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Howard Cohen & Co Letter of claim

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  • Howard Cohen & Co Letter of claim

    Hi everyone. I am desperately in need of some help.

    I have an alleged Barclays debt for a car finance in my name that someone else was supposed to pay. I have epilepsy so have never had a driving licence. The log book was not in my name. I wasn't present for the "purchase" and nothing was ever signed by me or presented to me. I was doing a favor for someone!

    This has been passed to multiple CCAs and has landed at Howard Cohen & Co who have now sent a Letter of claim. I assumed it was statute barred by now but after checking my credit report (with ClearScore), it says that payments were made up to March 2013.

    In June 2017 we sent a letter requesting the credit agreement to Hoist who were contacting me over this, along with a full breakdown of the account including any interest or charges applied. They sent back an agreement which "represented" the original one. i.e it was an example of the agreement that they claim would have been signed and not the actual agreement. This wasn't signed.

    They called us a few days later to check that we received it when we pointed out that the signature or proper contract wasn't sent. The person on the phone didn't really comprehend so we ended the conversation and didn't think anything of it.

    Now Howard Cohen & Co sent a letter of Claim acting for Hoist.


    The only information that I have is from the ClearScore report where some strange things seem to be going on. Firstly there are 3 accounts for this and they are all filed under the "closed" section of the report and not "open". Secondly, the payment history for Barclays ends in August 2012, Clydesdale Partner Finance didn't have payments for Nov, Dec 2012 and Jan 2013 but did for Feb and March 2013. The Hoist one has full payments up and including March 2013 when they seem to stop.

    Where do we go from here? I am absolutely bricking it as there is no way I can afford the 2,500 at the moment and looking at loans available there is noway I can get it financed. I am also scared as I think the letter of claim is them trying to get the ball rolling with taking it to court.

    With the information given here does anyone have any advice that they can give me, ideally to dispute this debt and to get me to March next year, which is 6 years after they say was the last payment?


    Tags: None

  • #2
    Sorry, just for clarification, it was Robinson Way who we wrote to who sent the example agreement to us and not Hoist.

    Comment


    • #3
      wasn't present for the "purchase" and nothing was ever signed by me or presented to me.




      How was the finance agreement taken out ? online, at car showroom place etc?

      Where is the car ?

      And have you discussed this with the person you allowed?enabled? to obtain the finance in your name - that is meant to be paying for it.

      Is the letter you have received a formal letter of claim, with a form to complete and return ?

      Send a CCA request to HOIST ( as they are creditors ) - and if you can, post up the example agreement.

      Send a SAR to Barclays Partner Finance ( or whoever the finance is with originally ) to get all the details. Do that now, it is free, just a stamp …
      http://legalbeagles.info/library/guides_and_letters/court/subject-access-request/
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        How was the finance agreement taken out ? online, at car showroom place etc?
        It was at a second hand showroom place.

        Where is the car ?
        As far as I remember it was scrapped, but I have never had the reg number to look it all up.

        And have you discussed this with the person you allowed?enabled? to obtain the finance in your name - that is meant to be paying for it.
        No, it is an ex boyfriend that I would really like to keep out of my life.

        Is the letter you have received a formal letter of claim, with a form to complete and return ?
        As far as I can tell it is. It has a form to complete as well as an income and expenditure part.

        Send a CCA request to HOIST ( as they are creditors ) - and if you can, post up the example agreement.
        Send a SAR to Barclays Partner Finance ( or whoever the finance is with originally ) to get all the details. Do that now, it is free, just a stamp

        Does this still apply? Would it put a temporary hold on the court process? Should I reply to the letter from Howard Cowen in the meantime?

        Thanks for any help you can give.

        Comment

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