Hoist/Howard Cohen

[ADDLED]

Hi everyone,
Ive had a claim from Hoist in Jersey as the claimant but the form shows Howard Cohen as the address for sending documents. I'm sending off CCA and CPR requests today but should I send them both to Howard Cohen?
tks in advance for your help.

[Diana M]

Re: Hoist/Howard Cohen

The quick answer to your question is the CCA Request goes to Hoist with a copy to Howard Cohen when you send them your CPR 31.14 Request.

Di

[Diana M]

Re: Hoist/Howard Cohen

What is the claim for and who was the original creditor?

Post up (type out) the Particulars of Claim (removing anything which could identify you) so it's clear what they are claiming and why they think they have the right to claim it.

You'll need to send a Subject Access Request to the original creditor to get the full history of the account. The Transaction Log will be useful

Di

[ADDLED]

Re: Hoist/Howard Cohen

Tks for the replies.

The claim is for the sum of £9k in respect of monies owing under an agreement with the account number XXXXXX pursuant to the CCA 1974.
The debt was legally assigned to MKDP LLP (ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant..... etc...
the claimant claims
1. The sum of £9k
2. Costs


I just checked my credit file and they've added a default dated 1 April 2017, no default from Barclaycard.

I read about writing a clause on the postal order to the claimant, but I cant find the post that I read, so could you please remind me.

tks again for your help

[charitynjw]

Re: Hoist/Howard Cohen

Hi ADDLED

Dotting 'i's, etc.....have you acknowledged the claim?

I read about writing a clause on the postal order to the claimant, but I cant find the post that I read, so could you please remind me.

If you are referring to the £1 CCA fee, write 'For statutory purposes only'.

[Diana M]

Re: Hoist/Howard Cohen

When did you open the Barclaycard account and how did you open it (e.g. online, in a bank branch, in response to a mailshot etc)?

Was it a Barclaycard from the very beginning or could it have been an Egg or MSDW or Monument credit card which was later taken over by Barclaycard?

As I said in post #3 you need to send a SAR to Barclaycard.

Di

[bananaskin]

Re: Hoist/Howard Cohen

Tks for the reply. Acknowledging online now. Yes, that's the clause, tks for that.

[bananaskin]

Re: Hoist/Howard Cohen

Hi Diana. It would have been Barclaycard from the beginning. I cant remember how I opened it as it was very late 90s.

I mentioned the SAR but is it necessary?

[Diana M]

Re: Hoist/Howard Cohen

I mentioned the SAR but is it necessary?

The SAR is not "necessary" it's absolutely essential!

It could provide you with the evidence you need to win your case.

Trust me on this one

Di

[Diana M]

Re: Hoist/Howard Cohen

What are you asking for in your CPR 31.14 Request?

The Deed of Assignment should be included even if it's not mentioned (only referred to) in the POC.

Di

[pt2537]

Re: Hoist/Howard Cohen

From my experience, Hoist will have considerable difficulties complying with their obligations under s78

And in any event , many barclaycard agreements didnt comply with the CCA when they were executed such as in this case http://www.bailii.org/ew/cases/Misc/2012/19.html

The Judge on that case was married to the head of legal at Barclays and still found that they had not complied on the evidence before him with the requirements of the CCA.

Dont panic, keep your chin up and get the documents from them as advised above

[ADDLED]

Re: Hoist/Howard Cohen

What are you asking for in your CPR 31.14 Request?

The Deed of Assignment should be included even if it's not mentioned (only referred to) in the POC.

Di

I asked for...
1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand

And I've also typed up a SAR letter too. I send that to Barclaycard, Hoist or both?

[Diana M]

Re: Hoist/Howard Cohen

Hi Diana. It would have been Barclaycard from the beginning. I cant remember how I opened it as it was very late 90s.

Don't assume it was a Barclaycard from the beginning just because it says it was "ex Barclaycard " in the POC.

I always take the POC with a pinch of salt. Just because they say something that doesn't mean it's true

If you can't remember how you opened the account that's not necessarily a bad thing. Sometimes Barclaycard just sent them out in the post without you knowingly applying for one.

That's why you need the SAR to get the truth because the Claimant is likely to reconstitute a credit agreement which you can then test for 'honestly and accuracy'.

The Claimant has to prove their case not you.

Di

[Diana M]

Re: Hoist/Howard Cohen

I've also typed up a SAR letter too. I send that to Barclaycard, Hoist or both?

You send the SAR to Barclaycard because you want the history of the account from its inception.

The Claimant won't be entitled to see the same information as you will receive from Barclaycard . That's how we catch them out when they produce iffy documents in the hope you'll not spot the difference.

If you can discredit a Claimant's evidence in court you damage their overall credibility.

Di

[ADDLED]

Re: Hoist/Howard Cohen

You send the SAR to Barclaycard because you want the history of the account from its inception.

The Claimant won't be entitled to see the same information as you will receive from Barclaycard . That's how we catch them out when they produce iffy documents in the hope you'll not spot the difference.

If you can discredit a Claimant's evidence in court you damage their overall credibility.

Di

Brilliant, thanks again. I'm off to the post office to wrestle with one of their self-service machines.