court claim/Holts

[chris27]

Hello
i don't know where to start, i thought i could not get or feel any lower than i do but today i received a court claim from Hoist finance and Howard Cohen for over 7000 with fees and i have no idea what to do, it made me physically sick as i have no money and no savings as i have not been able to work since the first lock down due to illness, i really dont see a way forward anymore

[echat11]

Hi CHRIS27

First thing, try not to worry, things always seem a lot worse then they actually are, the guys here can help.

Remember a court will only ask you to pay what you can afford to pay, so if that £1 a month, then so be it.

a) What you need to do is Acknowledge the debt online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send Howard Cohen a CCA request they have 14 days to provide you with a copy of your original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Howard Cohen a CPR 31.14 Request, they have 14 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

d) Send Hoist Finance a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days from today, note it in your diary.

[chris27]

Hi
Thank you for your reply, but things are pretty bad right now, i don't know if i have the strength to sort this out.
I did request the cca and they sent it i think and i also the credit agreement from Barclays but i have not got any documents about the debt being sold to hoist finance, i did ring barclays a couple of months ago because they sent me a letter about fees and credited this account with a leg adjustment for £155.33 on the 29/05/21 this date is after they had sold the debt to hoist so don't know how that works. I tried to argue with Barclays that more should be refunded as i was in serious trouble in 2017 when i defaulted and they just kept adding charges, dd return £12 late payment £12 in Feb 2018 they said i had to pay £1019.13 and my card was withdrawn by then but i had no income and still they kept adding charges, no one was listening to me, i got the same response when i phone about the leg adjustment payment, they said they had sold the debt so that was that basically nothing could be done.
Why do these people always nock you when you are down already, i have no money am behind with gas and electric and overdrawn by thousands, when i am able to work again i will sort out what i can but have no time left

[echat11]

You can do this, small steps, start by doing the following, I believe Barclays are breaking FCA guidelines on various matters.

a) What you need to do is Acknowledge the debt online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days.

https://legalbeagles.info/library/gu...ledge-a-claim/

c) Send Howard Cohen a CPR 31.14 Request, they have 14 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/


Tomorrow deal with the energy companies are straightforward, plenty of help available.

[chris27]

Hi, i did the AOS online but did not get a date when to respond by?
Thank you for your help.

[echat11]

Hi, i did the AOS online but did not get a date when to respond by?
Thank you for your help.

So that would be 28 days from the date on the claim form.

Next step -

c) Send Howard Cohen a CPR 31.14 Request, they have 14 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Small steps, you'll get there, (b) and (d) still to do.

[ostell]

Time to file defence: 33 days from the issue date or 28 days from acknowledgement, whichever is the lesser

[chris27]

So that would be 28 days from the date on the claim form.

Next step -

c) Send Howard Cohen a CPR 31.14 Request, they have 14 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Small steps, you'll get there, (b) and (d) still to do.

Hi, i did step C yesterday. Thanks

[echat11]

Hi, i did step C yesterday. Thanks

Excellent, b) and d) when you're ready, next couple of days.


b) Send Howard Cohen a CCA request they have 14 days to provide you with a copy of your original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/


d) Send Hoist Finance a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[chris27]

Hi
Received a letter today back from Howard Cohen, acknowledge receipt of my letter made under CPR 31.14, it says we are currently in the process of retrieving the documents requested. Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate. Is this a normal letter responce from them. Thanks for your help.

[echat11]

Hi
Received a letter today back from Howard Cohen, acknowledge receipt of my letter made under CPR 31.14, it says we are currently in the process of retrieving the documents requested. Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate. Is this a normal letter responce from them. Thanks for your help.

Yes standard response, nothing that stands out.

Have you done 'B' and 'D'?

Also do you want to seek help regarding your energy bills? Always better to act sooner then later, if you are struggling.

[chris27]

Hi, sorry for delay in replying, i am really struggling with all at moment and find it hard to do, i have done the above, i have received a letter today. Notice of proposed allocation to the small claims track. what does this mean as i have to respond by the 16th December by completing form N180 small claims directions questionnaire. how do i go about it and they have also sent ex730 i need help please as dont understand any of this. thank you

[echat11]

Hi, sorry for delay in replying, i am really struggling with all at moment and find it hard to do, i have done the above, i have received a letter today. Notice of proposed allocation to the small claims track. what does this mean as i have to respond by the 16th December by completing form N180 small claims directions questionnaire. how do i go about it and they have also sent ex730 i need help please as dont understand any of this. thank you

Try to stay calm. The Court needs to know some things, the N180 isn't a difficult form to fill in.

EX730 explains 'mediation', so allows the matter to be resolved between the parties without going to Court.

Below's explains how to fill in a N180. Answer a few questions, make some tea, take a short walk, fill some more questions, make some more tea, listen to some music, fill some more question, you've done it.

https://legalbeagles.info/forums/for...ims-track-form

If you get stuck ask.

[DE DOGS]

You can get through this, after all, it's money, not your life, stress is what these people rely on, take the advice offered, just keep your feet on the ground, don't waver. Take care

[chris27]

Hi, i have completed the N180 and sent copies of to the court and the Howard Cowen, what do i need to do now, still nothing back from the cpr 31.14 apart from the letter stating they had received it.
Thanks for all you help and support