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

[pt2537]

Re: Robinson way/Hoist Portfolio court action

8. It is denied that Tesco Personal Finance PLC (EX Tesco Finance) 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.

Id perhaps also add, the Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983

Just as a second paragraph, to cover all bases

[stevethewogiebear]

Re: Robinson way/Hoist Portfolio court action

Thanks pt. small amendment then, phew, then I will file.

Again, thanks to you all, much appreciated

Steve

[stevethewogiebear]

Re: Robinson way/Hoist Portfolio court action

Hi all, just filed a defence. In the end I had to send by e-mail to the court after having not been able to upload the word documents (after getting advice from the court clerk-apparently the online page for filing the defence does not like copy and paste and has a wobbly fit then saying error. It also does not allow more than 122 lines of text including spaces-the other advice was to type it in manually). The clerk also said to not carry on with the online defence part if e-mailing the defence.
For the record to anyone who has to file a defence via e-mail it is; ccbcaq@hmcts.gsi.gov.uk and one has to put in claim response and the claim number in the e-mail subject box.

Again, thanks to you all, will let you know how it goes.
:stars:
Steve

[stevethewogiebear]

recieved a fast track allocation

Hi all, thanks for all the help to date.

Further to my previous questions and posts, I have received a letter from the court allocating it to fast track.

Do I need to fill this in citing the reasons stated in my defence and the fact that Hoist portfolio still have not responded with any evidence etc..

Regards

Steve

[stevethewogiebear]

re-Hoist Court claim-saying it is still pending

Hi All, I was last on over a year ago saying that the claim against me by Hoist Portfolio Holding 2 Ltd had been thrown out and I believed closed (they had not responded to my defence in the time allowed).

5 days ago I received a letter from their solicitors Howard Cohen saying they were sending me an update on this pending claim.

The letter says that the interest claimed was not appropriate and has been reduced.

Does this mean that they can re-start the claim? I'm a bit confused. Is this another scare tactic.

please give me some idea of where to go now?

Thanks Steve

[Amethyst]

Re: re-Hoist Court claim-saying it is still pending

Was the claim ever discontinued or struck out, or simply stayed because Hoist hadn't responded to your defence in time? If stayed they can apply to the court to pick up the claim again - have they ever provided you with documents following your CPR and CCA requests?

Be interesting to see what their original interest calculation was and what they have changed if you could post it.

[Amethyst]

Re: re-Hoist Court claim-saying it is still pending

Just having a mooch through your previous posts

What happened with the fast track allocation? You don't normally get an allocation/directions questionnaire ( N181?) unless the claim is proceeding.

Is the rest of the case this thread? http://legalbeagles.info/forums/show...837#post662837

[stevethewogiebear]

Re: re-Hoist Court claim-saying it is still pending

I would have to look for the letters but my memory thinks it was thrown out. I did receive a letter from the dept recovery people saying they wouldn't be proceeding.

the amount due they originally said was £9173.00 and that this has been reduced to £8663.00 (8663.00 +410+100 fixed cost and fees).
I will try to post later

thanks Steve

[Amethyst]

Re: re-Hoist Court claim-saying it is still pending

Thanks. I'm wondering if it was a miscalclulation on the statutory interest @ 8% when they filed in court, or if there was an issue with the original debt ( Tesco credit card) and their application of interest.

[stevethewogiebear]

Re: re-Hoist Court claim-saying it is still pending

Amethyst, yes that was the original thread. And they never did send me any documents following the CPR and CCA request.

- - - Updated - - -

the letter says it was not appropriate for statutory interest to be claimed and added to the account

[Amethyst]

Re: recieved a fast track allocation

Merged threads and moved to court claim forum just for ease of checking the background.

Once you have the letters, if you can find them, we'll have a better idea - if you can't find them it may be worth giving the court a call to check the status of this claim.

Still be good to see their most recent letter re the interest issue.

[stevethewogiebear]

Re: recieved a fast track allocation

Amethyst how do I attach a pdf

[Amethyst]

Re: recieved a fast track allocation

Go advanced ( under Quick Reply ) then use the paperclip - if the file is too big it will fail though - if it's easier you can email it me sharon@celame.co.uk

[stevethewogiebear]

Re: Robinson way/Hoist Portfolio court action

hopefully its attached

[Amethyst]

Re: Robinson way/Hoist Portfolio court action

Yip.

Soooo originally the claim ( total ) was over £12k ?( going off earlier posts) - the actual debt was £8663 and the rest was the statutory interest ( now removed) - it was then allocated to fast track - so in essence removing that £4k interest brings it into small claims track? Normally they can claim 1 year - or since the debt was assigned to them, £4k stat interest sounds like they added it since the debt initially defaulted?
Have you got the original POC ?
I'd also give the court a call to check the status of the claim - if it was struck out / stayed for not returning directions questionnaire? or if they discontinued.