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

[stevethewogiebear]

Hi, I received a court claim from Hoist Portfolio Holdings 2 on 10 June 16. I read through the posts/advice and sent back letters with my one pound postal orders and salon to their solicitors asking for the required information.
These have been sent back by Robinson way with one letter stating account closed and to refer to principal. the other came back via Robinson even though it was sent to Hoist, saying that it was with their solicitor (Cohen's). The solicitors still have not responded.

I have phoned the court number and they are still pursuing the claim even though they have not sent the information requested (they have not said to the court this is on hold).

Please could I have a bit of advice as to what I can put in the defense. Am I right in assuming I have to post the letters I sent onto the court web site (plus postal evidence) with a letter saying I have asked for the various documentation and they have not sent it.

I have to reply by next Friday so am getting a bit worried that I am being forced to leave it very late. Am I going to have to pay the fee to submit this defense too?

Regards

stevethewogiebear

[Kati]

Re: Robinson way/Hoist Portfolio court action

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[Diana M]

Re: Robinson way/Hoist Portfolio court action

In order to decide how to defend the claim can you say what is being claimed and why. It should be spelt out in the Particulars of Claim section on the front page of the summons (N1)

Who was the original creditor and when did you open the account (before or after April 2007 will be relevant)?

Do you recognise the debt as being for a credit card, overdraft, personal loan, car finance, catalogue or any other kind of credit.

Can you say how much the claim is for because different amounts follow different court routes (is it over or under £10k).

Di

[stevethewogiebear]

Re: Robinson way/Hoist Portfolio court action

In order to decide how to defend the claim can you say what is being claimed and why. It should be spelt out in the Particulars of Claim section on the front page of the summons (N1) claim is for £8663 in respect to Tesco account credit card saying notice served (not to my knowledge) have asked for all what was mentioned on the claim form, so far have received nothing, they even returned my postal orders

Who was the original creditor and when did you open the account (before or after April 2007 will be relevant)? think it was around this time, not sure for definite

Do you recognise the debt as being for a credit card, overdraft, personal loan, car finance, catalogue or any other kind of credit. credit card

Can you say how much the claim is for because different amounts follow different court routes (is it over or under £10k). £12817.36 inc fees and interest

Di

sorry having to add more text as it will not allow me to reply-probably doing something wrong

- - - Updated - - -

thanks Katie, just responded to the post from Diana (still getting used to the site) Any help advice is really appreciated.

[Diana M]

Re: Robinson way/Hoist Portfolio court action

sent back letters with my one pound postal orders and salon to their solicitors asking for the required information.
These have been sent back by Robinson way with one letter stating account closed and to refer to principal. the other came back via Robinson even though it was sent to Hoist, saying that it was with their solicitor (Cohen's)

At least you now have a letter acknowledging that your s.78 CCA Request to Hoist has been received by them otherwise how could Robinson Way have sent it back to you

Have I understood that correctly?

The date this account was opened may become crucial. Have you any way of pinpointing that? Sometimes the Claimant will refer to the agreement start date in the POC (N1).

Di

[stevethewogiebear]

Re: Robinson way/Hoist Portfolio court action

At least you now have a letter acknowledging that your s.78 CCA Request to Hoist has been received by them otherwise how could Robinson Way have sent it back to you

Have I understood that correctly? yes that's what I thought too

The date this account was opened may become crucial. Have you any way of pinpointing that? Sometimes the Claimant will refer to the agreement start date in the POC (N1).
Di, its not mentioned in the claim form, it just says that it was originally for Tesco finance and that notice had been served and that a default notice was also served pursuant to s.87(1)CCA.

Di

Help, I'm still not sure what to put in, Thanks

[stevethewogiebear]

Re: Robinson way/Hoist Portfolio court action

Di, another thing, Robinson phoned me twice since I filled in the notice of service, although I didn't take the call-they can only have got my number through the form.

Would it be wise to phone their solicitors to ask for the information that I requested in a letter to them? they have still not sent the information asked for either?

Thanks
s

[charitynjw]

Re: Robinson way/Hoist Portfolio court action

Just to be clear, did you acknowledge the claim with Northampton court?

