Help needed to strike out claim Howard Cohen / Hoist Portfolio

[Magpie2121]

Hi,

I received a claim on 22/04/2016 regarding an alleged loan debt. I then filed the acknowledgment of service and submitted my defence.

I also sent CCA and CPR18 requests to both Howard Cohen and Hoist Portfolio but received no acknowledgment or reply. I then sent out a further CCA and CPR18 request but again received no acknowledgement or response.

Subsequently, I sent a further reminder letter to Howard Cohen stating that should the requested documents not arrive within the next 7 days then I will enter an Unless Order as a means to have their claim Struck Out. Yet again, I received no acknowledgment or reply. This reminder was sent out to them on 25/05/2016.

I need some help please with how to go about getting their claim struck out. Any template or advice will be much appreciated.

Many thanks

[Amethyst]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

How much is the claim for? ( eg under or over £10k )

There is a bit of a guide here for applying for an unless order for non compliance with CPR 31.14 ( same principle for Part 18 )
http://legalbeagles.info/forums/show...order-at-court

Part 18 should be questions about the claim, CPR 31.14 should be for documents mentioned.

[Magpie2121]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

How much is the claim for? ( eg under or over £10k )

There is a bit of a guide here for applying for an unless order for non compliance with CPR 31.14 ( same principle for Part 18 )
http://legalbeagles.info/forums/show...order-at-court

Part 18 should be questions about the claim, CPR 31.14 should be for documents mentioned.

Thanks for your response.

The claim is for under £10k.

I've looked at your link which states the unless order must be submitted before the deadline for entering my defence. However, I've already entered my defence.

Can I just make an application to have their claim struck out without submitting an unless order? I've already sent 2 - 3 letters to Howard Cohen stating that unless they send me the requested CPR 18 documents then I'll make an application to have their claim struck out.

Thanks

[Magpie2121]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

Thanks for your response.

The claim is for under £10k.

I've looked at your link which states the unless order must be submitted before the deadline for entering my defence. However, I've already entered my defence.

Can I just make an application to have their claim struck out without submitting an unless order? I've already sent 2 - 3 letters to Howard Cohen stating that unless they send me the requested CPR 18 documents then I'll make an application to have their claim struck out.

Thanks

OK, so I sent off the unless order via the N22 form. This is the response I received:

post image

I'm stuck now as what I should do??

[charitynjw]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

Hi Magpie2121

It would appear that the DDJ considered CPR 18 to be the wrong way to request disclosure of documents.
Did you send a CPR31.14 request per [MENTION=6]Amethyst[/MENTION] post #2?
I guess it's now academic, as the case has already been allocated to Small Claims, & Part 18 no longer applies, & neither does CPR 31 (See CPR 27.2 - https://www.justice.gov.uk/courts/pr...es/part27#27.2 ).
Usually, Small Claims standard directions will be sent to you. ( https://www.justice.gov.uk/courts/pr...rt27/pd_part27 Appendix B).

[Magpie2121]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

Hi Magpie2121

It would appear that the DDJ considered CPR 18 to be the wrong way to request disclosure of documents.
Did you send a CPR31.14 request per @Amethyst post #2?
I guess it's now academic, as the case has already been allocated to Small Claims, & Part 18 no longer applies, & neither does CPR 31 (See CPR 27.2 - https://www.justice.gov.uk/courts/pr...es/part27#27.2 ).
Usually, Small Claims standard directions will be sent to you. ( https://www.justice.gov.uk/courts/pr...rt27/pd_part27 Appendix B).

Hi charitynjw,

I've already sent 2 CCA requests and 2 CPR 18 requests as well as a further reminder but have received absolutely nothing - nor have I received any sort of acknowledgment.

I haven't sent any CPR 31.14 requests but did apply for the claim to be struck out using the N22 form.

I just want the claimant to send something to show that I owe money. Should I send a CPR 31.14 request as well now or is it too late?

What can you advise me please as the reply from the DDJ states "the court has given directions as to how documents are to be disclosed" yet they haven't given any directions.

[charitynjw]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

Hi charitynjw,

I've already sent 2 CCA requests and 2 CPR 18 requests as well as a further reminder but have received absolutely nothing - nor have I received any sort of acknowledgment.
It would seem that the DDJ didn't think these were applicable for disclosure of documents.
If these were kosher CCA 77-79 requests & they have not been complied with (timeframe &/or content), the agreement cannot be enforced until/unless they do comply.
I haven't sent any CPR 31.14 requests but did apply for the claim to be struck out using the N22 form.

I just want the claimant to send something to show that I owe money. Should I send a CPR 31.14 request as well now or is it too late? Too late as the case has been allocated to SC. (Per post #5)

What can you advise me please as the reply from the DDJ states "the court has given directions as to how documents are to be disclosed" yet they haven't given any directions.
I can only give an opinion. You should receive the notice of allocation & court directions in due course, but if it were me I'd find out the status of the claim from the horse's mouth, the court. (If via MCOL, Northampton CCBC should be able to give you some info....tel no on the court claim form

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[Magpie2121]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

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Thanks charitynjw.

In all honesty, I received all my guidance from a different forum. At no point on the other forum did anyone mention anything about a CPR 31.14. By the time I joined this forum, it was too late.

When you say I should find out the "status of the claim", what do you mean by this?

And, since the claimant has ignored all my correspondence and requests, generally speaking, do you think this is a good sign or not?

