Help needed with court papers from Howard Cohen

[suesueb]

Hi All,

I have recently received court papers issued by Howard Cohen in respect of an old credit card debt with Barclaycard.

I have spent the last 8 years trying to clear debt etc and am finally getting a decent credit rating.

I made a request for a CCA over 6 years ago which Barclaycard could not supply.

I have not made any payments towards this debt for more than 6 years but I'm not sure if a request for CCA constitutes an acknowledgment.

The debt also became statute barred in January 2016. I have received letters from Robinson Way and Howard Cohen threatening court so I again made a CCA request in January just before it fell off my file. Again, they wrote back saying they could not supply this and they were aware that until they could, the debt was unenforceable in a court of law.

Fast forward to ten days ago and I receive court papers. The original debt was £3707 but they are claiming nearly £6,000 with interest and their costs applied.

I acknowledged the form online stating I would defend this. So have about ten days to do so.

What do I do now. Do I defend on the grounds of it being statute barred or unenforceable due to lack of CCA. How do I defend, do I fill in more papers, do I include the letter from Barclaycard dated January.

Any help greatly appreciated.

Thanks,
Sue

[ostell]

Re: Help needed with court papers from Howard Cohen

If you have acknowledged then you have about 33 days from the issue date give your defence.

You write out your defence and send it to the court before 28 days after service. You will be using both items of no CCA AND statute barred.

[suesueb]

Re: Help needed with court papers from Howard Cohen

Many thanks for the speedy reply Ostell.

Do I write my defence on the papers issued or in a separate written letter. Is there specific wording I use. Do I send it to the court only. I have the letter from Barclaycard stating they are unable to fulfil my request - do I include a copy of that in my defence. I acknowledged the claim online. Do I submit my defence online or by post?

Apologies for so many questions, just never done this before.

[ostell]

Re: Help needed with court papers from Howard Cohen

No do not write it in the space on the form issued, you will be sending to the court as a separate letter/email just before the 28 days are up.

There is specific format and wording to be used (to make life easy for the judge) and there is an example somewhere on this site. Someone will know where to locate it. Put your defence on here first for critique.

[charitynjw]

Re: Help needed with court papers from Howard Cohen

No do not write it in the space on the form issued, you will be sending to the court as a separate letter/email just before the 28 days are up.

There is specific format and wording to be used (to make life easy for the judge) and there is an example somewhere on this site. Someone will know where to locate it. Put your defence on here first for critique.

http://legalbeagles.info/forums/show...t-Court-Claims

[suesueb]

Re: Help needed with court papers from Howard Cohen

I was hoping to submit my defence online as I don't have access to a printer. Is there any reason not to?

My defence is short and sweet:

1. The Claimant's claim was issued on 15th July 2016.
2. The Defendant contends that as this is a claim in contract and an excess of 7 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.
3. The Claimant's claim to be entitled to payment of £3,707.73 or any other sum, or relief of any kind is denied.
4. In January 2016, a formal request was sent for a copy of the original agreement pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
5. The Claimant has failed to comply with S78(1) Consumer Credit Act 1974 and, by virtue of S78(6) Consumer Credit Act 1974, cannot enforce the agreement.

Do I need to change anything?

Thanks for the replies so far.

[charitynjw]

Re: Help needed with court papers from Howard Cohen

I was hoping to submit my defence online as I don't have access to a printer. Is there any reason not to?

My defence is short and sweet:

1. The Claimant's claim was issued on 15th July 2016.
2. The Defendant contends that as this is a claim in contract and an excess of 7 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.
3. The Claimant's claim to be entitled to payment of £3,707.73 or any other sum, or relief of any kind is denied.
4. In January 2016, a formal request was sent for a copy of the original agreement pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
5. The Claimant has failed to comply with S78(1) Consumer Credit Act 1974 and, by virtue of S78(6) Consumer Credit Act 1974, cannot enforce the agreement.

Do I need to change anything?
You should deny all claims made by the claimant unless specifically admitted by you.

Thanks for the replies so far.

The template defence when tweaked/personalised is pretty good at covering all bases.

[ostell]

Re: Help needed with court papers from Howard Cohen

Don't forget the statement of truth.

[suesueb]

Re: Help needed with court papers from Howard Cohen

Hi all,

In reference to the above, I have now received a letter stat that this matter is being referred to a small claims court. I have forms to fill in along with the right to mediation.

I need to know how to take this forward. The letter states that this is 'defended'.

I am defending this claim based on it being both statute barred and their failure to comply with a CCA request.

So I need to know - do I agree to mediation or fill in box C1 stating that I do not agree with it being tracked to a small claims court.

Help needed.

Many thanks in advance.

[MIKE770]

Re: Help needed with court papers from Howard Cohen

case is statute barred as regards statute of limitations also failure of supply CCA1974, agree to Mediation and point the failures they will state Mediation cannot take place due to the fact stated and the case passed back to the court for courts next instruction

[suesueb]

Re: Help needed with court papers from Howard Cohen

Thanks Mike, so if I agree to mediation, do I complete section C1 stating that I don't agree it should go to small claims?

[MIKE770]

Re: Help needed with court papers from Howard Cohen

Anything under £10.000 cases go to small claims court anyway

[MIKE770]

Re: Help needed with court papers from Howard Cohen

First Steps look thru here gives you an idea of proceedings as well

[suesueb]

Re: Help needed with court papers from Howard Cohen

Thanks Mike, I have read through that. So presumably I agree to mediation. Agree to it going to small claims and then answer questions during my mediation phone call at which stage it will be referred back to the Court?

Many thanks for the speedy responses.

[suesueb]

Re: Help needed with court papers from Howard Cohen

Thanks Mike, I have read through that. So presumably I agree to mediation. Agree to it going to small claims and then answer questions during my mediation phone call at which stage it will be referred back to the Court?

Many thanks for the speedy responses.