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Howard Cohen Claim

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  • Howard Cohen Claim

    Hello,

    Received a claim, particulars below. Any further advice following on from what already completed would be really appreciated.

    Received a claim?: Yes
    Issue Date: 12/02/2020
    Have you Acknowledged the Claim?: Yes
    Total Amount Claimed: £4500
    Claimantís Name: Hoist Finance UK
    Solicitors Firm: Howard Cohen & Co
    Original Creditor: Barclaycard
    Original Debt: Credit Card
    Particulars of Claim: This claim is for the sum of £4500 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no XXXX. The Defendant has failed to remedy the breach in accordance with Default Notice issued pursuant to ss.87(1) and 88 of there Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Barclays Bank plc (EX BARCLAYCARD). Written notice of the assignment has been given. The Claimant claims 1. The sum of £4500, 2. Costs
    Is the debt Statute Barred: No
    List any letters you have sent: CCA request sent to Hoist, CPR sent to Howard Cohen. Both sent 14/02/2020.
    Tags: None

  • #2
    Hello, it's be great if anyone could give any more advice on the above.

    A little update; no response was received in relation to my CCA and CPR, so a defence was filed to the effect.

    I said yes to mediation through the DQ, having still received no documents. A date for mediation was confirmed 2 weeks ago.

    It's now not long until the mediation appointment, and I've just been sent a response to my CCA/CPR requests from Howard Cohen.

    All of the documents look to be in order to me - credit agreement* (including my name and address), statement history, default notice and notice of allocation. Happy to post these, if needed, for further guidance.

    *The Credit Agreement that I've been provided is labelled as a 'Reconstructed Credit Agreement' and doesn't have my signature. It would be good to get any advice on if this is standard practise or something I can use in defence.

    Essentially, I'm looking for advice on what the best course of action during the mediation is?

    Since all of the documents seem to be in order, what % am I likely to negotiate if I agree a payment plan and Tomlin order?

    Or if I continue to trial, what's the likelihood this will be dropped given the value, and the fact that all documents seem to be in order?

    Really appreciate any responses in advance
    Last edited by ElysianFlds; 21st July 2020, 12:35:PM.

    Comment


    • #3
      I've looked through lots of past posts but can't seem to find any where mediation has been reached and all documents have been provided.

      It'd be great if anyone could shed some light on what is realistic to negotiate during mediation; specifically on the % of the original amount and what monthly payments would be acceptable.

      Thanks

      Comment

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      SHORTCUTS

      Pre-Action Letters
      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
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      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

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      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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