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Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

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  • Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

    I had a county court claim issued against me by Howard Cohen on the 28th November in respect of an old pre 2007 barclaycard debt ..I lodged my defence on time based on the fact it was pre 2007 and documentation is likely not available but didn't send a CPR and CCA request to HC straight away something I have now done .. yesterday I received a copy of Howard Cohens directions questionaire where they are requesting that the claim be heard in the small claims track even though it is for £ 14995 ..is this likely to be of benefit to me and can I object if I want to this ? I need to reply with my own DQ by Feb 3rd
    Thanks in anticipation
    Tags: None

  • #2
    Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

    Originally posted by Pedders View Post
    I had a county court claim issued against me by Howard Cohen on the 28th November in respect of an old pre 2007 barclaycard debt ..I lodged my defence on time based on the fact it was pre 2007 and documentation is likely not available but didn't send a CPR and CCA request to HC straight away something I have now done .. yesterday I received a copy of Howard Cohens directions questionaire where they are requesting that the claim be heard in the small claims track even though it is for £ 14995 ..is this likely to be of benefit to me and can I object if I want to this ? I need to reply with my own DQ by Feb 3rd
    Thanks in anticipation
    Good morning, welcome to LB,

    They want to avoid the cost of a Fast Track allocation which can be very high.

    nem

    Comment


    • #3
      Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

      Originally posted by Pedders View Post
      I had a county court claim issued against me by Howard Cohen on the 28th November in respect of an old pre 2007 barclaycard debt ..I lodged my defence on time based on the fact it was pre 2007 and documentation is likely not available but didn't send a CPR and CCA request to HC straight away something I have now done .. yesterday I received a copy of Howard Cohens directions questionaire where they are requesting that the claim be heard in the small claims track even though it is for £ 14995 ..is this likely to be of benefit to me and can I object if I want to this ? I need to reply with my own DQ by Feb 3rd
      Thanks in anticipation
      This should be allocated to the Fast Track since its £15k. Either party can ask the court to keep it in the Small Claims Court if they can persuade the court that it's a simple case.

      If this claim is being handled by Howard Cohen solicitors then I'm guessing the Claimant is Hoist. In which case it won't be a simple claim

      HC will want it to be in the Small Claims Track so they/ their client won't be at risk of paying your legal costs if they lose.

      Can you do two things please.

      Firstly post up the Particulars of Claim with any personal details removed so it's clear what they are claiming and why they think they have the right to claim it.

      Secondly, can you say the basis of your Defence if you were not in a position to argue non compliance with s.78 CCA issues at the time or did you send your CCA Request before you filed your Defence?

      Finally how old is this Barclaycard account and when did you last pay anything towards it?

      I ought to ask whether you had any PPI on the account too?

      Di

      Comment


      • #4
        Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

        Another quick question

        If you recognise the debt could it have been an Egg card before Barclaycard? I have a reason for asking.

        Send a Subject Access Request to Barclays asap so you've got the full history of this account. Don't forget the £10 fee. You can make the SAR request online to speed things up.

        Di

        Comment


        • #5
          Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

          What did you ask for in your CPR 31.14 Request and did you include the Default Notice?

          Fast Track has mandatory disclosure of all documents in both your files and in the Claimant's possession.

          Just thought I'd mention that

          Di

          Comment


          • #6
            Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

            I have uploaded both the claim form and the defence I filed ....looking at it again it doesn't look like I did a very good job but I was under a lot of stress at the time
            Attached Files
            Last edited by Pedders; 11th January 2017, 13:19:PM.

            Comment


            • #7
              Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

              this is the cpr I sent yesterday ....... I know I've left it too long but I've been having gruelling hospital treatment and didn't prioritise this unfortunately
              I'm not sure of the exact age of the barclaycard account but its probably 1995 or so ...definitely well before 2007
              and I last paid anything around in March 2015
              I stopped paying and sent a CCA request to Bcard on the 26th of April 2015 but didn't hear anything back
              Attached Files
              Last edited by Pedders; 11th January 2017, 13:15:PM.

              Comment


              • #8
                Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

                Originally posted by Pedders View Post
                this is the cpr I sent
                You've left your personal details (real name) on the bottom of that CPR letter.

                It would be wise to remove, redact and return

                Di

                Comment


                • #9
                  Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

                  whoops done now thanks

                  Comment


                  • #10
                    Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

                    Originally posted by Pedders View Post
                    I have uploaded both the claim form and the defence I filed
                    You've left the claim reference number in Paragraph 1 of your Defence.

                    You need to blank that out for your own privacy

                    Di

                    Comment


                    • #11
                      Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

                      just done many thanks !

                      Comment


                      • #12
                        Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

                        Originally posted by Pedders View Post
                        I have uploaded both the claim form and the defence I filed ....looking at it again it doesn't look like I did a very good job but I was under a lot of stress at the time
                        You've covered most basis (but not all) in your Defence - you may need to file an Amended Defence

                        I can see from Paragraph 9 that you sent a CCA Request in April 2015 and in Paragraph 11 you pleaded that Barclays did not comply. Does this mean they sent you nothing or does it mean what they sent you was rubbish?

                        (What happened to Paragraph 10?)

                        Di

                        Comment


                        • #13
                          Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

                          I did send the CCA request back in 2015 and they sent back a load of rubbish ...unfortunately I dont think I can find it as I've moved offices since then
                          I cut out para 10 as it wasn't relevant ...forgot to renumber !

                          Comment


                          • #14
                            Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

                            Originally posted by Pedders View Post
                            this is the cpr I sent yesterday ....... I know I've left it too long but
                            Better late than never

                            I see you've asked for the Default Notice. Since it is mentioned in the POC they won't be able to duck out of that one.

                            The Claimant hasn't put any date for the assignment from Barclays to Hoist in the POC so you may need to pursue that legal avenue via a Part 18 Request.

                            They also don't say when the agreement was entered into - probably because they don't know (at this stage).

                            You have until February 3rd (deadline) to complete and return your DQ so you have time to figure out the best way to handle this situation.

                            When you said your Defence "doesn't look like a very good job" I was expecting the worst. I've seen some which simply say "I don't owe them the money".

                            However you appear to have raised enough legal arguments which should stave off a Summary Judgment Application from Howard Cohen for now. (That's when they ask the court to strike out your Defence as having no legal merit so it'd be a waste of the court's time and money to let things trundle onwards.)

                            Di

                            Comment


                            • #15
                              Re: Howard Cohen pursuing pre 2007 BarclayCard Debt small claims or fast track

                              Thanks Diana ..relieved to hear that its not a basket case
                              should I pursue the part 18 request now or wait till I hear back ?

                              Comment

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