Court claim received

[The Tech Clerk]

I’ll take the slap on the wrist. There was no harm intended. I have spoken with Di about this so thought it to be all above board. I only posted as I forgot what Di advised in our conversations regarding the 28 day extension and haven’t been able to get in contact with her to confirm, so thought I would very quickly ask on here. Obviously not!

If he requires help then let him join, and get help here, you are putting Di in to a awkward position/ as a representative of a company on here due to 3rd party, so to put things right ask him to join the site, if help is needed save as to any problems in procedure?

[scottygees]

Scottygees:- Point of Order ? if I read this right you are posting for a 3rd Party on here and using resources of AAD for a non member? this is not what this site is about, it is for people who themselves have the problem and personal to them only, unfortunately we have to safe guard ourselves and our members, not open forum use. Get him to join the site and keep things above board please!

Note:- We do not want the Possible use of any of our information/letters etc for use/referred to on any other web site is breech of trust of the AAD and associates intentions and could cause untold trouble. If you have/need to post on other sites then do so BUT do not pass information from AAD site or correspondence appertaining to/been supplied on here for our own bonified members.

I’ll take the slap on the wrist. There was no harm intended. I have spoken with Di about this so thought it to be all above board. I only posted as I forgot what Di advised in our conversations regarding the 28 day extension and haven’t been able to get in contact with her to confirm, so thought I would very quickly ask on here. Obviously not!

[The Tech Clerk]

Scottygees:- Point of Order ? if I read this right you are posting for a 3rd Party on here and using resources of AAD for a non member? this is not what this site is about, it is for people who themselves have the problem and personal to them only, unfortunately we have to safe guard ourselves and our members, not open forum use. Get him to join the site and keep things above board please!

Note:- We do not want the Possible use of any of our information/letters etc for use/referred to on any other web site is breech of trust of the AAD and associates intentions and could cause untold trouble. If you have/need to post on other sites then do so BUT do not pass information from AAD site or correspondence appertaining to/been supplied on here for our own bonified members.

[scottygees]

Very quick question, when sending the COR31.14 letter does it need to be amended in anyway, namely the 28 day extension. Does that part of the letter benefit the claimant or the debtor. Hope you can advise as need to get this sent off tonight. Thanks

[Never-In-Doubt]

Diana Mayhew

https://all-about-debt.co.uk/forum/d...ow-to-complete

[scottygees]

I'll reply to your email tomorrow, and we'll take it from there.

Enjoy the rest of your weekend.

Di

Di I have just pm you regarding our conversation at lunch today.

[Joanna Connolly Solicitors]

Can you let me know how he needs to respond.

I'll reply to your email tomorrow, and we'll take it from there.

Enjoy the rest of your weekend.

Di

[scottygees]

Yes it's arrived safely (that was quick!)

I note that the Claimant does not have FCA authorisation

I'll explain the relevance of that later, but it means this legal argument may form part of his Defence.

Jo explains it here >




Di

Thanks for the speedy reply. Sounds promising. Can you let me know how he needs to respond. Many Thanks once more

[Joanna Connolly Solicitors]

Just sent you the front page, can you confirm receipt.thanks

Yes it's arrived safely (that was quick!)

I note that the Claimant does not have FCA authorisation

I'll explain the relevance of that later, but it means this legal argument may form part of his Defence.

Jo explains it here >

Both of these companies are not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

Their cases, or their predecessors Hoist Portfolio Holding 2 Limited and Hoist Portfolio Holding 2 Limited, rarely reach trial in cases we are involved with. They have not been successful at trial with us.

We look forward to using the same legal arguments in the future against Hoist which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

The Hoist companies also have issues with their assignment process and documentation.

If you are currently defending a claim with either of the Hoist companies, whether stayed or ongoing, or they have obtained a Default Judgment against you and you have any query please post any queries on this thread..

Di

[scottygees]

Start by emailing me the first page of the claim form so I can see what they are claiming and why they think they have the right to claim it.

If they haven’t pleaded their case properly then they will struggle.

The deadline for filing the Acknowledgment of Service is 19 days from the claim Issue Date, so hopefully plenty of time to formulate a plan, unless he’s missed that deadline while burying his head in the sand since it was served.

What is the claim Issue Date (on the top right of the front page)?

Di

Just sent you the front page, can you confirm receipt.thanks

[Joanna Connolly Solicitors]

Di can I ask what information you need from me and I will try and attain it.

Start by emailing me the first page of the claim form so I can see what they are claiming and why they think they have the right to claim it.

If they haven’t pleaded their case properly then they will struggle.

The deadline for filing the Acknowledgment of Service is 19 days from the claim Issue Date, so hopefully plenty of time to formulate a plan, unless he’s missed that deadline while burying his head in the sand since it was served.

What is the claim Issue Date (on the top right of the front page)?

Di

[The Tech Clerk]

I wouldn’t tell him to send anything to anyone until he’s had some legal advice based on the facts of his case.

Ive got your other emails so feel free to add this to the list

Di

Quote:- CPR request have a word with

Diana Mayhew

in the 1st place

[scottygees]

Before giving advice on managing a court claim it’s essential to establish the facts.

Part 18 Questions can be relevant especially since the Claimant may lack FCA authorisation.

Di

Di can I ask what information you need from me and I will try and attain it.Thanks

[Joanna Connolly Solicitors]

Di

the simple facts of the case are he defaulted,didn’t pay anything and then . . .

So not quite sure how he can proceed.

Because Hoist may not have the legal right to issue a claim?

What is the precise name of the Claimant.

I assume the solicitors are Howard Cohen?

Di

[Joanna Connolly Solicitors]

acknowledge on line receiving N1 court form - tick defend all , do not give I&E info send a CCA1974 request recorded delivery with a £1.00 p.O. send CPR request have a word with Diana Mayhew in the 1st place

Claim Received CCA Request Template

CPR 31:14 - Inspect Document Request (CCA not Sent)

di@joannaconnollysolicitors.co.uk

Before giving advice on managing a court claim it’s essential to establish the facts.

Part 18 Questions can be relevant especially since the Claimant may lack FCA authorisation.

Di