Jump to content

scenic meg

Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Community Reputation

1 Neutral

About scenic meg

  • Rank
    Basic Account Holder
  1. Has anyone got a telephone number for Howard Cohen? The number on the letter sent 4th September isn't working and their website has disapeared. I'm supposed to contact them to make an instalment offer.
  2. Update: The hearing has taken place and I lost. Just posting so that others can be made aware when fighting Hoist. Main defences were no terms and conditions on credit agreement, reconstituted cca, failure to comply with cpr 31.14 and legal transfer of debt. Reconstituted CCA was a bit of a try on, and the Judge was satisfied this was a copy of the original CCA albeit copied onto Santander paperwork The Judge was also satisfied that the main terms and conditions were on the CCA Claimant asserted that legal assignment had taken place but could not prove that it had been posted in October 2014 BUT relied on chapter 196 section 3 to say it had been left at the premises, also said that having posted the witness statement on 4th September and it being signed for special delivery, I had received notices of assignment. I objected to their interpretation of section 3 saying it was meant to mean delivery in person and the Judge said that was a reasonable interpretation to make I couldn't deny I had received the notices on 5th September, and the Judge said that was sufficient. We then went on to proper deed of assignment, this was produced in court and given to the Judge to verify. Obviously I wasn't allowed to see it due to it containing commercially sensitive information, but then I wasn't expecting to either. I raised issues regarding CPR 31.14 and the fact that all the documents requested should have been provided within 7 days. The Judge checked but found this didn't apply to small claims track, so there was no leeway there either. An interesting experience, I was surprised by the CPR 31.14 and that notices of assignment can be supplied so late in the day but one I shall put down to experience. Thanks to DX100 and Andyorch for their help, it has been appreciated.
  3. Ive attached the witness statement so far. I am having difficulty finding the relevant info on TAF 1 and TAF 2, save for what I have gleaned from forums. If anyone can point me in the right direction it would be appreciated .
  4. Hi Andy Until they sent me those documents on Monday I had nothing to go on. Now that I have the documents I have prepared a witness statement and I'm just putting the disclosures together. Happy to post it here first if it helps.
  5. Do they need to produce the original cca in court, or is the copy sufficient? I'm still not certain whether that's a reconstructed copy or whether its a copy of an original. Given that the Satan blurb at the bottom refers to the Financial Conduct Authority and the Prudential Regulation Authority, it looks like its post April 2015. No idea about the terms and conditions. It says that they were enclosed with the CCA and that they should have been read before signing, but they weren't in with what the Solicitors have sent.
  6. I have attached the file, the SLW refs I have added as hoist have included a header page for each ref which I have omitted to save space. I have not included SLW3 as this is just a list of transactions but can do if required.
  7. Thanks DX, it says " a copy of the said executed credit agreement" My signature is on it, on the second of two pages. So I take it I don't need to do a witness statement, just turn up in court? Looking at the transactions made, there are PPI payments on there, but no late payment charges. Sorry forgot to add, the reason I thought the CCA could be recon is because it has got at the bottom, Santander UK PLC, which was not in force until 11th January 2010. Prior to that it was Abbey National PLC. They actually sent me the Companies House document to prove it.
  8. I'm back A hearing date has been fixed within the next 10 days but I still hadn't received anything from Hoist, that is, until today. They have sent a copy of the CCA (which I think is reconstituted but can't be certain) together with letters from both Santander and Hoist informing me that the debt was being assigned to Hoist. Also a witness statement from someone at the solicitors, which also had a moan about me filing a defence when they had requested I wait (The defence was filed after I had asked the court for a further 14 days to file, to give them time to get their paperwork together, which they should have had when they instigated the claim. The CCA is dated 2005 and just discovered it's for a Cahoot Flexiloan. I don't recall seeing an assignment letter from either Santander or Hoist but it's possible I have. The letters are both dated 31st October 2014 and my head was all over the place at the time. So where to go from here, do I have a defence?
  9. All quiet on the western front then out of the blue a letter has arrived asking me to fill in a Small Claims Direction Questionnaire so I can only assume the Solicitors have had the stay lifted? The questionnaire looks straightforward apart from the first question (A1) "Do you agree to this case being referred to the Small Claims Mediation Service?" Is there anything to mediate? TIA
  10. Sorry Dx, I didn't realise you would like to have seen it first. It's a bit late now I know, but this is what I sent The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1.Paragraph 1 is noted. I have in the past had agreements with Santander and have requested clarification by way of a CPR 31.14 and section 78 request to which the claimant has yet to respond. 2.Paragraph 2 is denied, I am not aware of any outstanding monies owed to the claimant nor am I aware of receiving a notice of assignment from either the claimant or Santander. On receipt of this claim I requested information pertaining to this alleged debt from the Claimants solicitors, by way of a CPR 31.14 on the 20th of February 2015, sent by recorded delivery. The Solicitors wrote to me to advise that they would be unable to provide the paperwork within the specified time, and that they would allow me extra time to submit a defence. I contacted the court and asked them to extend the deadline by two weeks, which I consider sufficient time to produce evidence of their claim. They have yet to respond further. Furthermore a CCA section 78 request was sent to the claimant Hoist Portfolio Holding 2 Ltd, by recorded delivery on the 20th of February 2015 , as of today the claimant hasn’t responded to that request. 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, and by a CCA Request , therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of theconsumer credit Act 1974. 7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  11. Many thanks. Defence has been filed and I will wait for next step. Much appreciated Dx
  12. Fortunately it was accepted. As of today still no paperwork received and the new deadline for filing a defence is tomorrow. Dx mentioned a holding defence, what is that please?
  13. I'm confusing you I think, sorry. The claimants solicitors sent a letter saying that they needed more time to get the paperwork together. I'm happy to allow them a couple of extra weeks but due to personal reasons I didn't notify the court until this week. I have emailed them and asked to extend the defence deadline until 20th March. I am assuming that, since it is the claimant that wanted the extra time there would not be a default judgement.
  14. Then I don't understand, it is the claimant's solicitors who have asked for the extra time, and I have that in writing.
  • Create New...