**DISCONTINUED**Hoist Portfolio Holding 2 ltd vs Asdaq

[Diana M]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

do I put in a defence best on failure to proved the documents requested if they can't agree to an extension by then?

You may wish to include in your Defence that you believe the debt to be Statute Barred too

I see no reason to lament the fact that they didn't agree to an extension of time to file your Defence.

My firm's attitude is to get on with things without giving the Claimant any extra time to come up with the goods which they should have had in their possession before they issued the claim in the first place.

Di

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello Nem,

Many thanks..i'll work on it straight away

regards
Asdaq

- - - Updated - - -

Hello Di

Many thanks,I'll work on it..

regards
Asdaq

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE No: xxxxxx
BETWEEN:
Hoist Portfolio Holding 2 Ltd CLAIMANT
- and -
MR. xxxxxxxxxxxx DEFENDANT

Defence

1: I received the claim xxxxxxxxxx from the Northampton County Court on 19 SEP 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holding 2 Ltd but doesn’t specify when. The Defendant does not recall receiving notice of this assignment.

7. It is denied that MKDP LLP 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.

8: On the 26/09/2016, I sent request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. by recorded delivery. I requested the Claimant provide copies of the Agreement, Default Notice and Assignment.

9. Howard Cohen and Co. has not sent any of these documents to me.

10. On the 26/09/2016 I sent a formal request by recorded delivery for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s 77(4) / s 78(6) Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have not been able to put this in writing.

13. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.
17. Last but not least, I believe the debt is statute barred.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed
xxxxxxxxxx

Date
21/10/2016


-----------------------------------------------------------------------------------------------

[charitynjw]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

11. The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s 77(4) / s 78(6) Consumer Credit Act 1974 cannot enforce the agreement.

11. The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

17. Last but not least, I believe the debt is statute barred.

Imho this needs some work.

[nemesis45]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Further to [MENTION=38161]char[/MENTION]itnjw post .

7. MKDP would not send Default Notice, the original creditor will have done this.

What are the grounds for stating the alleged debt is statute barred? no payments or written acknowledgments having been made in more than six years?

nem

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

7.HSBC may have sent it but i have no proof of whether it was sent or not...

No payments or written acknowledgements in more than 6 years

[monoko]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

would the above work? would court really order anything acting upon such request?

I believe they (BCC court) do not even read defence (neither claim for that matter) - they just let the process run through its course and if it goes to hearing then the judge on the day will have a look at whatever documents are on the table and give a verdict "on the balance of probabilities" (or something like that)

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello there,

Its been a month since i sent in my defense.I got a letter from the court today saying,"Notice of proposed allocation to the small Claims Track". Apparently, i must complete the small claims directions questionnaire (form N180) by 9 December 2016..Any suggestions of my way forward?

Any help would be appreciated..

[nemesis45]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello there,

Its been a month since i sent in my defense.I got a letter from the court today saying,"Notice of proposed allocation to the small Claims Track". Apparently, i must complete the small claims directions questionnaire (form N180) by 9 December 2016..Any suggestions of my way forward?

Any help would be appreciated..

Fill in and send a copy of the N180 to claimants solicitors and the court keeping a copy for yourself.

If you have trouble with the questions please come back here.

nem

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello again,

About filling in the N180 form...
1. Do i agree to the case being referred to the small claims mediation service?
2. Is "the small claims track" my best option?
3. should i go ahead with mediation even though i finally got an extension from howard cohen although the(( letter came a day after my deadline for the defence(21/10/2016)...i got the letter on 22/10/2016

[nemesis45]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello again,

About filling in the N180 form...
1. Do i agree to the case being referred to the small claims mediation service?
2. Is "the small claims track" my best option?
3. should i go ahead with mediation even though i finally got an extension from howard cohen although the(( letter came a day after my deadline for the defence(21/10/2016)...i got the letter on 22/10/2016

Good morning:

1.Yes
2.Yes
3. You will receive " small claims mediation service questionnaire " later which is when the decision to mediate is really made, if you don't have all the documents to enable the appointment to go ahead then it will not go forward.

nem

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Many thanks Nem..

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

I filled -in nd sent back the small claims mediation form I received from the court..got a call from the mediation team a few days ego..who asked if I had all I needed to continue with the mediation service(over phone).. I told them that"I didn't because,I still hadn't received the documents I requested from the claimant...I was then told that mediation was nolonger possible and that the case would proceed to my local court..I was also advised to get intouch with the claimant & try to get the documents..where do I stand if I never get anything from the claimant?

Any advice would be appreciated.
Many thanks

[nemesis45]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

I filled -in nd sent back the small claims mediation form I received from the court..got a call from the mediation team a few days ego..who asked if I had all I needed to continue with the mediation service(over phone).. I told them that"I didn't because,I still hadn't received the documents I requested from the claimant...I was then told that mediation was nolonger possible and that the case would proceed to my local court..I was also advised to get intouch with the claimant & try to get the documents..where do I stand if I never get anything from the claimant?

Any advice would be appreciated.
Many thanks

Your local court will be in touch with you with a judges directions as to how and what happens next.
If the claimant has not responded to your defence the claim will be stayed (suspended) , if the claimant fails to comply with the CCA request then the debt is rendered unenforceable until the agreement or a compliant reconstituted one is provided.
nem

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Many thanks Nem...we'll keep you updated