** DISCONTINUED ** Hoist Portfolio Holding v Shinybee

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

If you're looking into an Unless order there's a bit of an example here - > http://legalbeagles.info/forums/show...order-at-court -

Thank you Amethyst that’s really helpful.

SB

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

It's not only about timing it's about the likelihood of success with an Unless Order and whether it would only spur them on to try harder to source or reconstitute documents.

At the moment both your claims are each below £10k so allocation to the Fast Track is not staring you in the face.

However take on board the fact that if you make an Application (or two) for an Unless Order the court could decide to combine the claims at that point. It's a risk.

Di

Thanks Di good point(s). I’m hoping to find the less risky path to my success

SB

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

Hi

Is there anyone who has any suggestions on what course of action I could take now, bar pay for a solicitor, as funds are very short at the moment?

SB

[warwick65]

Re: Hoist Portfolio Holding v Shinybee

Hi Shinybee

I know you have had a quote from one solicitor - or at least I think that is what you said.

Have you shopped around to see what free advice is available or how much others charge?

I appreciate when money is tight I really do but it really might be that a free consultation helps or even a fixed fee for a part of your claims.

Remember as well, if they do decide to combine the claims then it will likely be fast track and a) if you win you get your costs paid and b) if you lose you have to pay their costs so in that case a solicitor would be a no brainer.

I was talking to someone today about an account I have that is over 10K and the advice i got was, as soon as a claim drops on your doormat involve a solicitor

I have no idea , nor do I need to know who gave you a quote but if it wasn't Di's firm or PT2537's firm why not try them and see what help you can get,

It really hurts me when people are disadvantaged because they can't afford a solicitor (or it makes no economic sense)

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

Thanks warwick65. Some initial free solicitor advice sounds like a good idea. Probably best to speak to as many as possible to get a broader spectrum of opinions. Is there a list of reliable/recommended
Consumer Credit Solicitiors?

Also because all my total debts amount to nearly 30k I have thought about bankruptcy too. Is this something I’m better talking with citizenship advice about?

SB

[warwick65]

Re: Hoist Portfolio Holding v Shinybee

There is this Find a Lawyer but it doesn't mean they are recommended or guaranteed to be honest.

As for you total debt being 30K and is BR a possibility- again not something I can help with but

if you don't own assets I suspect CAB will recommend BR- that shouldn't mean it is your best option

there will also be a lot of people out there trying to sell you debt management plans or IVA's . My personal opinion is that I wouldn't touch them with your barge pole let alone mine - but again that is personal opinion

If it helps I have a significant amount of debt ( mine is bigger than yours ) and have managed most of it relatively well for the last few years . They can't get blood out of a stone however much they try.

I take recommendations from people I know and trust

[warwick65]

Re: Hoist Portfolio Holding v Shinybee

Shineybee

What i didn't explain properly was that there are very few specialist consumer credit lawyers about. Some who claim to be, also act for the other side, so personally i would not exactly trust them to act in my best interest. Equally, I would personally like someone that was not a corporate firm with a proven track record.

Did you contact either of the two firms I suggested?

As for BR - it really is a big step and one i thought of myself 5 years ago, all I can say is I am very glad I didn't as it would have been another 6 years of hell

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

Thanks for your opinion warwick65- much appreciated and I agree with you on the debt management plan front- not the way I intend to go for sure. I guess I’m just trying to see what all my options are and their implications. For instance with BR, even though my personal assets only comprise of furniture, I do have business assets in the way of stock. Also concerned about my council rented business premises being in jeopardy when renewing my contract with them etc... so if anyone has any experience/knowledge about BR I would glad to hear from you.

warwick65 I m happy to hear you’re managing your alleged debt well. When I finally stop paying min payments last year- it was such a relief from the stress of finding 500/month, but then the stress of court etc comes in... feeling so bored of it now and part of me thinks I may aswell use my unfortunate situation of not being a home owner in my favour and go BR.
Another part of me wants to explore other options- but yet to discover them. I’m intrigued to know how you have managed your situation.

