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Thread: Hoist Portfolio Holding v Shinybee

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  1. #76
    Shinybee's Avatar

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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by Amethyst View Post
    If you're looking into an Unless order there's a bit of an example here - > http://legalbeagles.info/forums/show...order-at-court -
    Thank you Amethyst that’s really helpful.

    SB

  2. #77
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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by Diana M View Post
    It's not only about timing it's about the likelihood of success with an Unless Order and whether it would only spur them on to try harder to source or reconstitute documents.

    At the moment both your claims are each below £10k so allocation to the Fast Track is not staring you in the face.

    However take on board the fact that if you make an Application (or two) for an Unless Order the court could decide to combine the claims at that point. It's a risk.

    Di
    Thanks Di good point(s). I’m hoping to find the less risky path to my success

    SB

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    Default Re: Hoist Portfolio Holding v Shinybee

    Hi

    Is there anyone who has any suggestions on what course of action I could take now, bar pay for a solicitor, as funds are very short at the moment?

    SB

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    Default Re: Hoist Portfolio Holding v Shinybee

    Hi Shinybee

    I know you have had a quote from one solicitor - or at least I think that is what you said.

    Have you shopped around to see what free advice is available or how much others charge?

    I appreciate when money is tight I really do but it really might be that a free consultation helps or even a fixed fee for a part of your claims.

    Remember as well, if they do decide to combine the claims then it will likely be fast track and a) if you win you get your costs paid and b) if you lose you have to pay their costs so in that case a solicitor would be a no brainer.

    I was talking to someone today about an account I have that is over 10K and the advice i got was, as soon as a claim drops on your doormat involve a solicitor

    I have no idea , nor do I need to know who gave you a quote but if it wasn't Di's firm or PT2537's firm why not try them and see what help you can get,

    It really hurts me when people are disadvantaged because they can't afford a solicitor (or it makes no economic sense)
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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    If in doubt take professional legal advice or contact the CAB

  5. #80
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    Default Re: Hoist Portfolio Holding v Shinybee

    Thanks warwick65. Some initial free solicitor advice sounds like a good idea. Probably best to speak to as many as possible to get a broader spectrum of opinions. Is there a list of reliable/recommended
    Consumer Credit Solicitiors?

    Also because all my total debts amount to nearly 30k I have thought about bankruptcy too. Is this something I’m better talking with citizenship advice about?

    SB

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    Default Re: Hoist Portfolio Holding v Shinybee

    There is this Find a Lawyer but it doesn't mean they are recommended or guaranteed to be honest.

    As for you total debt being 30K and is BR a possibility- again not something I can help with but

    if you don't own assets I suspect CAB will recommend BR- that shouldn't mean it is your best option

    there will also be a lot of people out there trying to sell you debt management plans or IVA's . My personal opinion is that I wouldn't touch them with your barge pole let alone mine - but again that is personal opinion

    If it helps I have a significant amount of debt ( mine is bigger than yours ) and have managed most of it relatively well for the last few years . They can't get blood out of a stone however much they try.

    I take recommendations from people I know and trust
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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    Default Re: Hoist Portfolio Holding v Shinybee

    Shineybee

    What i didn't explain properly was that there are very few specialist consumer credit lawyers about. Some who claim to be, also act for the other side, so personally i would not exactly trust them to act in my best interest. Equally, I would personally like someone that was not a corporate firm with a proven track record.

    Did you contact either of the two firms I suggested?

    As for BR - it really is a big step and one i thought of myself 5 years ago, all I can say is I am very glad I didn't as it would have been another 6 years of hell
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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    If in doubt take professional legal advice or contact the CAB

  8. #83
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    Default Re: Hoist Portfolio Holding v Shinybee

    Thanks for your opinion warwick65- much appreciated and I agree with you on the debt management plan front- not the way I intend to go for sure. I guess I’m just trying to see what all my options are and their implications. For instance with BR, even though my personal assets only comprise of furniture, I do have business assets in the way of stock. Also concerned about my council rented business premises being in jeopardy when renewing my contract with them etc... so if anyone has any experience/knowledge about BR I would glad to hear from you.

    warwick65 I m happy to hear you’re managing your alleged debt well. When I finally stop paying min payments last year- it was such a relief from the stress of finding 500/month, but then the stress of court etc comes in... feeling so bored of it now and part of me thinks I may aswell use my unfortunate situation of not being a home owner in my favour and go BR.
    Another part of me wants to explore other options- but yet to discover them. I’m intrigued to know how you have managed your situation.

