** DISCONTINUED ** Hoist Portfolio Holding v Shinybee

[thedirtyhound]

Re: Hoist Portfolio Holding v Shinybee

@thedirtyhound

If I am reading what has been presented correctly , I believe you are misinterpreting the legislation.

I suspect that the two sets of terms and conditions are one from inception and one from default, if that is the case they do not have to be in the same order with the same numbers relating to the same details - they are revised terms and conditions.

However as I do not know exactly what was sent to SB it is impossible to say if they comply with S78 however

As for the rest of your discussion in a previous post , while I would love to get involved and maybe explain why I believe some of your claims are wrong this is not the time or the place

@Shineybee
This was exactly why I thought your original statements about having two claims for agreements that were always barclaycard , opened about the same time and with similar amounts seemed odd. Clearly one of them was an egg account.

It would also reinforce what @Diana M said when she said something along the lines of she would eat her hat if both defences argued the same things


You now need to get an amended defence in because you can not plead arguments in your WS that are not in your defence and you have included in your defence the potential need to amend it.

I can not, however, help you on the process as I do not know - all I will say, as Amethyst has said, time is against you

In my opinion you really really do need professional advice and as Diana m seems to have some knowledge of your claims because she has been on this thread I would suggest you contact her - if you haven't done so already

The fundamental document is the one signed initially. Subsequent amendments to the Ts & Cs are irrelevant, especially if another lender took over the account. I'm not mistaken on this point!

But I agree that this is now a matter for the professionals to deal with.

In fact, if people got the pros involved from day one, their lives would be a lot easier. There are too many posts on this site generally from people who have clearly ignored everything in the hope that it will go away, only for them to end up receiving a claim. Then they find themselves in a panic. Sometimes a good "F... OFF" letter from a solicitor to a debt purchase company can blow the problem away before it even gets off the ground. It has worked well for me.

Finally, one place NEVER to go is a Citizens Advice Bureau. If you want legal advice, go to someone fully qualified to give it!

[Diana M]

Re: Hoist Portfolio Holding v Shinybee

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

trial date 9/1/18

You've received a Notice of Allocation (Hearing).

The Trial has been listed for 9th January 2018.

What does it say (Directions) about filing your Witness Statement?

Normally it would say 14 days before the Trial but since courts will be closed over the Christmas/New Year period the deadline may be date specific for late December.

you have a week I think before your WS is due to be exchanged so if you are going to amend you will need to get things sorted asap.

I can't see anything posted on this thread which says the WS deadline is in a week's time.

Di

[Amethyst]

Re: Hoist Portfolio Holding v Shinybee

I can't see anything posted on this thread which says the WS deadline is in a week's time.

Ahh nope you're right, I was confusing it with the another case which is due on 16th Nov The hearing letter should give the date for the WS Exchange ( normally on the second page of the hearing letter from court )

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

These are the court papers sent to me

[Shinybee]

Re: Hoist Portfolio Holding v Shinybee

The cover letter from the solicitor seems interesting because they refer to substantial balance transfers not too long before the account defaulted . I wonder if they are going to suggest to the court that Shineybee did this deliberately and is a debt dodger thus making them a less than reliable witness - as was the case with Mrs Frost (unreliable witness)

Yes I noticed that too- like it couldn’t have been someone who may have used a 0% transfer to pay off a previous expiring 0% transfer and then realised they couldn’t maintain payments...

[warwick65]

Re: Hoist Portfolio Holding v Shinybee

Yes I noticed that too- like it couldn’t have been someone who may have used a 0% transfer to pay off a previous expiring 0% transfer and then realised they couldn’t maintain payments...

Hi
I wasn't passing judgement and should you need it I am sure there is a perfectly valid reason. In fact, by telling you that they may have done you a favour so you can be prepared.

I hope you are able to find representation as I am sure this egg card is very defendable.

I am sadly cynical about just how fair the law is and how it favours people who can get representation over the Litigant in person.

[Shinybee]

Well to conclude this thread... I decided to instruct Joanna Collonny solicitors who managed to get both cases heard together as small claim. However Hoists pulled out and discontinued the claim before hearing. Apparently J Connolly has a good track record with beating hoists and I am so glad I handed it over to them and had my defence appropriately re-written. I felt totally confident when it was in their hands and a great feeling to have the pressure taken off. And now an even better feeling of relief for it to be over and 16k cleared! : )

[Amethyst]

Great News Thanks for letting us know. Sometimes it is just easier to let a professional take the strain xxxx

I'll amend your thread title accordingly xx

[Diana M]

I decided to instruct Joanna Connolly solicitors who managed to get both cases heard together as small claim. However Hoists pulled out and discontinued the claim before hearing. Apparently J Connolly has a good track record with beating hoists and I am so glad I handed it over to them and had my defence appropriately re-written. I felt totally confident when it was in their hands and a great feeling to have the pressure taken off. And now an even better feeling of relief for it to be over and 16k cleared!

Jo and I are pleased that both these claims were discontinued before coming to Trial since you were even considering going bankrupt at one point when the pressure was mounting >

Re: Hoist Portfolio Holding v Shinybee

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?

Also keeping both claims in the Small Claims Track removed the risk of having to pay the other side's legal costs if you lost which was the right thing to do when putting your interests first.

As you say, filing an Amended Defence was essential to what followed (Discontinuance).

Perhaps Kati would be kind enough to move this thread to the Concluded Cases forum because it's now done and dusted.

Di