Howard Cohen - Notice of legal action - Help.

[MrMartyn1984]

Hi all,

I hope someone can help.

I've been attempting tp negotiate with Lewis Recover for some time for my wifes Santander Mothercare acc with an outstanding balance of £890 (although about £190 of this is interest and charges). Today we've received a notice of intended legal action from another arm of the same company Howard Cohen. I've read they are quite happy to take people to court so I'd like to know how we stand.

My wife gave up work to look after our daughter and is also pregnant with our second. I've offered token payments of £1 as I am currently looking for a career change and once that comes so will a higher wage!

Lewis have refused the £1/month however I have setup a standing order so it does show we are willing to pay.

What can I do or is it more than likely off to the courts now :-( if so how can I defend something she has used and we simply can't afford at the minute?

Also I'm the one dealing with this for her, would she have to actually go to court or is it done through the post?

Manu thanks.

[ncf355]

Re: Howard Cohen - Notice of legal action - Help.

Hi,

Please do not let this these "people" stress you out

If you do a search for Cohen on here, they are well known for there tactics - yes, they do commence court action but more often than not it is on the back of very poor documentation (I have experienced this myself for a Burtons account)

Above all - NEVER, EVER talk to them on the phone - if they call you, ignore the call

Keep up your attempts to pay the £1/month - you need to show willing (you quite obviously understand this from your post)

Keep all communications with them via letter and ensure every letter goes via recorded post so you can show that you have been communicating

Do you have a copy of the credit agreement that relates to the debt they are contacting you about?

Have they sent you a Default notice under Section 87 of the consumer credit act 1974?

Cheers

NcF

[MrMartyn1984]

Re: Howard Cohen - Notice of legal action - Help.

Hi.

To be honest I don't think we've had a default notice, but I'm not 100% sure. We also don't have a copy of the agreement as it was all originally done online.

All communication has been by letter and I have copy's of the letters sent.

Thanks

[ncf355]

Re: Howard Cohen - Notice of legal action - Help.

Hi,

you need to get all the info from them

Send this -

REQUEST UNDER SECTION 78 OF THE CONSUMER CREDIT ACT 1974

Dear Sir/Madam,

I refer to your recent communications reference:

Mothercare/Santander Account: XXXX XXXX XXXX XXXX

As is my right, I request that you send:

- A true copy of the original agreement
- A copy of any documents refered to therein (such as terms and conditions)
- A signed statement detailing how the current balance you claim has been arrived at

I enclose the required fee of £1 (for the avoidance of doubt, this £1 is payment for the Section 78 fee, not payment on the account), and require you to provide the above within the prescribed maximum time of 12 working days (this letter having been sent on X date via special delivery and assumed to arrive on X date, 24 hours later).

Yours faithfully,

Mr X



Anyone else have suggestions for the best move?

[MrMartyn1984]

Re: Howard Cohen - Notice of legal action - Help.

Ok thanks, will get that sent off tomorrow by registered post.

Only othe thing is, if this does come to a court case and we dispute/defend it does that mean my wife would have to go to court as she'll never go. If I can do all the work by letter that will be perfect.

Thanks

[jax007]

Re: Howard Cohen - Notice of legal action - Help.

Only othe thing is, if this does come to a court case and we dispute/defend it does that mean my wife would have to go to court as she'll never go.

I think you can 'represent' her as a Litigant Friend but I'm not sure if you can go on her behalf or just accompany her - in fact, I think there is provision on one of the forms for this.

Sure someone will put me right on that.

[MrMartyn1984]

Re: Howard Cohen - Notice of legal action - Help.

So the o ly way not to go to a court is to accept the balance and offer payments through the court for them to decide what you can pay?

Thanks again

[parkerboy]

Re: Howard Cohen - Notice of legal action - Help.

if court action has been threatened you have grounds to send a request under CPR for docs they intend to rely

[WendyB]

Re: Howard Cohen - Notice of legal action - Help.

Send an SAR and the accompanying £10 fee, to the Original Creditor. This will get all the information they have on you. If you already have statements etc which show all the charges, late payment, returned DD charges etc, then put in a claim for repayment of those charges. This will then reuce the balance owing when the charges are refunded. In the meantime inform Cohens that the account is in dispute and refer them to OFT 664 which precludes the chasing of a disputed debt.

Just because they threaten legal action doesn't mean they will do it. Do their letters say "will" or "may", there's a world of difference.

[ncf355]

Re: Howard Cohen - Notice of legal action - Help.

if court action has been threatened you have grounds to send a request under CPR for docs they intend to rely

Mighht be proved wrong here but I believe the problem here would be CPR 31 doesnt apply to small claims cases, which this most certainly would be

I think the SAR idea is a good one, would be good to get all the info available

[scott free]

Re: Howard Cohen - Notice of legal action - Help.

Hi, sorry to here of your family problems.

Just a quick word, I have had dealings with them in the past. They threaten but stopassed on to another associated company.

They might say that youcannot be given information under data protection act. if they do get partner to sign leter authorising you to act on her behalf.

By doing this they have to deal with you, and should stop partner having to go to court.

I am no lawyer, but I hope it helps, and good luck

Martin

[Growingman72]

Re: Howard Cohen - Notice of legal action - Help.

I had fun with Cohens some years ago and was at the time unemployed I went to court with an income and benefit statement as I had offered a reasonable some per month for the debt which was for the princly sum of £80! The court ruled that I had to pay a nominal sum of £2:50 per month and that Cohnes could not charge abitrary fees and costs so they got stuffed on that one. So dont let them rail road you as they are assholes.