Howard Cohen v nanny

[nanny]

My daughter received a claim issued 17.11.16 on 19.11.16 for just over £5,000 - Claimant Hoist Portfolio Holding 2 Ltd, solicitor Howard Cohen and Co, original creditor Barclaycard. No payments or acknowledgement of debt for at least 8 years although daughter has moved a couple of times and hasn't got any of the old paperwork. Thank you to Stu from this site who has talked us through the first steps. My daughter has now acknowledged service online and letters have been prepared ready to send off tomorrow (CCA request to claimaint to go with £1 postal order) and CPR request to Howard Cohen. Please could anyone help us as not sure what date to put for the date for filing defence and not sure whether any money needs to be sent with this letter to cover the bit that talks about being responsible for their reasonable copying costs. Could anyone please help with this info. Many Thanks in advance.

[charitynjw]

Re: Howard Cohen v nanny

Replies on your other thread, nanny.

[nanny]

Re: Howard Cohen v nanny

Just a quick update my daughter has received a letter from Robinson Way acknowledging receipt of request under S77/79 of the consumer credit act and saying "please find by return your £1 fee. Your account is now with our clients solicitor Howard, Cohen & Co and they have issued a county court claim against you. We have forwarded your request to them as under CPR.31.14 you are entitled to request documentation mentioned in the particulars of claim. They are currently in the process of retrieving the documents requested. Therefore please accept this letter as agreement to a general extension of time. Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the claim form as you feel appropriate." I presume she just has to now wait for any documentation to arrive but not sure what to do if it doesn't or by what date this needs to be with her. Thanking you again for all your help on this forum as we would be stuck without you.

[nanny]

Re: Howard Cohen v nanny

Help needed please. Howard Cohen have given a general extension of time and not sure what that means - how long before the defence needs to be in and do we need to notify the court about the extension and how do we do this? Help will be greatly appreciated. Thanks

[nanny]

Help needed please

Have received a letter from Robinson Way giving general extension of time for documents to be found and not sure what this means - how long does general mean? Do we need to notify the court and how do we do this and how long do we say? Many Thanksmasroll:

[charitynjw]

Re: Help needed please

Just a quick update my daughter has received a letter from Robinson Way acknowledging receipt of request under S77/79 of the consumer credit act and saying "please find by return your £1 fee. Your account is now with our clients solicitor Howard, Cohen & Co and they have issued a county court claim against you. We have forwarded your request to them as under CPR.31.14 you are entitled to request documentation mentioned in the particulars of claim. They are currently in the process of retrieving the documents requested. Therefore please accept this letter as agreement to a general extension of time. Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the claim form as you feel appropriate." I presume she just has to now wait for any documentation to arrive but not sure what to do if it doesn't or by what date this needs to be with her. Thanking you again for all your help on this forum as we would be stuck without you.

Help needed please. Howard Cohen have given a general extension of time and not sure what that means - how long before the defence needs to be in and do we need to notify the court about the extension and how do we do this? Help will be greatly appreciated. Thanks

Have received a letter from Robinson Way giving general extension of time for documents to be found and not sure what this means - how long does general mean? Do we need to notify the court and how do we do this and how long do we say? Many Thanksmasroll:

Hi nanny

A general extension is normally regarded as the 28 day extension as mentioned in your CPR request.
It is your responsibility to inform the court. (An email to court with an attached copy of their letter would be fine.....Claimant v nanny's daughter, Court Claim no. XXXXXXXX in subject box. Otherwise land mail to court, proof of posting).

Regarding the return of your £1, there is a differing of opinions.
Some say that, if you have proof that you've made the request....their recent letter to you satisfies that......then that is all that is needed, & they have no business refusing or ignoring a lawful request.
Others are of the opinion that non-compliance of CCA request is an important potential defence, & you should endeavour to ensure that they can't claim there was no request or payment made to Hoist. (RW returned it).
I think, if it were me, I would resend a copy of the original request + fee to HC, with a covering letter saying that their client has a legal duty, via the Consumer Credit Act 1974, to comply with the request, & the timescale for compliance is governed by the original request dated (dd/mm/yyyy). I would also say that I have informed the court of the 28 day extension, & to inform in writing by return if this was not their intention.
The choice is yours.