[warwick65]

Re: Hoist Portfolio Holding v Shinybee

If you are a sole trader I would think that BR is a non starter for you if I'm honest

If you are a director of a limited company my quick research suggests you can not be an undischarged BR but I do not know for sure.

How have I managed my debt- by dealing with each one separately, taking the best advice from a specialist

Does your solicitor think you have a good defence? lets face it, if you do you could halve your outstanding debt in one fell swoop

I know it is stressful but it does get a whole lot easier

If a reputable solicitor thinks you have a case i would engage them. There are times when you just have to trust

[Guest]

Re: Hoist Portfolio Holding v Shinybee

If you are a sole trader I would think that BR is a non starter for you if I'm honest

If you are a director of a limited company my quick research suggests you can not be an undischarged BR but I do not know for sure.

How have I managed my debt- by dealing with each one separately, taking the best advice from a specialist

Does your solicitor think you have a good defence? lets face it, if you do you could halve your outstanding debt in one fell swoop

I know it is stressful but it does get a whole lot easier

If a reputable solicitor thinks you have a case i would engage them. There are times when you just have to trust

Found this information on Directors & Bankruptcy

https://www.simplybusiness.co.uk/kno...hile-bankrupt/

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

Hi all.

Ok I have received a notice of a Trial Date to day for one of the claims to Small Claims Track, with and estimated hearing of 1 hour. - is that the usual amount of allotted time?

Also saying that the court believes my case is suitable for mediation and that I have seven days to accept this offer. Should I go ahead and accept this offer, even though after accepting the previous offer of mediation we were unable to proceed due to claimant not providing documentation?

[warwick65]

Re: Hoist Portfolio Holding v Shinybee

Hi Shinybee

I am struggling to keep up here,

Which claim have you had a trial date for?

I assume there are also directions telling you when the claimant has to pay the court fee by and when you need to exchange documents

Just because the claimant has not produced documents doesn't mean mediation can not go ahead

last I heard you were looking at BR but before that you were talking about engaging a solicitor. If you have engaged a solicitor the questions you asked here are for them to advise on

I am afraid I have no idea what exactly this claim was for , what your defence was , what they have produced ( if anything) . I will try to read back but 86 posts will take some time

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

Hi Shinybee

I am struggling to keep up here,

Which claim have you had a trial date for?

I assume there are also directions telling you when the claimant has to pay the court fee by and when you need to exchange documents

Just because the claimant has not produced documents doesn't mean mediation can not go ahead

last I heard you were looking at BR but before that you were talking about engaging a solicitor. If you have engaged a solicitor the questions you asked here are for them to advise on

I am afraid I have no idea what exactly this claim was for , what your defence was , what they have produced ( if anything) . I will try to read back but 86 posts will take some time

Hi Warwick,

As of yet I haven't instructed a solicitor.

Yes I have been researching the pros and cons of BR for my situation and even though I realise there are some insolvency agents who can help to minimise BR implications, for a price, its not the route that resonates with me right now.

Hoist have 2 claims against me for 2 ex barclay cards. 8k each.

Yes claimant has until 12/12/17 to pay fee.

trial date 9/1/18

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

Just because the claimant has not produced documents doesn't mean mediation can not go ahead

Really? Can you expand because if they didn't provide docs I don't know where I stand. Or is it just an opportunity to negotiate a full and final offer?

[warwick65]

Re: Hoist Portfolio Holding v Shinybee

Really? Can you expand because if they didn't provide docs I don't know where I stand. Or is it just an opportunity to negotiate a full and final offer?

I'm not being specific here but it could be used to explore other avenues depending on what is good for you.

I do find the whole situation odd, two Barclaycard in your name, both have always been Barclaycard and both have similar amounts outstanding. Then both assigned to Hoist and both with the same defence.

Reading back, did you send two cca requests both with the fee? I am sure they can put together a recon for 8k.