MONKEYMOO COURT CLAIM THREAD

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

I was about 4 months away from statue barred? Just want to say thank you guys. Really couldn't handle this without you

[Diana M]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

I was about 4 months away from statue barred?

In which case you definitely don't want to draw attention to yourself.

Did you send your CCA Request to Howard Cohen with the postal order made out to them or to Robinson Way?

Di

[Diana M]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

even though the £1 postal order says not to allocate it to the debt but to use for the request?

You made your position clear and it's been ignored. That's their problem not yours.

Di

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

I sent it to cohen, recorded delivery, and the postal order was made to cash. So anyone could claim it. But in my letter in bold it said please note this payment is for the request not for allocation to the alledged debt

[nemesis45]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

I sent it to cohen, recorded delivery, and the postal order was made to cash. So anyone could claim it. But in my letter in bold it said please note this payment is for the request not for allocation to the alledged debt

That's good keep that letter safe!!
nem

[Diana M]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

@nemesis45

Dear Sirs,

Your ref:#######

Thank you for your letter dated 08/12/2016 to which Ireceived 16/12/2016. As theletter contains a threat of litigation,it is being treated as a formal letterbefore action. As such, I refer you to paragraph 1 of the Practice DirectionPre-Action Conduct, which states the purpose of such a letter is to"enable the parties to settle the issues between them" and toencourage the parties to "exchange information".

Paragraph 2.2 (1) of Annex A states you have an obligation to "list theessential documents on which the Claimant intends to rely". I could notidentify such a list in your letter, please list the documents so I can seeyour case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to "request further information toenable me to provide a full response". My request is a request fordocuments as the information I require would come from those documents.Paragraph 5.1 of Annex A states that you should "provide the documentsrequested within as short a period of time as is practicable or explain inwriting why the documents will not be provided".

I require copies of the following:

The Original Credit Agreement;
The Default Notice;
The Termination Notice;
The Notice of Assignment;
Statements of Account;

These documents would be expected to be supplied if proceedings were issued andwould likely be in your possession if you were issuing a claim. If you considerthat there is difficulty in providing a copy of a document, please identifythat document and the reason. Additionally, there is a duty to supply documentsunder the Consumer Credit Act 1974. A request has been made under s.77-79 on20/12/2016 and I am awaiting a response.

Please take note that the enclosed Postal Order Number: ##### is for thestatutory fee of £1.00 required for my request made under the provisions ofsections 77/78 of CCA 1974.

If this fee is not required for the request it must be returned to meforthwith, it must not be allocated to the alleged debt as a payment.

I shall be able to provide you with a full response to your letter within 14days of receipt of the documents listed above and also reserve the right torefer to the contents of this letter if proceedings are issued without firstproviding copy documents to me.

Yours faithfully

^ ^ ^

Incidentally is this the letter you sent as your CCA Request which is buried at the bottom of it?

It refers to Annex A which is no longer applicable.

How much is this debt and who was the original creditor? I can't easily see that information since the thread was started by a different LB member.

Di

[Diana M]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

I sent it to cohen, recorded delivery, and the postal order was made to cash.

Ideally the CCA Request and statutory fee should always go to the creditor with a copy to their agent such as a DCA or solicitor, especially at the pre-litigation stage.

It's the owner of the debt who has the statutory obligation to comply with s. 77-79 CCA.

Your postal order wasn't made payable to Robinson Way so you haven't paid them

Di

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

But they've claimed the £1?

[Diana M]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

How much is this debt and who was the original creditor? I can't easily see that information since the thread was started by a different LB member.

I've looked at your other own thread which refers to a LBA from Howard Cohen which you think relates to a car loan taken out in 2010. Is this the debt you're posting about on this thread?

If so you may need to post more information since although the CCA Request is important, accounts opened after April 2007 don't have all of the protection under the Act which was amended then.

Di

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

Yea that's the one

[MIKE770]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

oh! heck

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

Oh heck?????

- - - Updated - - -

Am I better of leaving and waiting for the 7 years now and then claiming statue barred in the 4 or 5 months time and then appealing then the £1 payment?

[MIKE770]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

post 2007??? agreement

after April 2007 don't have all of the protection under the Act which was amended then.

- - - Updated - - -

as Di ask more information on this one as a different aspect can crop up!

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

Nemesis, di?

[Diana M]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

Am I better of leaving and waiting for the 7 years now and then claiming statue barred in the 4 or 5 months time and then appealing then the £1 payment?

No one can give you a clear strategy without all the background, which is why I asked you to clarify the debt.

I believe in being proactive not waiting for a claim and then reacting to it.

If you're so close to SB you may wish to manage the situation in a different way from someone who isn't. I would think that right now you don't want to make waves which is why I personally oppose a complaint letter.

So on what are you basing your belief that the debt will be SB in May? When was your last payment, when was the Default Notice issued (if ever), what was the DN remedy date, and when would the 2010 loan have expired if it had run the full term? These will be the factors which determine whether or not it will be SB on the date you predict.

How much was the loan to buy the car and was it a personal loan or HP of some sort? On your other thread you say the car was sold, so was it sold privately or repossessed by the car loan company leaving a shortfall? How much is being chased right now ?

You need to analyse the problem before you can solve it

Have a nice weekend.

Di