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Notice of proposed allocation received 45 days after original claim and still no CCA?

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  • Notice of proposed allocation received 45 days after original claim and still no CCA?

    Hi Everyone,

    I was a member some time ago but can't remember my details from then. Hopefully this is the correct forum to post this.

    Anyway, I've been helping out a friend trying to sort out their finances for a while now and am very glad to say that all but one issue remain, its with this I need some assistance with.

    This is what as happened so far with this particular creditor......Bank of Scotland

    2010. Friend has money problems due to cut hours, I sort out agreements with all creditors for reduced payments.

    Feb. 2013 Stops payments (£5, due to redundancy) and is passed to Cabot. Asked for CCA, non provided and returned to Bank of Scotland, who then asked for info on the account as they can't find anything.

    2015? Debt sold to Hoist Portfolio Holdings 2 Ltd

    2016 letters from Howard Cohen & co. Solicitors demanding money.

    8th March 2016 receive County Court claim form for £2162, dated 4th March

    9th March sent in Acknowledgement of Service

    13th March asked for a CCA from Cohen's and HPH2 Ltd by recorded 1st class post

    2nd April nothing received from Cohen's defence sent in.

    5th April receipt of defence received from court

    8th April received a letter from Cohen's dated 4/4/2016 which reads.....
    -----o0o-----
    “We acknowledge receipt of your letter dated made under CPR 31.14 for documentation mentioned in our particulars of claim.
    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”
    -----o0o-----
    Nothing heard from anyone. Expecting letter to say that no CCA was available but nothing.

    Then today 9/5/2016 my friend receives a Notice of proposed allocation to the small claims track, dated 6th May.

    That's 45 working days (66 actual days) between the original claim form issue date and today! I know there's a time limit, not sure what it is but its got to be less than this.

    We still have not received any documents related to the CCA request!!! I know the time limit has changed regarding this, but 38 working days and counting???? Really!!!

    Could someone please advise on how to proceed, who to write to or complain to etc. I'm going to take half a day off on Thursday to try to sort this out. Northampton is 30 minutes away from me so could even go to the court centre.

    Thanks in advance.
    Steve
    Tags: None

  • #2
    Re: Notice of proposed allocation received 45 days after original claim and still no

    Originally posted by Steve65 View Post
    Hi Everyone,

    I was a member some time ago but can't remember my details from then. Hopefully this is the correct forum to post this.

    Anyway, I've been helping out a friend trying to sort out their finances for a while now and am very glad to say that all but one issue remain, its with this I need some assistance with.

    This is what as happened so far with this particular creditor......Bank of Scotland

    2010. Friend has money problems due to cut hours, I sort out agreements with all creditors for reduced payments.

    Feb. 2013 Stops payments (£5, due to redundancy) and is passed to Cabot. Asked for CCA, non provided and returned to Bank of Scotland, who then asked for info on the account as they can't find anything.

    2015? Debt sold to Hoist Portfolio Holdings 2 Ltd

    2016 letters from Howard Cohen & co. Solicitors demanding money.

    8th March 2016 receive County Court claim form for £2162, dated 4th March

    9th March sent in Acknowledgement of Service

    13th March asked for a CCA from Cohen's and HPH2 Ltd by recorded 1st class post

    2nd April nothing received from Cohen's defence sent in.

    5th April receipt of defence received from court

    8th April received a letter from Cohen's dated 4/4/2016 which reads.....
    -----o0o-----
    “We acknowledge receipt of your letter dated made under CPR 31.14 for documentation mentioned in our particulars of claim.
    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”
    -----o0o-----
    Nothing heard from anyone. Expecting letter to say that no CCA was available but nothing.

    Then today 9/5/2016 my friend receives a Notice of proposed allocation to the small claims track, dated 6th May.

    That's 45 working days (66 actual days) between the original claim form issue date and today! I know there's a time limit, not sure what it is but its got to be less than this.

    We still have not received any documents related to the CCA request!!! I know the time limit has changed regarding this, but 38 working days and counting???? Really!!!

    Could someone please advise on how to proceed, who to write to or complain to etc. I'm going to take half a day off on Thursday to try to sort this out. Northampton is 30 minutes away from me so could even go to the court centre.

    Thanks in advance.
    Steve
    Hello Steve,

    Is this an RBS current account/ current account with OD, loan or credit card?

    I think a call to the court is needed to check exactly what the status of claim actually is.

    nem

    Comment


    • #3
      Re: Notice of proposed allocation received 45 days after original claim and still no

      I believe its a credit card.
      Will be ringing the court tomorrow.

      Steve

      Comment


      • #4
        Re: Notice of proposed allocation received 45 days after original claim and still no

        [QUOTE=Steve65;647046]I believe its a credit card.
        Will be ringing the court tomorrow.

        Steve[/QUOTE

        HPG and Cohen seem to have a great deal of problems in replying/ complying with CCA requests lack of communication between Client and Solicitors is also a problem it seems.
        Nem

        Comment


        • #5
          Re: Notice of proposed allocation received 45 days after original claim and still no

          I spoke to the court yesterday and they tell me that the claimant contacted them within the 28 day limit after receiving the defence to say they wish to proceed with the claim and the court can not comment any further.

          Presumably Cohen's are hoping a CCA is suddenly going to appear before a court date???

          Should I write to Cohen's again? Its now been 42 working days (60 actual days) since the CCA request.

          Steve

          Comment

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