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Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

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  • Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

    The above are taking me to Court for the following;

    THIS CLAIM IS FOR THE SUM OF £ 1405.23 IN RESPECT OF MONIES OWING PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA) UNDER ACCOUNT NO 77865000039451 THE DEBT WAS LEGALLY ASSIGNED BY SANTANDER CARDS LTD TO THE CLAIMANT AND NOTICE HAS BEEN SERVED. THE DEFENDANT HAS FAILED TO MAKE CONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGREEMENT. A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO SECTION 87(1) CCA. THE CLAIMANT CLAIMS 1. THE SUM OF £ 1405.23 2. INTEREST PURSUANT TO S69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8.00 PERCENT FROM THE 26/05/15 TO THE DATE HEREOF 14 DAYS IS THE SUM OF £ 4.31 3. DAILY INTEREST AT THE RATE OF £ .31 4. COSTS.

    - i have requested the following details in between me receiving the CCJ claim and submitting my defence.

    1. Credit Agreement Ref 778650000394512. Default Notice
    3. Assignment - Deed of Assignment

    - no documents have been sent and i have further sent another letter asking for the documents...
    - it has now been allocated to the small claims track where the claimant has to pay £115 to go to the hearing in August.

    I literally have never been in this situation before and followed the advice outlined in the forums but have no idea what my best options are now... ??? please help. there is a good amount of time between now and the hearing so any advice would be very welcome.

    the court has encouraged mediation for this case? should I take this up and explain i cant fully defend my case until i receive such documents??
    Tags: None

  • #2
    Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

    some insight would be great back guys if you can help at all please? :tinysmile_twink_t2:

    Comment


    • #3
      Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

      Amazing help

      Comment


      • #4
        Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

        Originally posted by jamese20 View Post
        Amazing help
        It's the bank holiday weekend ... many of the Beagles aren't around atm :sorry:

        Have you acknowledged the claim?
        Sent a CCA request?
        Sent a CPR request?

        I'll tag [MENTION=6]Amethyst[/MENTION] for you too x
        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: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

          hi kati,

          correct,

          it is now at a stage where the court have allocated it to the small claims track.. no documents have been received from hoist or their solicitors.

          i will be going to court in august - i was wondering what the best thing is to do now at this stage

          Comment


          • #6
            Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

            Btw, it's unlikely you'll get the deed of assignment; it's probably the Notice of Assignment you require.
            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


            • #7
              Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

              Agreeing to mediation looks good for you ... although the mediator will most likely say they cannot continue if you have not received any documentation

              At this stage it is just a 'waiting game'
              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


              • #8
                Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

                Thanks for the help kati

                So I should agree to do a mediation...? And they will say that can't Continue if I turn around and say no documents have been received?? Sounds promising

                Comment


                • #9
                  Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

                  mediation will state it will be returned to court for the next step due to non disclosure of documents to you!

                  Comment


                  • #10
                    Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

                    Hi yes agree to mediation, you will receive a phone call from them asking you 4 questions and you'll need to be able to answer yes to all 4 when you say you haven't received any paperwork the lady will say mediation is not suitable for your case

                    Comment


                    • #11
                      Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

                      Originally posted by stu82 View Post
                      Hi yes agree to mediation, you will receive a phone call from them asking you 4 questions and you'll need to be able to answer yes to all 4 when you say you haven't received any paperwork the lady will say mediation is not suitable for your case
                      OK thanks for your help... would it be best to wait further down the line to request mediation... make the claimant panic potentially? especially if they have no docs..

                      Comment


                      • #12
                        Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

                        claimant dealing with hundreds so they will not panic, they live in the hope you panic and give in! it is all a game of chance with them!

                        Comment


                        • #13
                          Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

                          cheers for the insight mike...

                          you think they will actually attend a hearing... how much would it cost them for attending a hearing also?

                          Comment


                          • #14
                            Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

                            might pay you to look at other threads regarding Hoist that will give you an idea the method they seem to follow in a lot of cases! nothing is definate!

                            Comment


                            • #15
                              Re: Hoist portfolio holdings limited 2 / howard cohen solicitors vs jamese2

                              struggling to find a thread at the moment that has my time period of the claim?

                              i also now know that hoist are not fca approved and howard cohen are not FCA approved - in this case are they even legally allowed to pursue me for this debt? should i point this out at mediation or point it out as a trump card at court??

                              Comment

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