[MIKE770]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

ring the court for latest update

[charitynjw]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

Thanks charitynjw.

In all honesty, I received all my guidance from a different forum. At no point on the other forum did anyone mention anything about a CPR 31.14. By the time I joined this forum, it was too late.
'Spilt milk', unfortunately. Still, it's how you deal with it going forward that now counts.

When you say I should find out the "status of the claim", what do you mean by this?
Just to phone the court & find out exactly what the current situation is. They can't give you legal advice though.
Although we could make an educated guess, there's no harm in confirming where the claim is at atm.
Any chance of posting up the Particulars of Claim (on the court claim form) & your submitted defence? (Remove personal data).
It may give us a clearer picture.

And, since the claimant has ignored all my correspondence and requests, generally speaking, do you think this is a good sign or not?
Definitely good so far re the CCA requests.
Hopefully you included the £1 payments & obtained proof of posting?

I'll also ask [MENTION=87380]Diana M[/MENTION] for an opinion.......Di is a tactical supremo.

[Magpie2121]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

Hi charitynjw,

Here are the particulars of the claim:

image upload no resize

And here is my defence:

image hosting no registration

I did include the £1 payment as well as obtaining proof of postage.

[Diana M]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

From what I can gather you received a claim in April 2016 and you filed a Defence.

Was the claim then stayed or did the Claimant inform NCCBC that they intended to continue with proceedings so you would have been sent a DQ etc?

You decided (or were encouraged) to apply to strike out the claim. This appears to have been in July.

The court has dismissed your application because it seems this issue (dscloser) can be dealt with by Judge's Directions now that the claim has been allocated to the Small Claims Court. The Order specifically states that a Directions Order has not yet been drawn but the DJ anticipates this to be imminent (or words to that effect).

Did this Order (dismissing your application) come from Northampton County Court or from your local County Court?

I'm wondering whether your application to strike out may have been a little hasty if your Defence was only filed at the end of May (unless I'm wrong about the stay).

Is it possible that your strike out application triggered the claim allocation when it could have been left stayed for a while giving you a better chance of success with the strike out.

I can't see where you've pleaded non compliance with your s. 77-79 CCA Request in your Defence. If you didn't then you can't argue non compliance in court unless you file an Amended Defence.

When did you send those CCA Requests?

If you can fill in the blanks from my questions then it'll be easier to make suggestions.

Di

[Magpie2121]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

From what I can gather you received a claim in April 2016 and you filed a Defence.

Was the claim then stayed or did the Claimant inform NCCBC that they intended to continue with proceedings so you would have been sent a DQ etc?

You decided (or were encouraged) to apply to strike out the claim. This appears to have been in July.

The court has dismissed your application because it seems this issue (dscloser) can be dealt with by Judge's Directions now that the claim has been allocated to the Small Claims Court. The Order specifically states that a Directions Order has not yet been drawn but the DJ anticipates this to be imminent (or words to that effect).

Did this Order (dismissing your application) come from Northampton County Court or from your local County Court?

I'm wondering whether your application to strike out may have been a little hasty if your Defence was only filed at the end of May (unless I'm wrong about the stay).

Is it possible that your strike out application triggered the claim allocation when it could have been left stayed for a while giving you a better chance of success with the strike out.

I can't see where you've pleaded non compliance with your s. 77-79 CCA Request in your Defence. If you didn't then you can't argue non compliance in court unless you file an Amended Defence.

When did you send those CCA Requests?

If you can fill in the blanks from my questions then it'll be easier to make suggestions.

Di

Hi Di,

Many thanks for your reply.

After filing my defence, I had to to fill out a DQ which I did.

I filled out the N22 form in an attempt to have the claim struck out and I made this application in August.

The order dismissing my application to have the claim struck out was issued from my local court as this is where the Smalls Claims Mediation Team transferred the claim to.

I sent the CCA requests back in May this year.

If you need any further information then please let me know.

Many thanks for your help during this stressful time, especially as I have no idea about to tackle the situation.

[Diana M]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

After filing my defence, I had to to fill out a DQ which I did.

I filled out the N22 form in an attempt to have the claim struck out and I made this application in August.

The order dismissing my application to have the claim struck out was issued from my local court as this is where the Smalls Claims Mediation Team transferred the claim to.

I sent the CCA requests back in May this year..

What seems to have happened is your application for a strike out (based on your Part 18 Request) was made after you had filed your Defence and after the claim had been transferred to your local county court so a DJ has looked at it and decided that the issue (disclosure) is best dealt with by Directions.

Did you request a hearing with your application to strike out? It's not really important now since the court has dismissed it.

No need to ring the court to check the status of the claim since it's not been struck out (so says that Order) and legal proceedings continue as normal.

This means you'll get a Notice of Hearing with Directions telling both parties what is expected of them and when, such as WS and hearing fee payment and the date of the hearing.

Did you send your CCA Requests before or after you filed your Defence in May because I can't see that you've pleaded non compliance with S.77-79 CCA in your Defence?

Di

[Diana M]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

I've looked at your redacted POC which refers to an agreement with a reference number. Was this a Santander credit card, loan or bank overdraft? Your first post suggests it was a loan in which case when would the loan term have expired?

When was the account opened?

Did you have PPI on the account ?

When did you last pay anything towards the debt?

How much is the claim?

Di