[stevethewogiebear]

Re: Robinson way/Hoist Portfolio court action

I just filled in the notice of service saying I intend to defend the claim along with my letters to robinson, hoist and cohens

[stevethewogiebear]

Re: Robinson way/Hoist Portfolio court action

I have phoned the court this morning and they say I have until 4pm on Monday 18th July 16 to file a defence. I received a letter from Robinson way saying they agree to a general extension of time and giving a further 14 days. this appears untrue as the court clerk said the claim was not on hold and that they had no knowledge to an extension, and that I would have to file my defence before Monday 4pm. I mentioned sending an e-mail/letter and was informed the defense had to be filed first and that the letter may be a tactic to get a judgment against me by not filing within the 28 days from service.

Now I still have not had any documents under s78 or CPR31. can I file my defence on both counts of not having received the relevant documents?
Please help, I'm very exasperated now and could do with some good advice regards to a defence.
Thanks all s

[stevethewogiebear]

re -court claim robinson way update

Re: Robinson way/Hoist Portfolio court action

I have phoned the court this morning and they say I have until 4pm on Monday 18th July 16 to file a defence. I received a letter from Robinson way saying they agree to a general extension of time and giving a further 14 days. this appears untrue as the court clerk said the claim was not on hold and that they had no knowledge to an extension, and that I would have to file my defence before Monday 4pm. I mentioned sending an e-mail/letter and was informed the defense had to be filed first and that the letter may be a tactic to get a judgment against me by not filing within the 28 days from service.

Now I still have not had any documents under s78 or CPR31. can I file my defence on both counts of not having received the relevant documents?
Please help, I'm very exasperated now and could do with some good advice regards to a defence.
Thanks all s

[nemesis45]

Re: Robinson way/Hoist Portfolio court action

I have phoned the court this morning and they say I have until 4pm on Monday 18th July 16 to file a defence. I received a letter from Robinson way saying they agree to a general extension of time and giving a further 14 days. this appears untrue as the court clerk said the claim was not on hold and that they had no knowledge to an extension, and that I would have to file my defence before Monday 4pm. I mentioned sending an e-mail/letter and was informed the defense had to be filed first and that the letter may be a tactic to get a judgment against me by not filing within the 28 days from service.

Now I still have not had any documents under s78 or CPR31. can I file my defence on both counts of not having received the releva
Please help, I'm very exasperated now and could do with some good advice regards to a defence.
Thanks all s

Hi,
The " Rule " is that you must inform the court in writing of any extension, the claimant does Not inform the court.
Personally I would file a couple of days before the deadline,. RW want the extension in the hope of coming up with the documents to backup the claim.
As implied by the court RW cannot be trusted.
No agreement no enforcement.

nem

[Amethyst]

Re: re -court claim robinson way update

Any extension to filing the defence is an agreement between parties, and you just formally notify the court. Read ->http://legalbeagles.info/forums/show...filing-defence
Court clerks wouldn't know anything, but if the claimant did file for default judgment in the extension period you could get it overturned quiet easily for breaching the agreement. Something you should understand is that default judgment is not just applied by the court if you are late with your defence, the claimant has to APPLY for default judgment.

Otherwise you can just sort out your defence - this is a credit card with no documentation so look at the standard defence - Defence Example

[nemesis45]

Re: re -court claim robinson way update

Any extension to filing the defence is an agreement between parties, and you just formally notify the court. Read ->http://legalbeagles.info/forums/show...filing-defence
Court clerks wouldn't know anything, but if the claimant did file for default judgment in the extension period you could get it overturned quiet easily for breaching the agreement. Something you should understand is that default judgment is not just applied by the court if you are late with your defence, the claimant has to APPLY for default judgment.

Otherwise you can just sort out your defence - this is a credit card with no documentation so look at the standard defence - Defence Example

[MENTION=6]Amethyst[/MENTION] There are two threads running on the same subject merge??

nem

[stevethewogiebear]

Re: re -court claim robinson way update

@Amethyst There are two threads running on the same subject merge??

nem

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