  9. #84
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    Default Re: Hoist Portfolio Holding v Shinybee

    If you are a sole trader I would think that BR is a non starter for you if I'm honest

    If you are a director of a limited company my quick research suggests you can not be an undischarged BR but I do not know for sure.

    How have I managed my debt- by dealing with each one separately, taking the best advice from a specialist

    Does your solicitor think you have a good defence? lets face it, if you do you could halve your outstanding debt in one fell swoop

    I know it is stressful but it does get a whole lot easier

    If a reputable solicitor thinks you have a case i would engage them. There are times when you just have to trust
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  10. #85
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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by warwick65 View Post
    If you are a sole trader I would think that BR is a non starter for you if I'm honest

    If you are a director of a limited company my quick research suggests you can not be an undischarged BR but I do not know for sure.

    How have I managed my debt- by dealing with each one separately, taking the best advice from a specialist

    Does your solicitor think you have a good defence? lets face it, if you do you could halve your outstanding debt in one fell swoop

    I know it is stressful but it does get a whole lot easier

    If a reputable solicitor thinks you have a case i would engage them. There are times when you just have to trust
    Found this information on Directors & Bankruptcy

    https://www.simplybusiness.co.uk/kno...hile-bankrupt/


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    Default Re: Hoist Portfolio Holding v Shinybee

    Hi all.

    Ok I have received a notice of a Trial Date to day for one of the claims to Small Claims Track, with and estimated hearing of 1 hour. - is that the usual amount of allotted time?

    Also saying that the court believes my case is suitable for mediation and that I have seven days to accept this offer. Should I go ahead and accept this offer, even though after accepting the previous offer of mediation we were unable to proceed due to claimant not providing documentation?

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    Default Re: Hoist Portfolio Holding v Shinybee

    Hi Shinybee

    I am struggling to keep up here,

    Which claim have you had a trial date for?

    I assume there are also directions telling you when the claimant has to pay the court fee by and when you need to exchange documents

    Just because the claimant has not produced documents doesn't mean mediation can not go ahead

    last I heard you were looking at BR but before that you were talking about engaging a solicitor. If you have engaged a solicitor the questions you asked here are for them to advise on

    I am afraid I have no idea what exactly this claim was for , what your defence was , what they have produced ( if anything) . I will try to read back but 86 posts will take some time
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by warwick65 View Post
    Hi Shinybee

    I am struggling to keep up here,

    Which claim have you had a trial date for?

    I assume there are also directions telling you when the claimant has to pay the court fee by and when you need to exchange documents

    Just because the claimant has not produced documents doesn't mean mediation can not go ahead

    last I heard you were looking at BR but before that you were talking about engaging a solicitor. If you have engaged a solicitor the questions you asked here are for them to advise on

    I am afraid I have no idea what exactly this claim was for , what your defence was , what they have produced ( if anything) . I will try to read back but 86 posts will take some time
    Hi Warwick,

    As of yet I haven't instructed a solicitor.

    Yes I have been researching the pros and cons of BR for my situation and even though I realise there are some insolvency agents who can help to minimise BR implications, for a price, its not the route that resonates with me right now.

    Hoist have 2 claims against me for 2 ex barclay cards. 8k each.

    Yes claimant has until 12/12/17 to pay fee.

    trial date 9/1/18

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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by warwick65 View Post

    Just because the claimant has not produced documents doesn't mean mediation can not go ahead

    Really? Can you expand because if they didn't provide docs I don't know where I stand. Or is it just an opportunity to negotiate a full and final offer?

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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by Shinybee View Post
    Really? Can you expand because if they didn't provide docs I don't know where I stand. Or is it just an opportunity to negotiate a full and final offer?
    I'm not being specific here but it could be used to explore other avenues depending on what is good for you.

    I do find the whole situation odd, two Barclaycard in your name, both have always been Barclaycard and both have similar amounts outstanding. Then both assigned to Hoist and both with the same defence.

    Reading back, did you send two cca requests both with the fee? I am sure they can put together a recon for 8k.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  16. #91
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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by warwick65 View Post
    I'm not being specific here but it could be used to explore other avenues depending on what is good for you.

    I do find the whole situation odd, two Barclaycard in your name, both have always been Barclaycard and both have similar amounts outstanding. Then both assigned to Hoist and both with the same defence.

    Reading back, did you send two cca requests both with the fee? I am sure they can put together a recon for 8k.

    Yes 2 separate cca request with fees sent to their jersey address

    What's odd? That they didn't combine them?

