**DISCONTINUED**- Hoist Portfolio Holdings 2 Ltd/Howard Cohen

[Nomoneynoproblem]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Furthermore, I received an update from the Court and I quote

your email of 2nd August 2016 was put before Judge who has commented as follows: " No directions to give matters referred cannot be dealt with on a letter - directions given on the 3rd August 2016 remain applicable".

I think reading from this he is saying I need to make a formal application.

what do you guys think.

[charitynjw]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

An application will cost you.

It might be an idea to write to the claimant's sols first, requesting that they discontinue/withdraw.
[MENTION=55034]nemesis45[/MENTION].......what do you reckon?

[nemesis45]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Good Afternoon Nem

That's how bad the T&C's are. Reposting them won't make any difference in terms of legibility.

Then the whole thing is not compliant with the CCA request it's not easily legible in all parts and imo it's not complete.

Did this come from Hoist direct or from Cohen?

nem

[nemesis45]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Then the whole thing is not compliant with the CCA request it's not easily legible in all parts and imo it's not complete.

Did this come from Hoist direct or from Cohen?

nem

Can't edit again!!

Write to Cohen along the lines of>>


H Cohen & Co Solicitors
Address on Claim Form


Date

Re: County Court Claim No:........................................
Your Client: Hoist Portfolio Holdings 2 Ltd

Dear Sir/ Madam,

I refer to the above mentioned claim and documents purporting to be a " reconstituted " copy of the agreement from which the alleged debt which arises.

The document provided as Howard Cohen & Co an Hoist must be fully aware do not comply with the requirements of CCA 1974 nor does it comply with the requirements for
a reconstituted agreement.

This document is therefore rejected and formally disputed..

I suggest that you now refer to your client and advise them to withdraw/discontinue the claim as it has no reasonable chance of success and it would be a considerable saving of costs and court time.

If your client decides to continue this claim it will be robustly defended or I will make an application to the court for the claim to be struck at your clients cost on the grounds stated above.

A prompt reply would be appreciated.

Use signed for post check delivery date and signature.

You can send a copy to Hoist as well if you wish.

nem

[Nomoneynoproblem]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Then the whole thing is not compliant with the CCA request it's not easily legible in all parts and imo it's not complete.

Did this come from Hoist direct or from Cohen?

nem

It came from Cohen as part of there amended claim.

[Nomoneynoproblem]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Thanks Nem

I will send this off first thing Monday morning. My other question is should I start to prepare my friends amended defence in response to the Claimant and then follow it up with Witness Statements.

[nemesis45]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

It came from Cohen as part of there amended claim.

Hi,

You cannot possibly be expected to reconcile that rubbish with any account you held with the original creditor I for one cannot read any of it.

It's an appalling a abuse to stick someone's name and address on that and attempt to con you into believing it's a compliant recon agreement.

It would be worth I think sending a copy to the FCA with a covering letter and maybe to the SRA as well Cohen has been in business long enough to know this does not stand scrutiny.

nem

[Nomoneynoproblem]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Update

Letter sent as advised by Nem.

I will start to draft the amended defense and Witness statement just in case.

Regards

[Nomoneynoproblem]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Quite update.

HC have not responded to my letter. Now in the process of completing witness statement as time is running out.

Regards

NMNP

[nemesis45]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Quite update.

HC have not responded to my letter. Now in the process of completing witness statement as time is running out.

Regards

NMNP

#

Hi NMNP when did they receive the letter?

nem

[Nomoneynoproblem]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

#

Hi NMNP when did they receive the letter?

nem

Hi Nem

it was signed for on 12th August.

Kind Regards

[nemesis45]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Hi Nem

it was signed for on 12th August.

Kind Regards

Good morning,

The 12 +2 Working Days starts from 26/08.

nem

[sloane82]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Ok sounds a little odd, was there, PPI on this credit card, what was the debt for, credit card charges etc, when was the card, taken out?

[Nomoneynoproblem]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Good morning,

The 12 +2 Working Days starts from 26/08.

nem

Hi Nem

I don't understand. The trial date has been set for 16th Sept and Witness statement need to be in within 14 days of the hearing date.

Regards

- - - Updated - - -

Ok sounds a little odd, was there, PPI on this credit card, what was the debt for, credit card charges etc, when was the card, taken out?

Yes there was PPI the debt was for credit facilities and card was taken out in 1997

[Diana M]

Re: What to do next - Hoist Portfolio Holdings 2 Ltd/Howard Cohen

Hi Nem
I don't understand. The trial date has been set for 16th Sept and Witness statement need to be in within 14 days of the hearing date.

Which from what you say would be 2nd September (this Friday) or in other words the day after tomorrow.

Di