b4nkers
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Hi Just to update the thread, I received an acknowledgement of the CCA letter request as attached. (They also returned the postal order). About a week later I then received a letter to say the case was being assigned to another Hoist Finance UK Holdings 1 Limited. I'll let you know any further updates. Thanks B. CCA letter acknowledgement & letter of assignment REDACTED Sept 2018.pdf
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Thanks all, I shall follow your guidance and see what happens, thanks all.
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Hi all I've received a letter of claim from Howard Cohen acting on behalf of Hoist portfolio Ltd. The debt relates to a former Barclaycard that started in June 2008 and later defaulted in in Dec 2013 (according to my noddle credit file). I was self employed at the time and quickly became over indebted at the time. The default amount is £12,500 and last payment made was March 2013. I've uploaded a redacted letter of claim I received recently. I received a very similar letter in Dec last year which I ignored and did not hear anything until now - the same request letter. If I respond should I send a CCA letter request to the solicitors? I have until 13th August to respond. Thank you all in advance. Ben Hoist Portfolio Ltd - Letter of Claim REDACTED copy.pdf
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I've received a notice of Discontinuation from IDR Finance (its within the 28 days of the hearing date so guess they will get a full refund of any hearing cost) Just a quick question- my defence included a monetary counter claim - will this also come to an end unless I pursue this further? Notice of discontinuation Sept 2016.pdf
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Thanks DX - will do.
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Thanks for your added input. All seems to make sense to me. The inception copy they sent me is legible though the T&C's are just about legible in parts and not legible at all for some bits. Also difficulty to see how those T&C's were ones associated with the application-as there are no dates on them. WS deadline is 1st September - as too for the claimant. So far nothing from them as yet though I suspect they will email me theirs just before 5pm on 1st Sept with paper copies in the post. Going to post mine tomorrow morning 1st class recorded delivery.
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Thanks Sham for the guidance, yes it makes sense and I shall re draft the witness statement to accommodate the valid points you raise. (The disclosure documents that were sent by the Claimant were originally emailed to me just before the deadline. Hard copies followed on in the post but were received after the deadline. Though the hard copies were slightly better quality I would like to disregard these as they arrived after the deadline - not sure if I can or not?) Did you have a thread here on in relation to your experience I could refer to? Many thanks for your input. Ben
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ok thanks. Ben
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Thanks Andy, I'll add the statement of truth at the end. Re: the contents- yes I thought it was the only solid thing that I felt I could rely on though should it go to hearing I'm aware this point will be challenged with case law as noted in earlier posts but will prepare for this. Not sure if you think there are other points that have merit that I could include? Is it worth mentioning Highbridge/debt management firm/ their original defence (and the fact that they are no longer trading). Thanks Ben
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Thanks all for your advice. I've attached a redacted copy of my witness statement with proposed exhibits. Any suggestions or improvements greatly appreciated. thanks Ben Witness statement - Redacted.pdf
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Thanks Andy- CPR?- do you mean including any relevant sections of the CPR to support any of the points in the statement. Ben
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Thanks DX. I'm in the middle of drafting a witness statement - as this needs to be 'filed and served by 1st Sept'. I assume docs can arrive on the 1st September? I understand I need to include all the documents I intend to rely on in the hearing. Thanks Ben
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I've received a county court hearing date for November with a request to 'file and serve copy documents' by 1st September including a witness statement (redacted letter attached). (I'm assuming this means I send copies to both the Court and the claimant). Is it ok if the docs arrive on the actual day of the 1st of September? Thinking about including the following points in the witness statement: Claimant has been unable to produce a copy of executed agreement following CCA request received on XX date by claimant. Claimant has sent illegible document and illegible terms and conditions (Not sure how I can demonstrate this if challenged as could they argue it was my printer at fault - assume though their copies are just as poor as mine) - can I disregard the paper copies they sent in the post that arrived a few days after the deadline. Saw the following point elsewhere that the claimant is not FCA regulated and not authorised debt collector. Would now be a good time to redact or amend Part 20 - Counterclaim in the witness statement? Thanks in advance for guidance. Ben Notice of Allocation to the Small Claims Track -Court Hearing Date.pdf
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Thanks Dx, I'll ignore the offer and wait to see. I'll be making another donation once this has all gone through, thanks for your help.
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Hi all, thanks for you guidance. I've made a small donation today as a token of my appreciation for help received so far. I've received some further correspondence today- from Kearns a settlement offer by way of a Tonlin order? I've amended some of the figures slightly and uploaded a redacted version of the correspondence. Interested to hear your views on the offer. Tomlin Order.pdf
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