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** DISCONTINUED ** Hoist Portfolio Holding v Shinybee

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  • #16
    Re: Hoist Portfolio Holding v Shinybee

    Originally posted by Shinybee View Post
    Hi Di yes my mistake, I meant to say, I am concerned that they will be bundled together and allocated to fast track, which I'm presuming is not in my favour because of the risk of potential costs.

    When you say Discontinued does that mean Struck out?

    I have sent a SAR but only received a letter from them headed Data Protection Act Request- voice recording, asking me to supply . . . . we are only able to search calls for past 12 months.
    Maybe your SAR Request was misunderstood by Barclaycard. They must send you all data held on their database/on file from time immemorial, not just a single transcript of a phone call!

    What letter did you send them and did you include the £10 statutory fee?

    To answer your other question: "Discontinue" is when the Claimant decides not to continue with the proceedings usually because they realise their claim is hopeless and they'll be at risk of costs despite being in the Small Claims Track.

    It's a decision made by the Claimant and not something ordered by the court such as a strike out after an Application has been made.

    The general idea is to box the opponent into a legal corner as early as possible in the proceedings so that they surrender (aka Discontinue) without the need to go to Trial.

    If you've filed a Defence before any Discontinuance (which you say you have done in both cases) then the Claimant cannot issue another claim based on the same or substantially the same facts including any legal arguments you raised in your Defence.

    At least that's the way my firm likes to litigate

    Di

    Comment


    • #17
      Re: Hoist Portfolio Holding v Shinybee

      Hi Di, here's my SAR letter and yes I did include the £10 postal order. I have noticed I had made a typo and put my the post code of my previous address as my present address post code. Could that be why they haven't responded sufficiently do you think?

      My Address
      Xxxxx
      xxxxxx

      Data Controller
      Barclays Bank PLC
      Privacy & Data Protection
      Radbroke Hall
      Knutsford
      Cheshire
      WA16 9EU

      27/07/17



      Dear Sir/Madam,

      Data Subject Access Request - Pursuant to the Data Protection Act 1998
      Data Subject:

      My Name

      Address as above, and formerly of:

      Previous Address
      Xxxxxx
      xxxxx

      Please supply all data that your company holds relating to my entire account history. Whilst not exhaustive, for the avoidance of doubt I list below what I require:
      o Full and legible copies of all contracts and agreements that have existed between myself and your organisation, including copies of any documents you hold in support of same. This is to include both accounts :

      xxxxxxxxxxx
      xxxxxxxxxxx
      o Full and legible copies of all statements relating to the above accounts. This is to include all credits, debits, charges & interest applied to my account(s) including details of any instances that required manual intervention. It is also to include monthly account balances.
      o Full and legible copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.
      o Full unedited copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.
      o Full and legible copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
      o Full details and legible copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.
      o Full and legible copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
      o Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of the same, and at the time it was held or provided to a third party.
      o If any data has been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or documents confirming details of destruction. If you are unable to provide such certificates, then I require a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
      Please be aware that the Data Protection Act 1998 clearly states that all information held must be disclosed and there is no correlation to the Limitation Act 1980 whatsoever. This request therefore lawfully includes any and all data which is older than six years. If you do not hold any data older than 6 years, then I require a signed declaration from your data controller confirming this, and a copy of all documents pertaining to its proper disposal.
      All data - including data held on a microfiche or similar systems - must be provided within 40 days, and if you require a fee for this, then I enclose the maximum statutory fee of £10.00 – which must not be used for any other purpose. If you choose to waive all or part of the fee, then please be aware that you will still have a legal obligation to comply with this request. I thank you in anticipation of a prompt and full response and compliance.

      Yours faithfully,

      Xxxxxx xxxxxxx

      *Enclosed* £10.00 fee.

      Comment


      • #18
        Re: Hoist Portfolio Holding v Shinybee

        Thank you grahamb I really appreciate your words and sharing your experience. I am so happy you won your case! : ) When you say you "got costs" do you mean that the Claimant paid your solicitors fee?

        Comment


        • #19
          Re: Hoist Portfolio Holding v Shinybee

          Originally posted by Shinybee View Post
          Hi Di, here's my SAR letter and yes I did include the £10 postal order. I have noticed I had made a typo and put my the post code of my previous address as my present address post code. Could that be why they haven't responded sufficiently do you think?
          Well that SAR letter seems to cover all bases so I'm not sure what their problem is.

          You have no dispute with them now that the debt has been assigned so maybe reply to their letter with a copy of your letter simply asking them to send all data as requested.

          Clarifying the post code blip may be helpful.

          No need to pick a fight or be confrontational.

          Di
          Last edited by Diana M; 15th September 2017, 21:54:PM. Reason: typo

          Comment


          • #20
            Re: Hoist Portfolio Holding v Shinybee

            Thanks Di, OK will do.

            Comment


            • #21
              Re: Hoist Portfolio Holding v Shinybee

              Hi all,

              I have received a text for both cases from the mediation service.

