**SORTED** Hoist Portfolio Holding 2 Ltd v Mystique

[warwick65]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Mystique

Have you approached anyone with regard to representing you or helping you with the case

I believe that for fast track claims costs are often awarded so there is a good chance that if you win, any legal costs will be paid. Also I think for a claim in fast track or even multitrack it is probably well worth a little expense in getting a professional opinion .

Remember that even the professionals on here do not give free advice just some guidance and no one is liable if you take that guidance and it goes belly up although if you contract with a lawyer they have liability insurance if the XXXX up

[warwick65]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

With regard to the pre action protocols

Did the claimant or their solicitors send you a letter of claim ?
Did you respond to it?
In your response did you ask for any documents and if so did they supply these before they issued a claim?

These are the things you need to know and mention (if they are in your favour). If they did send a LBA and you asked for documents and they didn't comply then it would likely impact the coats awarded against you if you lost ( decreased) or your costs if you won( more of them paid)

I hope that helps

Di did say for a claim this size more like 1 day , remember they will argue every point you make and if you are not well armed ..well , I wouldn't like it.
It is not just a case of saying they didn't comply with my CCA request
It would be what did they produce, why it was wrong and what that means

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Thank you for your response Warwick 65.

I honestly can't remember if I received a LBA before the claim. I'm afraid I tended to ignore letters like this (at my own cost it would now appear)
Oh dear, the further I go in trying to deal with this matter myself the more daunting and overwhelming it becomes.
I do appreciate the guidance I've received from everyone on this forum and have always been aware that I would not be getting free advice.
I cannot afford to seek legal advice so have no option but to continue by myself. I will do some more online research to familiarise myself with the court process in this matter.

Many thanks to all who have given me help so far

Kind regards
Mystique

[warwick65]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi Mystique

Sometimes and these are for larger cases lawyers take the case for lower fees if they think they can win because they can then claim their costs back from the person who is taking you to court. I think it is called a CFA or Conditional Fee arrangement.

As for the LBA , you could send a SAR to hoist portfolio or to the solicitors asking for all details, then you would know if they did sent a letter before action although I think that fast track claims are usually through the court system faster

From what i gather you have asked for the agreement via a S77/78 request as well as copies of the agreement, DN etc via a CPR 31.14 request. It seems that neither have been responded to ..or have they?

I believe there is also a part 18 request where you ask specific info such as , on what date was the account assigned? what date was the default notice served
I am giving general advice here as i am not an expert by any means

Have you had the SAR back from the original creditor yet? They can make interesting reading

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Oh dear, the further I go in trying to deal with this matter myself the more daunting and overwhelming it becomes.
I do appreciate the guidance I've received from everyone on this forum and have always been aware that I would not be getting free advice.
I cannot afford to seek legal advice so have no option but to continue by myself.

if they think they can win because they can then claim their costs back from the person who is taking you to court. I think it is called a CFA or Conditional Fee arrangement.

As Warwick65 has said you may be able to have a solicitor provide you with legal representation to defend your claim on a Conditional Fee Agreement which is more commonly known as 'No Win No Fee'.

This means if you lose you don't have to pay your own lawyer's legal costs (that's the risk they take). And if you win the Claimant pays your lawyer's legal costs.

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi
I just wanted to update this thread.
I decided to seek legal advice and used the list on this site to select a solicitor. It was the best thing I could have done. They were brilliant! To cut a long story short I was offered a CFA and the claimant has recently discontinued their claim. They have paid the base costs and I only have to pay my solicitors the success fee.
I would like to thank everyone on this forum for their kind advice and support.
Kind regards
Mystique

[charitynjw]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Great news!

I'll let [MENTION=49370]Kati[/MENTION] know so your thread title can be updated.

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

the claimant has recently discontinued their claim. They have paid the base costs and I only have to pay my solicitors the success fee.

A success fee?

Do you mean you had to pay your own lawyers a fee even though they recovered your/their legal costs from the other side?

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi Di
The CFA said that upon a successful outcome in the proceedings a charge of 15% of the base costs would be made.
Mysique

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi Di
The CFA said that upon a successful outcome in the proceedings a charge of 15% of the base costs would be made.

Maybe next time you need legal representation to defend a claim (hopefully never ) shop around for a lawyer who doesn't charge a success fee on a CFA (No Win No Fee).

They do exist.

I'm glad you won your case. Well Done You !

Di

[warwick65]

Re: **SORTED** Hoist Portfolio Holding 2 Ltd v Mystique

It must be a great weight off your mind having it all done and dusted

As Diana has said, and I think this goes in all walks of life- always get more than one quote. No reputable tradesman or professional will mind you doing that