Hoist/Howard Cohen

[ADDLED]

Re: Hoist/Howard Cohen

IVE BEEN A BIT OF AN IDIOT...

Hi all, happy new year!
I've had a negative development in the 2 claims from Hoist. I received a Notice of Allocation for each case a few days apart. The first one was allocated to small claims track, case is listed for a window in May 2018, documents to be exchanged 14 days prior to the hearing.

Yesterday i got a pack of documents from Hoist for the 2nd case, today i got a Judgement letter from the court. STUPIDLY I didnt read the details of the 2nd case and assumed theyd both been allocated to small claims track; not the case, I should have disclosed documents by early December and they've now got judgement against me, main reason is lack of defence.

I know that Ive been monumentally stupid.. Is there anything I can do to sort this mess ive made?

[Diana M]

Re: Hoist/Howard Cohen

IVE BEEN A BIT OF AN IDIOT...
know that Ive been monumentally stupid.. Is there anything I can do to sort this mess ive made?

Possibly.

Did the Claimant comply with Directions for both claims/cases (it’s not clear from your post)?

Di

[Diana M]

Re: Hoist/Howard Cohen

Looking back through your thread I can see that Joanna Connolly (my firm) advised you on what you needed to do to protect your legal position in post # 99 on the 3rd August 2017.

Can you update on what happened after that.

You must file a defence in as quickly as possible. If you don't then you will probably get a default judgment. What is the reason for the delay in this?

Are you not getting help from the forum? If not please try a pro bono centre or Law works .

Hoist Portfolio are unlicensed so it would be a pity if they were to achieve a judgement against you.

Di

[ADDLED]

Re: Hoist/Howard Cohen

Possibly.
Did the Claimant comply with Directions for both claims/cases (it’s not clear from your post)?Di

Hi Diana, tks for your reply. Forgetting the first case for now (small claims, claimant/me have until 14 days prior to swap docs so not urgent at all) I'll list details of the one with the judgement:

1) Oct 2017: Ordered to complete directions questionnaire - both parties complied.
2) Nov 2017 - Allocation to Fast Track received, Disclosure of Docs to be swapped by 4pm 12 Dec 2017.
3) 15 Dec 2017 received disclosure form from claimant (dated 12 Dec but accompanying letter dated 14 Dec, so 3 days late).
4) 15 Dec 2017 - realised i hadnt sent this so i printed off and mailed a copy of the N265 form to the claimant.
5) Jan 2018 - received Judgment "Summary Judgment" upon reading the application dated 20 Dec 2017...

"This order has been made without a hearing under courts case management powers contained in the Civil Procedure Rules, Part 3. You may within 7 days of the service of this order apply to the court to set aside... under part 23 rule 10...etc.

So, it seems the claimant has submitted their document disclosure a few days late and then applied for judgment as mine wasnt received on time. It seems quite unfair since they were late also.

Regarding the evidence, their recon T&Cs are a mess and, without going into detail here, I could easily pick apart, so i feel i have a strong defence.

Considering the above, what do i do now?

thanks again,
ADD

[pt2537]

Re: Hoist/Howard Cohen

Hi Diana, tks for your reply. Forgetting the first case for now (small claims, claimant/me have until 14 days prior to swap docs so not urgent at all) I'll list details of the one with the judgement:

1) Oct 2017: Ordered to complete directions questionnaire - both parties complied.
2) Nov 2017 - Allocation to Fast Track received, Disclosure of Docs to be swapped by 4pm 12 Dec 2017.
3) 15 Dec 2017 received disclosure form from claimant (dated 12 Dec but accompanying letter dated 14 Dec, so 3 days late).
4) 15 Dec 2017 - realised i hadnt sent this so i printed off and mailed a copy of the N265 form to the claimant.
5) Jan 2018 - received Judgment "Summary Judgment" upon reading the application dated 20 Dec 2017...

"This order has been made without a hearing under courts case management powers contained in the Civil Procedure Rules, Part 3. You may within 7 days of the service of this order apply to the court to set aside... under part 23 rule 10...etc.

So, it seems the claimant has submitted their document disclosure a few days late and then applied for judgment as mine wasnt received on time. It seems quite unfair since they were late also.

Regarding the evidence, their recon T&Cs are a mess and, without going into detail here, I could easily pick apart, so i feel i have a strong defence.

Considering the above, what do i do now?

thanks again,
ADD

you mention Summary Judgment? Have you received an N244 application notice asking for Judgment under Civil PRocedure Rule 24?

[Diana M]

Re: Hoist/Howard Cohen

Hi Diana, tks for your reply

Jan 2018 - received Judgment "Summary Judgment" upon reading the application dated 20 Dec 2017...

"This order has been made without a hearing under courts case management powers contained in the Civil Procedure Rules, Part 3. You may within 7 days of the service of this order apply to the court to set aside... under part 23 rule 10...etc.

So, it seems the claimant has submitted their document disclosure a few days late and then applied for judgment as mine wasnt received on time. It seems quite unfair since they were late also.

Regarding the evidence, their recon T&Cs are a mess and, without going into detail here, I could easily pick apart, so i feel i have a strong defence.

Considering the above, what do i do now?

What is the date of that Order ?

Di

[pt2537]

Re: Hoist/Howard Cohen

you mention Summary Judgment? Have you received an N244 application notice asking for Judgment under Civil PRocedure Rule 24?

