION=6]Amethyst[/MENTION] will help you if needed.

nem

nem

[stevethewogiebear]

Re: re -court claim robinson way update

Thanks Nem, will complete a draft and send it for perusal

[Kati]

Re: Robinson way/Hoist Portfolio court action

....

[Kati]

Re: re -court claim robinson way update

Thanks Nem, will complete a draft and send it for perusal

I've been told you should add this to your defence:

7. The Claimant Company appears on the register, however the companies’ permissions to carry out regulated activities has lapsed and is no longer effective. The Claimant is therefore not authorised by the FCA for regulated activities. A copy of the FCA register is annexed to this Defence.

8. An activity is a regulated activity under Financial Services and Markets Act 2000 (FSMA) if it is “an activity of a specified kind which is carried on by way of business” and “it relates to an investment of a specified kind” (see section 22(1)FSMA).

9. “Specified” means specified by an order made by the Treasury (see section 22(5)). Activities and investments are specified for the purposes of FSMA by the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (“RAO”) (see article 4(1)).

10. Rights under a credit agreement are an investment of a specified kind for the purposes of section 22 of FSMA (see articles 73 and 88D of the RAO).

11. Article 60B(3) of the RAO defines credit agreement and regulated credit agreement: “credit agreement” means an agreement between an individual or relevant recipient of credit (“A”) and any other person (“B”) under which B provides A with credit of any amount;
“exempt agreement” means a credit agreement which is an exempt agreement under articles 60C to 60H;
“regulated credit agreement” means any credit agreement which is not an exempt agreement

12. Section 19 of FSMA prohibits a person from carrying on a regulated activity in the United Kingdom unless he is an authorised person or an exempt person (“the general prohibition”). Carrying on a regulated activity without authorisation or exemption under FSMA is an offence (see sections 19 and 23 of FSMA).

13. Section 19 FSMA States :-

19 The general prohibition.

(1)No person may carry on a regulated activity in the United Kingdom, or purport to do so, unless he is—
(a)an authorised person; or
(b)an exempt person.
(2)The prohibition is referred to in this Act as the general prohibition.



14. Section 23 FSMA states

23 Contravention of the general prohibition.
(1)A person who contravenes the general prohibition is guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both


15. The regulated activity of Debt collecting is specified by article 39F of the RAO, which provides in relation to debts under credit agreements:

Debt-collecting
39F.—(1) Taking steps to procure the payment of a debt due under a credit agreement or a relevant article 36H agreement is a specified kind of activity.
(2) Taking steps to procure the payment of a debt due under a consumer hire agreement is a specified kind of activity.
(3) Paragraph (1) does not apply in so far as the activity is an activity of the kind specified by article 36H (operating an electronic system in relation to lending).
(4) In this article, “relevant article 36H agreement” means an article 36H agreement (within the meaning of article 36H) which has been entered into with the facilitation of an authorised person with permission to carry on a regulated activity of the kind specified by that article. {Emphasis added}

16. It is clear that the Claimant has been and is continuing to seek to procure payment from the Defendant under a regulated consumer credit agreement.

17. The Claimant cannot rely on an appointed representative to carry out regulated work which requires authorisation under the FSMA as the Claimant as principal must be authorised. The Claimant clearly is not authorised under the FSMA and therefore cannot undertake regulated activities in its own name.

18. Accordingly the Court should not allow these proceedings to continue as to do so would allow the commission of an offence via the Court. The Defendant invites the Court to note the Claimant named on the Claim form is the same company that does not hold the required permissions under the FSMA. This is beyond doubt from the documents annexed to this Defence.

[MENTION=551]pt2537[/MENTION] ... do you know where can we find the docs to attach??

[pt2537]

Re: Robinson way/Hoist Portfolio court action

i do

http://fca-consumer-credit-interim.f...w?accId=652220

That should open Hoists register entry, print it off and youre good to go. the numbers will need to be changed though as they wont fit in the Defence, id also post it with a sub heading of FCA Authorisation

[pt2537]

Re: re -court claim robinson way update

Id also say that the numberin such as point 23 on my word document is actually more central as it is a quote of the legislation but with the post its all moved to the left

[Kati]

Re: re -court claim robinson way update

Id also say that the numberin such as point 23 on my word document is actually more central as it is a quote of the legislation but with the post its all moved to the left

like this

[pt2537]

Re: Robinson way/Hoist Portfolio court action

yes thats it, and the same on the s23 part, its to emphasise that the quote is not part of the pleading but referenced in it so the Court can see the point thats being made