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    Default Re: Hoist Portfolio Holding v Shinybee

    You need to keep both these claims as small claims, otherwise if you lose, you will also pick up the other sides costs.

    However, I stand by what I said in a previous post, which is that even if the two claims are merged to be dealt with separately, small claims rules will still apply.

    Each claim, regardless of how similar they are, relates to separate issues and if the court merges them to dispose of them simultaneously, it would be for the convenience of all concerned, being you, the "other side" and the court itself.

    It would be fundamentally wrong and unfair to make it into a Fast Track claim, as it would help the other side enormously and weaken you.

    Anyway, if you have a date for just one of the claims, I would just go along with it and not mention the other.

    You should also really go to town on the documents. It is up to the claimant to prove its claim, so they should provide everything you ask for. So I would want to see a copy of the credit agreement, copies of every single statement for the period in question and copies of all correspondence, including letters of assignment.

    The copy of the credit agreement is the most important. Following Carey v HSBC Bank in 2009, the bank can provide a "true copy" of the agreement if it cannot produce the original signed copy.

    Although this decision was proclaimed at the time by the debt industry as a sound judgment, there have been numerous examples of lenders putting forward things that were definitely not "true copies". Bluntly, that decision has turned out to be a liar's charter.

    With modern systems everyone does document scanning, so in my view if a bank cannot produce a photocopy of the original agreement, it should at least provide a scanned copy.

    In my case, I have a dispute in which I requested a copy of the agreement three times and each time I was sent something different! Eventually they managed to produce a scanned copy of the original, which was totally illegible and which did not include all the relevant terms and conditions. So they are f'cked and they know it! But it didn't stop them from trying it on initially and bluntly they were deliberately sending me stuff they knew was false!

    So really, the best advice to you is to absolutely go to town on the paperwork, because if you do owe the money and have no chance of paying it, it will be your only way out. The companies often trip themselves up near the finishing line, so you always have a chance.

    You have to really make the b'stards work for their money!

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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by thedirtyhound View Post
    You need to keep both these claims as small claims, otherwise if you lose, you will also pick up the other sides costs. Costs can and are awarded even in the Small claims track

    However, I stand by what I said in a previous post, which is that even if the two claims are merged to be dealt with separately, small claims rules will still apply This is not automatic as Di explained but in any event the value of the claim is not the only reason for allocating it to a particular track

    Each claim, regardless of how similar they are, relates to separate issues and if the court merges them to dispose of them simultaneously, it would be for the convenience of all concerned, being you, the "other side" and the court itself.

    It would be fundamentally wrong and unfair to make it into a Fast Track claim, as it would help the other side enormously and weaken yours Why would it automatically be helpful to the other side and weaken SB's case - if it was fast track not only could SB potentially get a no win no fee but the rules on disclosure are different - both sides would have to disclose the info they had , this may actually be beneficial to SB

    Anyway, if you have a date for just one of the claims, I would just go along with it and not mention the other.

    You should also really go to town on the documents. It is up to the claimant to prove its claim, so they should provide everything you ask for. So I would want to see a copy of the credit agreement, copies of every single statement for the period in question and copies of all correspondence, including letters of assignment While I do not want to appear too much as a harbinger of doom remember these account are post 2007 . For the CCA request an honest recon can be produced . Additionally what is the best way to argue needed to see every single statement , I don't know of one. Naturally , i would ask for a copy of the Deed of assignment.
    Remember, defence has been entered and the next stage will be WS

    The copy of the credit agreement is the most important. Following Carey v HSBC Bank in 2009, the bank can provide a "true copy" of the agreement if it cannot produce the original signed copy. True and it can be reconstituted and does not need signatures

    Although this decision was proclaimed at the time by the debt industry as a sound judgment, there have been numerous examples of lenders putting forward things that were definitely not "true copies". Bluntly, that decision has turned out to be a liar's charter It really depends what you are expecting as a true copy - a true copy does not have to be an exact copy although yes some copies have been less than good. Remember as well, S77-79 is for information purposes only.

    With modern systems everyone does document scanning, so in my view if a bank cannot produce a photocopy of the original agreement, it should at least provide a scanned copy.I sometimes think we forget how far technology has come in the last ten years , now I can just stick a pile of documents in a scanner and scan them to file - easy , wasn't like that so long ago

    In my case, I have a dispute in which I requested a copy of the agreement three times and each time I was sent something different! Eventually they managed to produce a scanned copy of the original, which was totally illegible and which did not include all the relevant terms and conditions. So they are f'cked and they know it! But it didn't stop them from trying it on initially and bluntly they were deliberately sending me stuff they knew was false! Every case is different

    So really, the best advice to you is to absolutely go to town on the paperwork, because if you do owe the money and have no chance of paying it, it will be your only way out. The companies often trip themselves up near the finishing line, so you always have a chance.

