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Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

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  • #1

    Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

    I have a hearing date on the 9th March for a Credit Card issued in 2008. Interest has been added to take the outstanding balance over £10k.

    I have received paperwork after I requested CCA1974 and CPR 31.14.

    Last week I appeared at an interim hearing after I applied for an Unless Order due to requested documents not being received until 4 months after request.

    Judge was ok to accept CCA documents from creditor and allow case to proceed until final hearing.

    I appreciate it is extremely late in the day to ask for advice but it was the Judge that suggested I get legal advice rather than going it alone.

    I would appreciate any words of wisdom/advice on whether I should still contest the pending judgment?

    Have I missed anything?

    Many thanks in advance, Scott
    Tags: None
    • 1 thank
  • #2
    Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

    Hi ScottyCooper & welcome to LB.
    As the claim is over £10k, it is wise to seek professional advice.
    There may be costs implications.
    You could also post up the documents received (redact any personal info & identifiers).
    Have they sent any info re a s87 CCA Default Notice?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment

    • #3
      Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

      Hi, thanks for your response.

      Yes, I have received section 87 default notice.

      How do I attach documents in this forum?

      Comment

      • #4
        Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

        Originally posted by ScottyCooper View Post
        How do I attach documents in this forum?
        click "go advanced" ... there's an add attachment option there

        OR ... email it to me (see my signature) with a link to this thread and I'll pop it on here tomorrow morning xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment

        • #5
          Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

          Thanks for that.

          I have attached the summary of Claimant's defence.

          are there any other documents I can post for you?
          Attached Files
          Last edited by Kati; 3rd March 2017, 08:43:AM.

          Comment

          • #6
            Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

            Hi

            Could you also post up a redacted copy of the s87 Default Notice? (Exhibit XXX3, according to the WS)

            You've left a lot of personal info on all of the posted documentation.
            Maybe our Kati can redact them.
            @Kati.......could you do the honours, please?
            Last edited by Kati; 3rd March 2017, 09:01:AM.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick
            • 2 likes

            Comment

            • #7
              Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

              Sorry about that.

              I posted the S87 on my first reply. Can you see it?

              Comment

              • #8
                Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

                Originally posted by ScottyCooper View Post
                Sorry about that.

                I posted the S87 on my first reply. Can you see it?
                No, can't see it.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

                • #9
                  Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

                  Here it is
                  Attached Files
                  Last edited by Kati; 3rd March 2017, 09:03:AM.

                  Comment

                  • #10
                    Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

                    Is that all?.......it says 'continued'.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb

                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.

                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick
                    • 1 thank

                    Comment

                    • #11
                      Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

                      Originally posted by charitynjw View Post
                      You've left a lot of personal info on all of the posted documentation.
                      Maybe our Kati can redact them.
                      @Kati.......could you do the honours, please?
                      sorted xx
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle
                      • 1 thank

                      Comment

                      • #12
                        Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

                        Apologies. I've just attached page 2 & 3
                        Attached Files
                        • 2 likes

                        Comment

                        • #13
                          Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

                          Imho, it is not compliant per the 1983 Regulations.
                          http://www.johnpughschambers.co.uk/C...ons%201983.pdf
                          Brandon v Amex is also worth a read for further info on DNs.
                          http://www.bailii.org/ew/cases/EWCA/Civ/2011/1187.html
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick
                          • 1 thank

                          Comment

                          • #14
                            Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

                            Many thanks for your response.

                            Could you please clarify exactly how this would affect a judgment against me?

                            How would you categorise the failings in the paperwork suitable for the judge?

                            Also, because I haven't included this in my defence, how would I ask to include this at the hearing next week?

                            Comment

                            • #15
                              Re: Pending CCJ - Hoist Portfolio/Howard Cohen/Barclaycard

                              A defective DN could blow their case out of the water.
                              However, I've read of cases (both on LB & elsewhere) where, despite seemingly slam-dunk evidence in favour of the Defendant, the judge on the day has ruled for the Claimant.
                              Any case over £10k could be out of Small Claims territory, thus potentially exposing you to substantial costs.
                              If it were me, I would certainly at least phone for professional specialist advice.
                              https://www.citizensadvice.org.uk/la...-legal-advice/
                              http://lbcompare.co.uk/listings/?fwp...mer-credit-act
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb

                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.

                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick
                              • 1 thank

                              Comment

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