old cc debt come back to life!

[jayl6191]

Re: old cc debt come back to life!

Thanks
yes sent special delivery so got barcode and online confirmation.

could this because they got no documents to actually produce ??
as i have actually cca requested them on at least one other accasion around 2 years ago and had no reply

[warwick65]

Re: old cc debt come back to life!

You need to reply pointing out you sent a cc request with the fee which has been wrongly credited to an account. Copy in the original cca and their reply

[charitynjw]

Re: old cc debt come back to life!

Thanks
yes sent special delivery so got barcode and online confirmation.
Ok. Keep that info safe.

could this because they got no documents to actually produce ??
as i have actually cca requested them on at least one other accasion around 2 years ago and had no reply
That could well be the case.
For obvious reasons, the older the original agreement, the more chance that records have been lost/misplaced or are incomplete.
& this is a 20 year old agreement, so fingers crossed.
Also it is regulated via the original CCA 1974, & s127.3 may well apply here.

Was anything written on the postal order which directly linked it to the disputed account?

[warwick65]

Re: old cc debt come back to life!

Was anything written on the postal order which directly linked it to the disputed account?

Evening Charity

Or maybe in the cca request summary h as the postal order reference number.

[jayl6191]

Re: old cc debt come back to life!

sure i wrote on it "howard cohen &co" no account number just that

Thanks for help appreciated...

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I wrote "howard cohen &co" on postal order, nothing on cca it self

Evening Charity

Or maybe in the cca request summary h as the postal order reference number.

- - - Updated - - -

So whats best next step ?
Just write a letter to cohen again telling them payment was for cca request and not payment on alleged account

Thanks

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Any templates for anything like this not to good and wording letters

[warwick65]

Re: old cc debt come back to life!

It is unfortunate the cca request should have been sent to hoist. However did you receive a reply from HC acknowledged acknowledging you request?

If you did I would include a copy of that in your response.
I will try to read your thread when I have a bigger screen

[jayl6191]

Re: old cc debt come back to life!

No not had confirmation letter from them acknowledging cca request! but they have signed for it.
letter was sent HC because it said on letter all correspodance to them, i should have sent to both really then ?

Thanks for help everyone so far greatlly appreciated

It is unfortunate the cca request should have been sent to hoist. However did you receive a reply from HC acknowledged acknowledging you request?

If you did I would include a copy of that in your response.
I will try to read your thread when I have a bigger screen

[warwick65]

Re: old cc debt come back to life!

Hi

yes theoretically CCA requests are always sent to the creditor not their representative

Let me have a read back and I will come back - hang on

[jayl6191]

Re: old cc debt come back to life!

Thanks warwick

i can special delivery both requests off monday in work to the jersey address no problem, and a letter to both about the £1 payment been used

Hi

yes theoretically CCA requests are always sent to the creditor not their representative

Let me have a read back and I will come back - hang on

[warwick65]

Re: old cc debt come back to life!

Hi
Looks like this is all a bit of a mess
In post #9 I said sent a CCA request to Hoist

In post#19 Di said follow my advice and also suggested sending a Cpr 31.14 request to Hoist - did you do that?

Di also suggested an amended defence might be needed

This claim is really quite a lot of money so if you can possibly afford it I would have a chat with a solicitor to see if they can help you get things back on track

As it stands
I think you should write something along the lines of to HC and copy in RW

Further to the letter I sent on xxxxxx received by yourselves on xxxxxx , this was a request under S78 Consumer Credit Act for the inspection of documents. There seems to have been some error as I received on xxxxxx a letter from Robinson Way stating the fee had been credited to my account, this was incorrect. For the avoidance of doubt my request was made under S78 CCA 1974.
I have today also made a fresh request to Robinson Way under S78 ( copy enclosed)

Then also send a fresh S78 request to Robinson Way

I really would recommend contacting a solicitor to discuss your options as i think an amended defence is needed and I do not know how to go about that
[MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=6]Amethyst[/MENTION]

[jayl6191]

Re: old cc debt come back to life!

Hi,
yes sorry i just thought with my letters stating all letters and documents to be sent to howard cohen i sent it there, and also sent Cpr 31.14 to howard cohen ..

havent got a penny saved to pay for solicitor we just live on are wages at the moment and are just about in the green.

Ill send them letters off monday, should i send them to hoist in jersey aswell ? so everyone involved gets a copy

Jay

[warwick65]

Re: old cc debt come back to life!

Hi
Not a bad idea to send a copy to Hoist but put a cover note saying this is a copy of a CCA request sent to Robinson Way on xxx with the appropriate fee

You might find a solicitor who will take a payment plan although maybe not as well.

Most initial consultations are free I believe - maybe one I tagged may provide free initial consultations - you can only ask and they can only say no

[jayl6191]

Re: old cc debt come back to life!

Hi
Not a bad idea to send a copy to Hoist but put a cover note saying this is a copy of a CCA request sent to Robinson Way on xxx with the appropriate fee

You might find a solicitor who will take a payment plan although maybe not as well.

Most initial consultations are free I believe - maybe one I tagged may provide free initial consultations - you can only ask and they can only say no

Thanks for your help Warwick appreciated ����

[Diana M]

Re: old cc debt come back to life!

I would say NO to fast track because of cost implications.
@Diana M

Or alternatively if a Defendant chooses to have solicitors represent them throughout their legal proceedings (which will undoubtedly enhance their chances of success) then if/when they win in the Fast Track their legal costs should be paid by the Claimant.

If they have been given a CFA (No Win No Fee) by their own solicitors then even if they loose their case they would not have to pay their own solicitors costs.

If the claim is allocated to the Small Claims Track then if the Defendant is on a Fixed Fee arrangement with their solicitors they will not have to pay anything more to their own solicitors other than the sum agreed with their solicitors whether they win or lose.

I think the OP is right to agree to the Small Claims Track since their claim is under £10k (just) but I felt the need to dispel the myth that formal legal help is unaffordable and/or an unattractive proposition especially when £9k is at stake and the potential for a Charging Order on any property which they may own.

Di

[Diana M]

Re: old cc debt come back to life!

Have you filed your DQ at court since the deadline is tomorrow?

I can't see any reference to you doing that on the thread but maybe you have done it or I missed that in a post. Just checking

Since you've received a DQ you will have filed a Defence. If you hadn't sent a s77-79 CCA Request to the Claimant (Hoist) or a CPR 31.14 Request to the solicitors on record (Howard Cohen) at that point then what was the basis of your Defence i.e. what legal arguments did you plead?

Di