    You have to really make the b'stards work for their money!
    Much of the above is why I think legal representation is needed, how can the average person know just how to plead a case - this is even more important if the judge does not have a full grasp of the CCA because they will be led by the representative for the claimant.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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  19. #94
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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by Shinybee View Post
    Hi all.

    Ok I have received a notice of a Trial Date to day for one of the claims to Small Claims Track, with and estimated hearing of 1 hour. - is that the usual amount of allotted time?

    Also saying that the court believes my case is suitable for mediation and that I have seven days to accept this offer. Should I go ahead and accept this offer, even though after accepting the previous offer of mediation we were unable to proceed due to claimant not providing documentation?
    It will be a standard hearing letter by the sounds of it. If still no documents not a lot of point going back to mediation unless you want to negotiate some kind of settlement to get this out of your hair.

    On the second page of that hearing notification there should be intructions for the exchange of Witness Statements - normally 14 days before. If the hearing fee is paid ( check with court after the 12th Dec ) then it will be a case of seeing if Docs show up with the Witness Statement as Exhibits. Check the date for WS anyway You'll need to do your WS either saying no documents ( backing up your defence) or, if docs turn up in the meantime, picking up any issues with the docs ( if they aren't all perfect and you don't decide to negotiate settlement at that point )... really it's still a case of wait and see. 1 hour is pretty normal yes
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Default Re: Hoist Portfolio Holding v Shinybee

    Hoist Portfolio is unlicensed. This legal issue alone would take more than one hour to argue in court. It's fundamental to your case.

    You don't want to run out of time so the DJ adjourns the Trial 'part heard' so that the other side has the benefit of knowing the nitty-gritty your legal arguments in advance of a re-listed Hearing.

    You don't have to wait until it's time to file a Witness Statement to take further legal steps such as Part 18 Questions. Be proactive not reactive.

    Ideally you want to box the Claimant into a corner so that they Discontinue before the need for a Hearing.

    Or (if they don't Discontinue) you set up the case so that when they lose your legal team will be in a position to ask the court to order wasted costs in the Small Claims Track.

    Compliance with s.78 is for 'information purposes' not 'proof purposes'.

    In my Santander v Mayhew case I lost the s.78 legal argument (because they had produce documents) but won on different legal arguments because the documents produced were flawed and there was no OFT leaflet with the Default Notice (and other arguments).

    People often focus solely on the credit agreement when there are many more other ways to defeat a claim.

    Have you been receiving an annual Notice of Sums in Arrears (s 86)?

    I would want to see the Barclaycard Deeds since the conditions in a Deed can be relevant.

    We usually request a one day Hearing to deal with all the issues.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by Amethyst View Post
    need to do your WS either saying no documents ( backing up your defence) or, if docs turn up in the meantime, picking up any issues with the docs ( if they aren't all perfect and you don't decide to negotiate settlement at that point )... really it's still a case of wait and see.
    If the Claimant discloses documents at any stage after a Defence has been filed then the Defendant should file an Amended Defence since you cannot introduce new legal arguments in a Witness Statement.

    The DJ will decide the case based on the Defence filed at court. From what I can tell the OP's Defence more or less says the Claimant has not provided the documentation to prove their case.

    I've not seen the Defence but if there are assignment and licensing issues which have not been pleaded in the Defence then they can't be argued in court which could be a missed opportunity.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Hoist Portfolio Holding v Shinybee

    Well, ATM, this is an entirely standard non compliance with CCA case in small claims. IF documents show up and there are additional/new issues to be raised it can be dealt with then by amendment or whatever is most appropriate at that time, It's not really complicated by there being two claims. They haven't been joined thus far, and no one has requested them to be joined - they just both happen to have the same facts atm.

    DEFENCE is pretty standard and posted here > http://legalbeagles.info/forums/show...l=1#post748932
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by Shinybee View Post
    Thank you for a quick reply Di.

