Hoist Portfolio holding 2 Limited County court summons

[PlanB]

Re: Hoist Portfolio holding 2 Limited County court summons

I don't want to raise any hopes, but Cohen's tried the same with me some years back. I went to court and won as they did not bother to turn up. I suppose it depends where you live and what other cases they have on.

That can sometimes be the cheaper option for a Claimant. The hearing fee for a claim of this size is £115. They'd get that back if they notify the court in writing seven calendar days (plus one day either end) that it's been settled or Discontinued. If they continue then an agent to represent them at court will cost them about the same again depending on which part of the country etc.

That's why offers tend to come close to the deadline for bottling it in the most cost effective way.

It's all about timing when you decide to settle.

Plan B x

[512mattheww]

Re: Hoist Portfolio holding 2 Limited County court summons

>>>>>PLAN B>>>>>
Ref my CPR request, the Judge never made an order for the claimant to provide the documents, they just appeared two days on the 25^th September 19 days before the trial date, could I request the documents are inadmissible since they were 2 days late and I have not had time to properly consider them. I had been requesting the documents for the previous six months, to throw them at me last minute is unfair.

I was not ordered to file a WS in the same Directions Order of Aug 15, I do not know what a WS is. I was told I could update my defence within 7 days of the directions order, definitely not within 7 days of receiving claimant’s documents.

I am unsure when the debt was originally called in, I will check.

Correct, In my amended Defence I told the court that I may need to amend it again when/if I got the response for documents. I didn't mention SB in my Defence because I didn't have any information to assess the situation.


Howard Cohen provided an assignment notice, not sure what type, they also demonstrated that I opended account with Abbey National and Santander took them over.

I rang the court and HC have paid the hearing, still listed for the 14^th October 15.

I have not had a consent order or any other correspondence from HC, only letter of 25^th Sept 15.

Should a claimant have documents to hand when completing statement of truth at MCOL, and if they have not seen the documents what are they relying on when signing a statement of truth ?

I can scan and email you the HC letter and documents of 25^th Sept 15 if you want me to.

[512mattheww]

Re: Hoist Portfolio holding 2 Limited County court summons

With regards to striking out the defence, there would need to be a hearing for this? as far as I can see this is what CPR rules say

Could I make a request under 3.4 below to strike out the statement of case as HC have breached the Aug 15 order and provided documents on 25th Sept 2 days late, ? as below
Power to strike out a statement of case
3.4
(c) that there has been a failure to comply with a rule, practice direction or court order.

[PlanB]

Re: Hoist Portfolio holding 2 Limited County court summons

As previously asked, when did you last pay anything into this account?

When was the account 'called in' (bank demand for the full balance)?

Focus on things which have the potential to help you.

I'm surprised you say you were not expected to file a Witness Statement pre-trial. Re-read the Directions Order of August 15th to be sure. Has the Claimant filed a Witness Statement together with their documents?

DJs have discretion in some situations (e.g. interpretation of some CPRs). Documents arriving 48 hours late may be not be seen as the end of the world in their eyes when there is still more than two weeks time available before the hearing.

Plan B x

[PlanB]

Re: Hoist Portfolio holding 2 Limited County court summons

Ref my CPR request, the Judge never made an order for the claimant to provide the documents

This may have been because you never made a formal application (N244) to the court for an "unless" Order to force disclosure or strike out the claim if they didn't comply with the Order deadline. It seems from what you say that you simply wrote letters to Howard Cohen the Claimant's solicitors (correct me if I'm wrong).

Did you write to the court too (it's not clear)?

An application goes before a Judge to make a decision. A letter usually goes on the court file. Sometimes the letter gets read by the court admin and you're asked to make a formal application.

If there's no Order to force disclosure I can't see how you can ask the court to strike out the claim for failing to comply with your CPR request for documents.

But that may depend on what documents you have been sent following the 15th August Directions Order to provide all the documents the Claimant (and you) intend to rely on in court especially if they're the same documents as you were seeking in your CPR request (if you follow me).

Plan B x