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

[Diana M]

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

First of all, well done you for keeping your cool under fire

Lesson No 1: if you're going to rely on case law always take three copies of the judgment with you to court (one for you, one for the other side, and one for the DJ). The general idea of a court hearing is that both sides put forward their arguments in an effort to persuade the DJ which one of you is right. The Judge can't do your job for you, or for the other side for that matter.

Treat today as a dress rehearsal so you will be better prepared next time.

As you say, you survived to fight another day. You should be proud of that.

Di

[Nomoneynoproblem]

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

Thanks Diana

it was a harsh lesson as I could have had this wrapped up today. I will await Cohen's next move.

Regards

Addy

[Diana M]

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

Did the DJ reserve the case to him so that when the hearing is re-listed it'll be in front of him again?

It's hard to second guess why he adjourned it, but maybe he knew that if he dismissed your Defence and gave you a CCJ there's the potential for you to appeal his decision on a point of law which is embarrassing for him if nothing else.

So he decided to 'kick it into the long grass' (adjourn) for someone else to deal with the problem at a later date.

Di

[Linus]

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

Isn't it bad that someone sitting as a judge does not know the basics of the law that they will be making a decision on. Surely Carey is consumer credit 101

Then with the absence of legal aid or CFA's for lower value claims there will be an increase in LiP, I was under the impression that judges were supposed to be more LiP friendly although maybe this was the case when adjourning to give you the chance to get the judgements

[Nomoneynoproblem]

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

Did the DJ reserve the case to him so that when the hearing is re-listed it'll be in front of him again?

It's hard to second guess why he adjourned it, but maybe he knew that if he dismissed your Defence and gave you a CCJ there's the potential for you to appeal his decision on a point of law which is embarrassing for him if nothing else.

So he decided to 'kick it into the long grass' (adjourn) for someone else to deal with the problem at a later date.

Di

I think he adjourned because there were inconsistencies in the Claimants POC and Witness statement and also some other issues which I could not evidence on the day. He has asked the Claimant to go and amend their defence not sure how they can do that. He was also annoyed that the other side were 9 days late in submitting their Witness statement having had access to mine.

Let's see what they come up with now.

- - - Updated - - -

Isn't it bad that someone sitting as a judge does not know the basics of the law that they will be making a decision on. Surely Carey is consumer credit 101

Then with the absence of legal aid or CFA's for lower value claims there will be an increase in LiP, I was under the impression that judges were supposed to be more LiP friendly although maybe this was the case when adjourning to give you the chance to get the judgements

It was difficult to tell. I think I also made a mistake when he asked me what law am I going with. I should have stated s61 rather than relying on Carey.....I think that was fatal on my part.

[Nomoneynoproblem]

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

Update!

Received another amended defence from Claimant as per Judge's direction- the amended defence is exactly the same as per original albeit they have changed the date the credit card was taken out info the learnt from the original hearing. They have not attached any evidence does this mean they plan to rely on the original evidence.

I need to submit an amended defence by the 14th and am not sure what I need to add.

Any help will be much appreciated.,

[nemesis45]

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

Update!

Received another amended defence from Claimant as per Judge's direction- the amended defence is exactly the same as per original albeit they have changed the date the credit card was taken out info the learnt from the original hearing. They have not attached any evidence does this mean they plan to rely on the original evidence.

I need to submit an amended defence by the 14th and am not sure what I need to add.

Any help will be much appreciated.,

Hi,

Do you mean an amended Witness Statement?

Is the date of the agreement correct now?

nem

[Nomoneynoproblem]

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

Hi,

Do you mean an amended Witness Statement?

Is the date of the agreement correct now?

nem

Hi Nemesis

No it's an amended POC. The agreement date is correct at they took it off my WS.

thanks

[Nomoneynoproblem]

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

Notice of Discontinuance

Hi All

Just to update you with my sensational news. Hoist Portfolio have decided to throw in the towel. Just received a notice of discontinuance. Thank you all for your advice and support.


A very special thank you goes out to Joanne and Di without your advice and support this will not have been possible. Not to forget Nemsis as well. Thank you all. I am just sing my new song in my head right now. "When Joanne comes calling they run away" lol


Kind Regards

NMNP
:goodjob:

[Amethyst]

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

Ah haa marvellous news Well done to you, and to [MENTION=7765]Joanna C[/MENTION]; [MENTION=87380]Diana M[/MENTION]; and [MENTION=55034]nemesis45[/MENTION];

[Diana M]

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

Just to update you with my sensational news. Hoist Portfolio have decided to throw in the towel. Just received a notice of discontinuance.

You'd been struggling with this claim since February and it appeared the court process was not listening to you. Your last hearing was the final straw. At the time you posted that you lived to fight another day - and so you did.

I'm happy you got the result you deserved without the need to return to court

Di

[Nomoneynoproblem]

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

You'd been struggling with this claim since February and it appeared the court process was not listening to you. Your last hearing was the final straw. At the time you posted that you lived to fight another day - and so you did.

I'm happy you got the result you deserved without the need to return to court

Di

Thanks Di

It was a bit of a struggle but glad it's finally over.

[Diana M]

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

and PPI claim is being pursued separately.

And if your PPI claim is successful then Barclaycard must pay that refund to you not to Hoist

Di

[Nomoneynoproblem]

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

And if your PPI claim is successful then Barclaycard must pay that refund to you not to Hoist

Di

I don't think Hoist knows about that...lol