    Yes two DQs.
    I opened them around 2013
    I don't know if either of them have PPI

    Here is my Defence for both:

    In the Northampton County Court Business Centre
    Claim No: XXXXXXX
    HOIST PORTFOLIO HOLDING LTD :
    Claimant
    And
    XXXXXX
    Defendant
    DEFENCE

    1. I would initially like it be noted on the Court File, I responded to the Claimants Solicitor letter (Exbt 1), dated 11/05/17, with the attached Pre Action Conduct letter (Exbt 2), dated 21/05/17, requesting further information regarding the alleged debt. The Pre Action Conduct request was sent by Royal Mail Sign For (Exbt 3) and received by Claimants Solicitors and signed for on the 24/05/17 by XXXX.(Exbt 4).

    2. To date, Howard Cohen & Co, the Claimants Solicitors have failed to Acknowledge Receipt of Service this Request for Further Information and have failed to respond to the request. To ignore such a request, which was clearly received, and proceed with a claim is, in my opinion, an abuse of the court process.

    3. On 10/7/17 I received the claim XXXXXX from the Northampton County Court Business Centre showing the Claimants total disregard for my Request for Further Information made under the Practice Direction – Pre Action Conduct as they commenced proceedings against me.

    4. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.

    5. The Defendant alleges that the Claimants pleadings are an abuse of the process. The Claimants pleadings are lacking in detail, there are no details to when the alleged default occurred, despite requests for information from the defendant, and the Claimant has not provided any details as to how the sums have accrued. Accordingly the Defendant contends that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendant reserves the right to replead his defence should the Claimant replead its claim adequately.

    6. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974 but the defendant is unable to identify such an account within his own records.

    7. The particulars of claim fail to state when the agreement was entered into.

    8. The particulars of claim state that the account was assigned by Hoist Portfolio Holding Ltd. on a date not provided, and notice served. The Defendant does not recall receiving notice of this assignment.

    9. Upon the Claim clarifying matters set out above the defendant reserves his position to amend this defence further. The Defendant shall seek the cost of the amendments from the claimant due to the Claimants failure to plead its case adequately.

    10. The Defendant sent a request for inspection of documents (Exbt5) on the 18/07/17, by Royal Mail Signed For (Exbt 6) to the Claimants solicitors under Civil Procedure Rule 18.

    11. The Claimants Solicitors received this Request and was signed for by XXXX on 19/07/17 @11:05 (Exbt 7) but has not been replied to.

    12. Also on the 17/07/17 the Defendant sent requests for information (Exbt 8) to the Claimant, by Royal Mail Sign For (Exbt 9a), enclosing the statutory £1 fee (Exbt 9b). The request was made pursuant s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under, and to obtain further information about the terms of the contract.

    13. The Claimant received and Signed For the said Request on 18/07/17 (Exbt 10) but failed to reply and has not disclosed any documents relating to their claim to the Defendant.

    14. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 to date and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

    15. The Defendant has not yet been able to examine the terms and conditions which were enforce at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms or conditions are disclosed by the Claimant. The amendment will be due to the lace of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

    16. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

    17. It is denied that the original creditor, Barclays Bank Plc, served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    18. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudice.

    19. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant provides a copy of the Default Notice.

    20. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

    21. The Claimants statement of case fails to give adequate information to enable me, the Defendant, to properly assess my position with regards to the claim.

    22. Therefore, I respectfully apply under Section 4.6(1) of the Practice Direction Pre-action Conduct for the proceedings to be Stayed with immediate effect until the Claimants comply fully with the Request for Further Information made.

    23. It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth

    The Defendant believes that the facts stated in this Defence are true.

    Signed ________________________________
    Dated ________________________________
    There is the defence
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  24. #99
    Diana M's Avatar

    Authorised Representative



    Joined
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    Default Re: Hoist Portfolio Holding v Shinybee

    Quote Originally Posted by Amethyst View Post
    this is an entirely standard non compliance with CCA case in small claims. IF documents show up and there are additional/new issues to be raised it can be dealt with then by amendment or whatever is most appropriate at that time
    My point was that there is more then one way to litigate. I favour requesting disclosure not waiting for it to show up.

    If the Claimant can't comply with any request for disclosure then the Defendant can ask the court to force disclosure or strike out the claim.

    I can't agree that this is an entirely standard non compliance with CCA case when there are also licencing and assignment issues and potentially non compliance with s. 86. too (was there PPI?).

    If these were argued successfully then the claim would be unenforceable in court even if the credit agreement was rock solid in legal terms.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  25. #100
    Shinybee's Avatar

    Member



    Joined
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    Default Re: Hoist Portfolio Holding v Shinybee

    Thanks everyone for all your input.


    Have just received now documents from Hoist proclaiming to enclose:

    - Reconstituted Credit Agreement
    - Statements of account
    - Default Notice
    - Notice of Assignment

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