Hoist Portfolio Holding 2 Ltd V Reallyfedup1

[nemesis45]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Request for documents mentioned in a statement of case under CPR 31.14

On 21^st March 2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 15^th March 2016.
1. Agreement.
2. Default Notice.
3. Assignment.




For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 26th March 2016.

Is this correct and do I send the CCA to HC & Co and not Hoist, claim states all documents to them.

You will have to send both to Cohen as Hoist will not deal with the request but will either ignore or return with the fee.

nem

[Reallyfedup1]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

HI Nem
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 15^th March 2016

Do I leave that sentence in CPR31 or take out the counterclaim? and just noticed, I filed my defence on 15th but it was 23rd

[nemesis45]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

HI Nem
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 15^th March 2016

Do I leave that sentence in CPR31 or take out the counterclaim? and just noticed, I filed my defence on 15th but it was 23rd

Leave in 31.14 leave out counter claim,

nem

[charitynjw]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Request for documents mentioned in a statement of case under CPR 31.14

On 21^st March 2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 15^th March 2016.
1. Agreement.
2. Default Notice.
3. Assignment.




For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 26th March 2016.

Is this correct and do I send the CCA to HC & Co and not Hoist, claim states all documents to them.
IMHO you could send both to HC, & request that the CCA letter + £1 is passed to their client.

Don't forget proof of postage.

[nemesis45]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Don't forget proof of postage.

Further to Charity's advice due to some " dirty tricks by certain debt purchasers and their side kick solicitors it's best to use signed for post, then check delivery date and signature print them off and keep to hand.
With the Postal Order mark on both sides " For Statutory Fee Only" copy the PO and keep the copy safe.

nem

[Reallyfedup1]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Thank you both for the advice. I really appreciate what you and Legalbeagles do to help those, like me, that hasn't a clue what to do, other than panic :-)

[Reallyfedup1]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Sorry Nem, last question!

On 21^st March 2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 23rd March 2016.
Is that the right date? This is when I put 'intend to defend all' with the court on line. Or, should I be putting the date of when its expected to go to court? which I don't know... Sorry to be, yet again a pain :-)

[Reallyfedup1]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Sorry Nem, last question!

On 21^st March 2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence, I require inspection of documents you mention in your statement of case ahead of filing my defence on 23rd March 2016.??
Is that the right date? This is when I put 'intend to defend all' with the court on line. Or, should I be putting the date of when its expected to go to court? which I don't know... Sorry to be, yet again a pain :-)

[Kati]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Is that the right date?

Your defence is due 33 days after the ISSUE DATE on the claim form ... use this site (http://www.timeanddate.com/date/dateadd.html) to check xx

[Reallyfedup1]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Kati, you lovely :-) that date count is brill
17th April is the date but falls on a sunday, does that matter? Am off to the post office straight after this question..... Many thank's

[Kati]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Kati, you lovely :-) that date count is brill
17th April is the date but falls on a sunday, does that matter? Am off to the post office straight after this question..... Many thank's

If I were you, I'd be aiming for the Friday 15th (just to make sure ) xx

[Reallyfedup1]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Lovely and just got back from Post office for postal order to photocopy.......... THANK YOUUUUU!! :tinysmile_twink_t2:

[Reallyfedup1]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

May have cocked up! Depending on how fussy solicitors can be to requesting documents.
I requested for these documents
1 Agreement
2Default notice
3 Assignment
Which is correct, however, that's how it's written to them instead of, Notice of Assignment etc.
If it becomes an issue, how can I rectify.

[Noah]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

Try not to worry, the court process is long and slow. If they do play silly buggers you still have time to write back correcting it but hopefully they will not.
I think that splitting hairs between asking for the assignment against a notice of assignment might just be a step too far even for a judge

[nemesis45]

Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

May have cocked up! Depending on how fussy solicitors can be to requesting documents.
I requested for these documents
1 Agreement
2Default notice
3 Assignment
Which is correct, however, that's how it's written to them instead of, Notice of Assignment etc.
If it becomes an issue, how can I rectify.

,

Absolutely no problem it would very petty do query this, if it does worry you just send it again and get free proof of posting.

nem