And if the Claimant has made an application to the Court and you havent been served with a copy , you can apply to set the order aside so its not the end of the world either you

[ADDLED]

Re: Hoist/Howard Cohen

you mention Summary Judgment? Have you received an N244 application notice asking for Judgment under Civil PRocedure Rule 24?

Hi pt, tks for responding. No, havent received anything. Should this have been from the court?

[pt2537]

Re: Hoist/Howard Cohen

Hi pt, tks for responding. No, havent received anything. Should this have been from the court?

ahh ok its just that you mentioned "Summary Judgment" which is normally an application under CPR 24 etc, that is why i asked.

[ADDLED]

Re: Hoist/Howard Cohen

Naaa, sorry I was quoting the Judgment form:

"IT IS ORDERED THAT
1. Summary judgment for the claimant against the defendant pursuant to CPR 24(2)(a)(ii)(b).
Reason: The defence discloses no coherent statement of faxcts confirming that the defendant has a real prospect of successfully defending the claim.

tks.
ADD

[ADDLED]

Re: Hoist/Howard Cohen

What is the date of that Order ?
Di

Sorry i didnt see your questiopn. Its dated 10 Jan 18.

[Amethyst]

Re: Hoist/Howard Cohen

First of all you need to find out how that Judgment arose, the wording of the Judgment seems to say that the claimant applied for Summary Judgment ( you should have had a copy ) on the grounds that " The defence discloses no coherent statement of faxcts confirming that the defendant has a real prospect of successfully defending the claim" as per the Judgment order reason. ( actually CPR wise it's (ii) that defendant has no real prospect of successfully defending the claim or issue; and (b) there is no other compelling reason why the case or issue should be disposed of at a trial. )

At the bottom of that judgment order does it say about applying within 7 days as it has been made without a hearing/without notice ? You're going to have to get things moving and find out what happened to get an application to set aside in.

What was in the pack of documents you received ? does that included request for summary judgment, all the documentation for the claim ( agreement/default notice etc ?) and witness statements ? or is it a delayed delivery of their WS's ordered by the court ? ( if so might be worth checking with the court when the WS was received by the court as you didn't receive anything until this Summary Judgment)
You also mentioned you assumed it was allocated to small claims track but it wasn't - so was it allocated to fast track ? Was there any directions with the hearing letter that you didn't read but do have a copy of now ?
What do you think is wrong with the T&C's ?

Probably really help if you can do pics of the documents you have received to help figure out what you need to do now.

[ADDLED]

Re: Hoist/Howard Cohen

Hi Amethyst, thanks for your post this morning. Apologies for taking all day but we've been having a bit of a family crisis past few weeks and I've barely had time to sit down, head in a bit of a spin.
I'll try to answer your comments as best I can:

First of all you need to find out how that Judgment arose, the wording of the Judgment seems to say that the claimant applied for Summary Judgment ( you should have had a copy ) on the grounds that " The defence discloses no coherent statement of faxcts confirming that the defendant has a real prospect of successfully defending the claim" as per the Judgment order reason. ( actually CPR wise it's (ii) that defendant has no real prospect of successfully defending the claim or issue; and (b) there is no other compelling reason why the case or issue should be disposed of at a trial. )
At the bottom of that judgment order does it say about applying within 7 days as it has been made without a hearing/without notice ? You're going to have to get things moving and find out what happened to get an application to set aside in.

Copy judgment attached.

What was in the pack of documents you received ?

Their witness statement has the following docs:1) photocopies of the 'agreement'.
2) heavily redacted copy of Deed of Assignment.
3) copy statements.
4) copy default notice from a debt collection agency.
5) notice of assignment from MKDP LLP to Hoist.
6) Robinson Way letter.
7) Howard Cohen threat letter.

does that included request for summary judgment?

No, nothing at all regarding that.

or is it a delayed delivery of their WS's ordered by the court ?

It seems to be, i received it a day or two after the judgment letter.

if so might be worth checking with the court when the WS was received by the court as you didn't receive anything until this Summary Judgment)

I'll call them in the morning

You also mentioned you assumed it was allocated to small claims track but it wasn't - so was it allocated to fast track ? Was there any directions with the hearing letter that you didn't read but do have a copy of now ?

Exactly that; I had already received notice of allocation for another Hoist claim that was a similar amount that was allocated to cmall claims, hearing in spring so i have months to get my defence written up. When i received NoA for this one i stupidly didnt read it properly and assumed same.

What do you think is wrong with the T&C's ?

The dates don't match, terms quote a date a couple of years after they claim i signed the agreement so can't be a reconstituted copy of the original agreement.

Please let me know if there's anything ive missed out.
thanks again
ADD

[Amethyst]

Re: Hoist/Howard Cohen

Hi Addled, Just so you know I got your PM and I'm just reading your post through now xxx

I'll call them in the morning

Did you, and what did they say ?

The dates don't match, terms quote a date a couple of years after they claim i signed the agreement so can't be a reconstituted copy of the original agreement.

okay cool, in their witness statement do they plead that it is the original, or that it is the terms as varied ?

Is this ( http://legalbeagles.info/forums/show...l=1#post739749) the Defence you entered for THIS claim ?

( we should split these two claims into separate threads from here really but lets get this bit sorted first - just confusing reading back to figure out exactly where you are on this one )

What's the wood covering up ( para 2 ? )

[ADDLED]

Re: Hoist/Howard Cohen

What's the wood covering up ( para 2 ? )

Judgment amount etc, identifying info.