Howard Cohen solicitor/Hoist portfolio court proceedings

[Amethyst]

Without the agreement they don't have it in the bag, it's entirely up to you if you want to negotiate a settlement with them directly to pay by monthly installments and keep it from becoming a CCJ, but I think I would firstly respond to their letter, marking it without prejudice, thanking them for the NoA and statements, pointing out that you haven't yet received the agreement and terms despite your CCA request being sent to their client on xxxxxx. ( Then, IF you want to settle now you know what it is, say something like , however, in the interests of bringing this to a close without further time and expense, willing to make an offer of £xxxx in full and final settlement of the claim xxxx to be paid by x(installments or date )xx )

YOu'd likely have to amend your defence in any event, and as it was only a 2011 account it is likely they will find the agreement before court - so use the outstanding request as a bargaining chip, in essence.

[Diamonddogs]

Ah that makes sense. Thank you for all that. So in the likely event they do provide the CCA , am I to understand they should do this prior to court so I can as you suggest act upon it at this stage ? Meaning i send request again CCA, await a response and take it from there ? Do I need to send a £1 ?

I didn't realise I could change my defence although it stands to reason now new information has come to light.

[Diamonddogs]

Adding to my post, I assume just because they don't comply and send the CCA, doesn't mean they don't have it ? A chance you take ?

[Diamonddogs]

Hi Amethyst

I took your advice and sent a CCA request recorded delivery to Hoist, together with postal order on 19th September. I received an acknowledgement from Robinson way 22nd September advising me they have requested the CCA from their client (Hoist). Apparently, meanwhile my account is placed on hold and will be placed on further hold once they receive and forward the documents to allow me time to contact them. They returned the postal Order. Do I need to apply to court for a ''Stay'...bit confused if this is relevant to me ...or am I a sitting duck for the foreseeable.
Any advice is greatly appreciated.

[MIKE770]

No they cannot put a hold on any case only a court could, ignore their case on hold, they are the pits, no do not inform the court anything they know the proceedure, if they cannot produce now they will have to at a later part of proceedings, so just follow court instructions, Amethyst

[Diamonddogs]

Thank you Mike770. That makes sense as the court sent me a letter stating which court it would go to and await further instruction after mediation didnt go ahead. It's taken me a while to figure who's who, as I get correspondence from Hoist, Robinson way and the solicitor, Howard Cohen who also sent me a letter to say they don't hold the the document requested but they will obtain from Hoist. It's my understanding this could go on for a year from courts point of view ...how will court know what the hold up is , will the solicitor inform them.

[MIKE770]

jaguar1954

[Diamonddogs]

Hi, please could you advise me a bit further on the next stage I'm at. Today I've received from Cohen Cramer every document they have previously sent, together with CCA and notice of assignment etc. Everything that I can now see what the debt is in relation too. Their letter invites me to withdraw and negotiate otherwise a CCJ will be applied for.

I recall the debt as one of 5 that was offered a redemption figure following the sale of my marital home (divorce ) and they declined at that time, they never contacted again. I'm now in no financial position to pay installments. I also have a few other debt issues outstanding which I sought advice from stepchange and I currently pay £1 per month.

I'm wondering how to approach this. I have no assets to offer, I'm no longer a home owner and currently dependent on my partner, father of my 2yr old, who supports us until I can resume work as a support worker. (I stopped this to care for my child as I worked 14hr shifts abs sleep ons)

I'm considering writing to clarify the situation and explain what stepchange have advised I pay the creditors I currently pay. I'm not sure if the best action here and would be grateful for any advice

[Diamonddogs]

Can anybody offer any advice on the above please. Thank you.

[Diamonddogs]

Hi, I apologise as I did have an older thread on the below matter but I'm a bit confused if I can still post on it and get a reply. I thought it easier to explain all of my situation as brief as I can and would be grateful if anyone could advise me further. I've had some advice on here already and taken to date, so thank you.

I have been contacted with reference to an outstanding debt by Howard Cohen solicitors, their clients Hoist portfolio. I had no information on this debt so was unsure what it was relating to. I had an inclining it was reference to a debt from 2011, Halifax credit card. I paid my creditors settlement figures following divorce /house sale and this particular creditor declined. They wouldn't accept anything but the whole amount and advised they'd contact me. I heard nothing until now. I followed advice and admitted no liability to the debt. Requesting further documentation. This got ignored and I then received court papers (approx back in June 2018). I defended this online on the basis I had no knowledge, information and hadn't received a letter before action etc. I received another letter from Howard Cohen enclosing the notice of assignment. I then sent recorded delivery, a CCA request (on advice) I have now received all the relevant documentation from Howard Cohen, giving me 14 days to respond before a CCJ is applied for. The debt is now just over 6 years old (October) but wouldn't have been when they made the initial court application. I'm wondering if they could still apply for a CCJ if they had made this application prior to the 6 years being up. I'm Unsure how to deal with this now. I have not to yet returned to work (due to the 14 hour shift pattern I worked ) as I care for my 3year old child. Her father supports us financially as a private agreement but I have no income of my own at present. I have other debts I cannot pay and currently pay just £1per month. We incurred a joint debt which he agrees to pay but will not pay this from 2011. I now live in social housing and have no assets. I'm considering writing to Howard Cohen but unsure how to approach this as I can't offer any reasonable amount. I'm concerned how/if to acknowledge the debt as they could then apply for a CCJ if they can't already? I'm equally concerned to challenge it as they could apply for a CCJ which I can't afford. I can't find any information that' the 6 years' relates to an application for a CCJ or any court application process. I'm trying to approach this in a way that is going to cause me least impact on an already difficult financial situation. I appreciate any advice you could give on this. Kind regards.

[Amethyst]

Previous thread is https://legalbeagles.info/forums/for...ceedings/page2

can you post what youve received pls.

I'll merge the threads shortly.

[Diamonddogs]

Thank you. Last acknowledgement was October 2011. Except my correspondence regarding the latest contact but I have not acknowledged the debt yet.

I've received Notice of assignment. Statements. Original signed CCA and all correspondence sent by Howard Cohen.

This is the only contact I've had regarding this debt since October 2011. They filed an application for court in June 2018.

Thank you for your help

[Amethyst]

Did your defence state the debt was statute barred at all?

[Amethyst]

This thread ...

[Amethyst]

If you are happy the documents are all correct and last acknowledgment/ default was after June 2012 then you can negotiate with them out of court if you really don't want a CCJ. Is the case currently on hold/stayed at the court or just waiting directions and a hearing date ? ( parties have already returned directions questionnaires haven't they )

Youll have an up to date income and expenditure sheet via Stepchange so you could, if you're happy the debt is valid, send them that with your without prejudice offer.

How come this wasn't included in the stepchange calculations btw ?

[Diamonddogs]

Thank you. The court are just awaiting direction I believe. Both parties have filed a direction questionnaire. I have no up to date expenditure sheet from StepChange, only the one I originally filled out. They sort of left me to it after giving me advice of what to do. They said they don't always take over the control of contacting creditors, they let me do that.

This one wasn't included as I had totally overlooked it and when I received the letters about it I couldn't place it. Back in 2011 a had someone negotiate the settlements on my behalf.

[Diamonddogs]

The last default /acknowledgment was octo 2011.

[Amethyst]

That was Oct 2011 and you've had no communication about it until you received this claim in June 2018? Was is June 2018 the claim was issued - the thread seems to start after directions questionnaires in August.