**WON** Terachi Shinya vs Hoist Portfolio

[Kati]

Re: Terachi Shinya vs Hoist Portfolio

If the judge allows for an appeal do I still ask for N460?

You only need to ask for the N460 if the judge refuses permission to appeal after a judgement goes against you I believe ... so if you win there's no need to ask either ( [MENTION=551]pt2537[/MENTION] @Diana M ... can you clarify please??)

[pt2537]

Re: Terachi Shinya vs Hoist Portfolio

You only need to ask for the N460 if the judge refuses permission to appeal after a judgement goes against you I believe ... so if you win there's no need to ask either ( @pt2537 @Diana M ... can you clarify please??)

correct
The n460 is only needed if you lose and ask for permission to appeal as you are required to file the form with an appeal notice. If you win there is no need to ask.

[Diana M]

Re: Terachi Shinya vs Hoist Portfolio

If the judge allows for an appeal do I still ask for N460?

Let's hope you never need to know the answer to that question.

Think positive

Fingers crossed for you in court today.

Di

[Diana M]

Re: Terachi Shinya vs Hoist Portfolio

The n460 is only needed if you lose and ask for permission to appeal as you are required to file the form with an appeal notice.

I agree with that PT.

I'll also add that if you ask for permission to appeal and it's refused by the DJ then you should ask him for his reason (grounds) for refusal.

If he refuses to give you any reason (grounds) for his refusal then you'd add that as another ground for appeal on top of your reason for appealing his judgment (on a fact or point of law).

If you are going to appeal a decision you will need a transcript of the hearing which includes everything said up until the DJ leaves the room. So if he tells you to 'get lost' when you ask for his reason for refusing you permission to appeal, it will be recorded.

Hopefully this is all academic and the DJ does the right thing today.

Di

[Terachi Shinya]

Re: Terachi Shinya vs Hoist Portfolio

Case dismissed.

Thank you all, especially Di, so much for all the guidance and support - you're doing God's work!

This aside, I have just found out that Hoist has managed to put a 'default' on my record on Equifax last month. Does anybody know how to go about to remove it?

So far, I have disputed it with Equifax and they are 'looking into it'. I'm surprised that they were able to put this record in the first place...

Thanks in advance,
Shinya

[Diana M]

Re: Terachi Shinya vs Hoist Portfolio

Case dismissed.

Thank you all, especially Di, so much for all the guidance and support - you're doing God's work!

Your post makes my day

Well Done You!

Di

(PS my "guidance and support" was given informally behind the scenes.)

[pt2537]

Re: Terachi Shinya vs Hoist Portfolio

Case dismissed.

Thank you all, especially Di, so much for all the guidance and support - you're doing God's work!

This aside, I have just found out that Hoist has managed to put a 'default' on my record on Equifax last month. Does anybody know how to go about to remove it?

So far, I have disputed it with Equifax and they are 'looking into it'. I'm surprised that they were able to put this record in the first place...

Thanks in advance,
Shinya

The problem you will have is Equifax will simply say its not their data and thus they cannot remove it. When you said case dismissed, did the Judge make any comment or ruling on enforceability of the agreement?

I ask because there are cases such as Grace v Blackhorse or Dehaney v First Rand that may well place Hoist in difficulty, especially if the Court has ruled the agreement is unenforceable.

I think that you are going to need to go after Hoist directly though as you are unlikely to get any joy with the Credit Reference agencies

[Terachi Shinya]

Re: Terachi Shinya vs Hoist Portfolio

Hi Guys,

I have approached Equinox directly and send them numerous emails to ask to remove the record and they did. I guess this is on a case by case scenario.

Thanks,
Shinya

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[QUOTE=nemesis45;678810]

to LB ... I've moved your post to it's own thread xx

done :yo: xx[/QUOTE

Thank You @Kati

nem

Hi Guys, can you please put 'WON' or 'resolved' to the name of the post indicating that this is now resolved? THanks,

[nemesis45]

Re: Terachi Shinya vs Hoist Portfolio

[QUOTE=Terachi Shinya;717245]Hi Guys,

I have approached *****Equinox ****directly and send them numerous emails to ask to remove the record and they did. I guess this is on a case by case scenario.

Thanks,
Shinya

- - - Updated - - -

Hi Guys, can you please put 'WON' or 'resolved' to the name of the post indicating that this is now resolved? THanks,

***** Equifax******? You should check the two other credit reference agencies for any data relating to this.

nem