              1) So do I now inform them that I do not have enough info about the claim to allow me to enter into negotiations?

              2) It suggests emailing for contact. Is this advisable or should I keep to registered post?

              with thanks

              Comment


              • #22
                Re: Hoist Portfolio Holding v Shinybee

                If you haven't received anything yet ( I don't think you have?) then say No. Does their text actually ask the question ? I thought they wrote to people rather than texting. Seems a bit modern lol. Who does it suggest emailing ? Mediation service is fine to give email ( sometimes documents are supplied at mediation and emailed across ) but don't agree to email for service of documents etc in the actual case.
                #staysafestayhome

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

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #23
                  Re: Hoist Portfolio Holding v Shinybee

                  Originally posted by Amethyst View Post
                  If you haven't received anything yet ( I don't think you have?) then say No. Does their text actually ask the question ? I thought they wrote to people rather than texting. Seems a bit modern lol. Who does it suggest emailing ? Mediation service is fine to give email ( sometimes documents are supplied at mediation and emailed across ) but don't agree to email for service of documents etc in the actual case.
                  One that I am currently helping with, it was all done via email & phone (Mediation Service emailed first, & before we could reply, they phoned & it was dealt with then & there).
                  Same old same old...no disclosure of documents by Claimant, so not suitable for mediation & so referred back to court for allocation.
                  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


                  • #24
                    Re: Hoist Portfolio Holding v Shinybee

                    Thanks Amethyst ,(oops wrong app ) realised it was a email they sent rather than text. I had mis call from them today so will email back as they were too busy to answer my call back.

                    there email ad is: scmreferrals@hmcts.gsi.gov.uk

                    Comment


                    • #25
                      Re: Hoist Portfolio Holding v Shinybee

                      Thanks for that charitynjw - nice to know it is usual procedure and thanks for confirming i need to state "no disclosure of docs..."

                      Comment


                      • #26
                        Re: Hoist Portfolio Holding v Shinybee

                        I'll read back through you thread tomorrow.

                        Saying "No" to Meditation may/may not be a good thing. You need to be advised on your legal options and the consequences of them (your choices).

                        You have the freedom to 'fail' Mediation if you chose to go ahead with that option. Anything/everything discussed at Mediation is Without Prejudice so it can't be disclosed in ongoing court proceedings.

                        The claim is not for a small amount (£8k+?) and the Claimant (Hoist Portfolio) is unlicensed.

                        In fact unless I'm wrong (I'm always happy to be corrected) your thread is about TWO claims by Hoist for about £8k each.

                        So which text/email from the Mediation Service has you received in relation to which claim?

                        You have court claims against you for £16k so it's time to focus.

                        You may have a viable Defence to one but not the other.

                        Di

                        Comment


                        • #27
                          Re: Hoist Portfolio Holding v Shinybee

                          Hi all, I have a couple of questions. Back in May I responded to Cohens' Notice of Pending Legal Action letter with the following Pre Action Conduct letter:

                          Dear Sirs,

                          Re: Your Client – HPH Limited
                          Pre Action Conduct - Request for Information

                          With regard to your letter dated xxxxx 2017, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

                          As you have indicated you are acting on behalf of HPH Limited in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

                          As I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £xxxxx; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

                          I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

                          II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £xxxxx.

                          III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

                          IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

                          V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

                          VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

                          VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

                          Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

                          Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim Until said documentation is received.

                          As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

                          Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

                          I look forward to your response in due course.

                          Yours faithfully...

                          As the requested info hasn't been provided within the 40 days I am now considering making an Unless Order for each claim.

                          So my question is would it be in my favour to request that both claims be amalgamated to one, as they originated with same bank etc, before making the unless orders? Then I would only need to make one unless order for the both. Thus saving £255.

                          But as they are both for about 8k it would then bring them over 10k, so I presume then allocated to fast track yes? Would that be a bad move?

                          Many thanks
                          Last edited by Shinybee; 26th September 2017, 22:56:PM.

                          Comment


                          • #28
                            Re: Hoist Portfolio Holding v Shinybee

                            Thanks for your attention Di.

                            Yes correct- two claims for about 8k each

                            Can you explain the significance of the Claimant Hoist being unlicensed please?

                            Received email and missed call for each claim today.

                            My defences are identical.

                            Comment


                            • #29
                              Re: Hoist Portfolio Holding v Shinybee

                              Originally posted by Shinybee View Post
                              Thanks for your attention Di.

                              Yes correct- two claims for about 8k each

                              Received email and missed call for each claim today.

                              My defences are identical.
                              With respect I will be gobsmacked if your successful Defence(s) to both claims are identical (in legal terms)!

                              Each claim/account may/will have a different legal history.

                              Di

                              Comment


                              • #30
                                Re: Hoist Portfolio Holding v Shinybee

                                Originally posted by Shinybee View Post
                                Can you explain the significance of the Claimant Hoist being unlicensed please?
                                Not on an internet forum.

                                It's a complicated legal argument.

                                Di

                                Comment

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