[nanny]

Re: Howard Cohen v nanny

Thank you for getting back to us Charity, your help is really appreciated as we are new to all this. We will email the court and probably send it as well to be on the safe side. On our original letter to Howard Cohen, we did say 'for your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 21st November 2017' and enclosed a copy of the letter. Would you still suggest we resend the request to HC as per your post. If so, we will be guided by you and do that. Thank you again for all your help. Sorry that we're posting in different forums as wasn't sure if we were posting in the right one and once we'd done that we couldn't figure out how to delete the duplicated posts - we're more than happy to tidy it up if someone can tell us how or if not able to could you please let us know which one we should be posting on. Thanks again

[charitynjw]

Re: Howard Cohen v nanny

Thank you for getting back to us Charity, your help is really appreciated as we are new to all this. We will email the court and probably send it as well to be on the safe side. On our original letter to Howard Cohen, we did say 'for your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 21st November 2017' and enclosed a copy of the letter. Would you still suggest we resend the request to HC as per your post. If so, we will be guided by you and do that.
To be honest, if it were me, I would. (**waits to be shot down in flames, lol!**).
My reasons being that the potential protection afforded by a CCA request is too important to muck about with.
Also, it puts the Claimant under pressure to produce compliant documentation, either they do produce documents, which can be checked,`or they don't, which means they cannot enforce the debt through court.
Thank you again for all your help. Sorry that we're posting in different forums as wasn't sure if we were posting in the right one and once we'd done that we couldn't figure out how to delete the duplicated posts - we're more than happy to tidy it up if someone can tell us how or if not able to could you please let us know which one we should be posting on. Thanks again
No big deal, nanny, we'll sort that out this end.

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[nanny]

Re: Howard Cohen v nanny

Thank you Charity, we will go with what you say and will keep you updated - thanks again

[nanny]

Re: Howard Cohen v nanny

Another update, we followed what you said Charity and received a letter from the court (CCBC) dated 15.12.16 (nothing from Howard Cohen). The letter goes as follows: "Write with reference to your recent correspondence. If you have not yet received further particulars of claim from the claimant, then you do not need to respond until these have been received. Your case will not continue until the claimant confirms to the court that you have been served the additional particulars by filing a certificate of service. In the meantime you may wish to consider contacting the claimant for a copy of the particulars of claim. I hope this assists you with your query but please don't hesitate to contact us should you require further assistance."

Hoping this is good news and do we need to do anything else if we don't hear anything from HC?

Thanks again for all your help, you really don't know how much we appreciate it but a huge thanks again.

[charitynjw]

Re: Howard Cohen v nanny

Hi nanny

Have you resent the s78 CCA request to the Claimants?

[nanny]

Re: Howard Cohen v nanny

We did what you said in your last post and sent a copy of the original request to Howard Cohen along with the covering letter you recommended but haven't heard anything back.

[charitynjw]

Re: Howard Cohen v nanny

We did what you said in your last post and sent a copy of the original request to Howard Cohen along with the covering letter you recommended but haven't heard anything back.

& included the £1 fee with the copy?

[nanny]

Re: Howard Cohen v nanny

The letter mentioned in the above post was sent to Howard Cohen by recorded delivery and the main part of the letter said

"Please find enclosed a copy of the letter that I sent to your client Hoist Portfolio Holding 2 Ltd on 21st November 2016 along with a postal order for the statutory fee of £1, which is only to be used for this purpose. I also enclose a copy of the response received from Robinson Way.

Your client has a legal duty, via the Consumer Credit Act 1974, to comply with the request, & the timescale for compliance is governed by the original request dated 21st November 2016.

I have informed the court of the 28 day extension, and ask that you please inform me in writing by return if this was not their intention. I look forward to hearing from you. Yours faithfully...."

[charitynjw]

Re: Howard Cohen v nanny

Ok, nanny.

I believe from previous posts that the court claim was issued on 17/11/2016.
The usual deadline for your defence (normally 33 days from issue date) should now be extended by a further 28 days.
I make that Tues 17th January, but if I were you I'd phone the court to confirm this.
Have a look at the defence example at the top of this thread, but don't actually submit anything to court until much closer to the deadline, in case Hoist or HC send responses in the meantime.