hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

I deffo have the copy of the CCA request to midas sent 10.05.2013 with appropriate postal order tv by recorded delivery and digitally signed.
16.02.13 semi harsh "we are part of the moorcroft group" call us and we can offera settlement.15.01.13, friendly letter from moorcroft..29,11.2012.........usual letter from viking collection services.None of them able to provide CCA

Simeon

You've not posted for a little while, can you update us so we can help you with this claim. We want to avoid your Defence being struck out if you fail to file relevant paperwork by court deadlines.

I think you should have received a Directions Questionnaire by now.

Get back in touch and we'll take it from there.

Plan B x

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Thanks for your email

We have someone assessing the situation for you. We need to see some paperwork. I'll list what's needed tomorrow.

Your DQ requires a response by 24th April which I can help you with.

Do you have a copy of the defence you filed online in error?

Plan B x

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

We need to see your paperwork urgently.

Email me what you've got with a copy to Niddy please.

What you need to avoid is your Defence being struck-out once the claim is allocated to a court and is looked at by a DJ. So far you have filed a blank(?) Defence online in error. This has to be remedied asap.

The Claimant has not complied with your CCA request and that should mean they can't enforce the debt, but neither they nor the court will know that if you don't tell them in a properly drafted Defence.

Call the court today to get a copy of whatever they have on file as your "Defence". They may insist on an email request in which case do that today.

Plan B x

I will check the files, I deffo have the copy of the CCA request to midas sent 10.05.2013 with appropriate postal order tv by recorded delivery and digitally signed.
16.02.13 semi harsh "we are part of the moorcroft group" call us and we can offera settlement.15.01.13, friendly letter from moorcroft..29,11.2012.........usual letter from viking collection services.None of them able to provide CCA

[Simeon]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

I have called the court and they say the other side have put nothing into court and have missed the first deadline they have to do so.

The court tell me I can email my amended defence to them but as yet nothing is going to happen as the other side have done nothing. They have not responded t my request for CCA either.

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

You have been sent a Directions Questionnaire. This would only happen if you have filed a Defence (which you sort of did). The first line of the Order says "This is now a defended claim".

After your Defence was filed the court would have written to the Claimant with a copy of your Defence asking them if they wished to proceed with their claim, and they would have been given 28 days to respond.

The Claimant must have told the court that they wished to continue with the proceedings within the 28 days timeframe or the Claim would have been stayed (put on hold). You would not have been sent a DQ unless the Claimant had told the court that they wished to continue.

So I'm not sure what deadline the Claimant could have missed. They will also have to complete a DQ and file it with the court on or before the same deadline as you (24th April) so they can't have missed that deadline since we've not got to that date yet.

In the meantime you really must get a copy of whatever it was you submitted as your Defence from the court. This is critical.

You sent a CPR 31.14 request to Howard Cohen solicitors. Have you had an acknowledgement or any response? If so email it to me.

Thank you for the scanned documents which are so much easier to read than the photographs. Can you also scan and send a copy of your CCA request from 2013 and any/every response to that request. These are important as evidence especially if they state they haven't got your CCA or if they've sent you a reconstituted copy (we need to see that).

Do you have a copy of a Default Notice in your files?

Have you received an annual statement of arrears?

Plan B x

[Simeon]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

The original CCA request was sent t Midas and no response

Hoist portfolio have sent a statement but have not responded to the CCA Request.

I have the default letter.

I will email the curt requesting what defence was put in explaining i did it in error and see what comes back

M

[Simeon]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

BTW that request was sent by recorded delivery on 06.03.15 with 1 pound postal order.

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

that request was sent by recorded delivery on 06.03.15 with 1 pound postal order.

Do you have a copy of the CCA Request you sent to Midas, and if it was sent recorded delivery did you print out a signed for receipt from Royal Mail track and trace service as proof?

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Hoist portfolio have sent a statement but have not responded to the CCA Request.

I have the default letter.

Thanks for the update.

Can you email me a copy of the Default Notice.

Can you also email the statement which Hoist have sent to you with any covering letter which came with it.

I assume you've had no reply from Howard Cohen to your CPR request.

Plan B x

[tastyjane]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Simeon, sorry I missed your call on Friday; George kindly gave me his tonsillitis and I have been really poorly since Friday morning - Antibiotics kicking in now so hopefully I will be back to full strength tomorrow, just in time for work!

I have a copy of the letter you sent requesting your CCA in word format if you need a copy - its important that you submit the right documents now if you have a chance to fight this - did you keep the screen shot of the signed for paperwork?

Di and Niddy are amazing but you need to make sure you keep your eye on the ball now - devil is in the detail I believe.

If you need anything just shout.

Jane x

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Please post the answers to these questions giving us a brief history of things in the lead up to the claim in the below format:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before April 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

I've emailed you this morning. We need this information pronto ^^^^

We also need a copy of the Default Notice and everything else listed in my email.

At the moment you have an outstanding section 78 request so if this account was opened before April 2007 then you may have the basis of a Defence albeit it will now have to be an Amended Defence since you've already filed a blank Defence on the MCOL system in error.

We need to get on with this so you don't get a CCJ.

Plan B x

[Never-In-Doubt]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

We can't help if you don't help yourself. At this rate you WILL get a default judgment and thus have a CCJ registered against you.

You must act now. If not then you can only blame yourself I'm afraid.

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Simeon you've not replied to any emails or posted on your thread so there's nothing more we can do until you do.

In the meantime I notice that your Directions Questionnaire must be filed by tomorrow's deadline. If you don't do that the court may strike out your Defence so the Claimant will get a judgement against you which we don't want to happen.

So fill in the form and email a scanned copy to the court and post the hard copy to the court.

It's an easy form to complete. You must tick the box for Mediation so as to look willing to co-operate. This will give you the opportunity to reach an agreement with the creditor without getting a CCJ if that's what you want to do.

Also put "1" in the box in answer to the question how many witnesses including yourself will be attending the hearing.

Once you've done that you may have protected your position and prevented a judgement but you are still vulnerable to the Claimant applying to strike out your Defence since you entered a blank one online.

I don't know what else more we can do for you at this moment in time.

Plan B x