**SORTED** Hoist Portfolio Holding 2 Ltd v Mystique

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi
Apologies for daft question yesterday. It made complete sense when I looked at the CCA.
So, have submitted my defence online. Thank you so much for your advice.
I'll keep the forum posted with anything I receive
Kind regards
Mystique

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Good morning everyone
I've received a letter today from Robinson way stating:
"Following your request, we have today asked for a copy of the agreement / statement to verify that you are liable to pay the amount due. You account has been placed on hold temporarily pending receipt of this documentation and we will contact you again in due course"
Can anyone tell me how RW feature in all this?
Kind regards
Mystique

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Can anyone tell me how RW feature in all this?

I can

Robinson Way are the DCA which acts for Hoist.

They've sent you a letter stating that they (on behalf of the Claimant) don't have the credit agreement (yet). They'll need that (or a recon of it) in order to enforce the debt in court.

You filed your Defence last week so wait and see what their next move is. They'll have 28 days to make up their mind.

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Thanks Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Good evening all

I've received a document from the court - Notice of Proposed Allocation to the Fast Track.
I now have to complete Form N181 Directions Questionnaire.
Does this mean that the court has heard from H2H?
I have not received a response to my request for information from H2H (apart from an acknowledgement letter from Robinson Way) or from Cohen & Co - should I send another letter chasing for the info?
Any advice will be gratefully received

Kind regards
Mystique

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Good grief no, don't chase them for the information they need to prove their case in court, it's their problem if they haven't got it not yours.

They've clearly told the court that they intend to continue with the claim (which is why you've been sent a DQ) presumably hoping to play catchup with the paperwork as things trundle along. In the Fast Track it's 30 weeks from allocation to Trial at the quickest.

Did you send a SAR to Barclaycard as I suggested?

I'll read back through your thread tomorrow before I make any more suggestions on what you need to do next.

What you don't need to do is panic

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi Di

Yes, I have sent a SAR to Barclaycard - I need to arrange to go to a nominated bank with ID as my address does not correspond with their records (I did list my addresses since about 1990.
I left my response to them whilst waiting to see if this was going to progress - I'll respond to them and arrange to go in and collect data requested.
Many thanks for your quick response - will def. try not to panic
Mystique

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Posted 26th March >

I've received a document from the court - Notice of Proposed Allocation to the Fast Track.
I now have to complete Form N181 Directions Questionnaire.

What is the court deadline for filing your DQ?

This claim is about to be allocated to the Fast Track so you need to do everything correctly to minimize your risk of paying the other side's legal costs if you lose.

Di

[charitynjw]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Sorry to be a pain but what does #11 mean?

This?

Yes, that's the one

Btw, re the above.
s77 CCA 1974,
http://www.legislation.gov.uk/ukpga/1974/39/section/77

(Better late than never! )

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi Di

Deadline is 24th April

M

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

I've spent a while researching your forum etc and I think I understand what is required for the Directions Questionnaire (Form N181)
I have a few questions along the way that I've but in bold. Any comments would be appreciated.
I haven't filled out the form as yet but will list questions below:

A. SETTLEMENT
1. No
2. No
3. The Claimant has failed to provide the Defendant with further information relating to the original debt from which their claim originates. Therefore the Defendant is unable to consider settlement while the Claimant fails to evidence their claim

B. COURT
1. Ignore
2. Yes, ............. Court because the Defendant is a Litigant in Person and the Claimant is a company

C. Pre-action protocols not sure what to put here

D. CASE MANAGEMENT INFO
1. No
2. I haven't suggested in proposed directions about any change to the track. Should I?
3. Ignore
4. Disclosure Directions (attached as a separate sheet)

Claim No.........
Name of Claimant v Name of Defendant

The Defendant received a notice from the County Court Business Centre, 4th Floor St Katherine's House, 21-27 St Katherine's Street, Northampton, NN1 2LH dated 22nd March 2017 proposing that this case is suitable for allocation to the fast track.

1. Disclosure of documents will be dealt with as follows:
a) By ....... on .......... both parties must give each other standard disclosure of documents list
b) By ...... on ........ any request to inspect the original of, or to provide a copy of, a disclosable document must be made
c) Any such request, unless objected to, must be complied with within 14 days of request

2. Evidence of fact shall be dealt with as follows:
By...... on ...... both parties must serve on each other copies of the signed statements of themselves along with any evidence on which they intend to reply

3. No permission is given for expert evidence

4. The defendant shall lodge an indexed bundle of documents contained in a ring binder and with each page clearly numbered, and a case summary of no more than 250 words, at the court no more than 7 days and no less than 3 days before the start of the trial

E. EXPERTS - no

F. WITNESS NAMES - just me

G. TRIAL OR FINAL HEARING TIME -not sure - 1hr?

H. Ignore

I. No

I've not received anything from the Claimant - should I contact them re: their DQ? as I note there should be an attempt to agree
When should I send this back to the court?

I do hope that this makes sense and shows I've grasped what is required.
I look forward to receiving comments.

Kind regards
Mystique

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

You've reached the stage in these proceedings where they are being allocated to the Fast Track and you're wrestling with DQ and Draft Directions.

I would expect there to be a CMC (Case Management Conference/hearing) for you to deal with (to perhaps narrow down the issues and further Directions could result) and possibly Costs Schedule matters.

I'm not in a position to comment on the content of court papers which are not prepared by my firm but I have noticed you've put 1 Hour as the estimated time for the Trial when I would suggest 1 Day is more likely in contested cases.

Here is the intended CPR timetable of the proceedings (unless interrupted by applications from either party) which you'll see last 30 weeks from allocation to Trial > https://www.justice.gov.uk/courts/pr...l/rules/part28

I hope this helps you to see what lies ahead.

(Free telephone Mediation is not available to Fast Track cases.)

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Anyone else able to answer my queries please?

Mystique

[nemesis45]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Anyone else able to answer my queries please?

Mystique

Hello Mystique don't worry your post will be answered asap I like others here are volunteers and have families so the forum may be a little quiet on a Friday evening.

nem

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Thanks Nem