Hoist/Howard Cohen

[Diana M]

Re: Hoist/Howard Cohen

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

You need to send everything by Royal Mail Recorded Delivery to evidence that they were sent especially if your requests are ignored.

You can do that on the self-service machines in my local post office but not all of them have that facility especially if you live in the sticks

Di

[ADDLED]

Re: Hoist/Howard Cohen

You need to send everything by Royal Mail Recorded Delivery to evidence that they were sent especially if your requests are ignored.

You can do that on the self-service machines in my local post office but not all of them have that facility especially if you live in the sticks

Di

Yeah we have that but its a bit half-arsed; still needs the man to come over with the sticker and also stamp the proof of postage.

[Diana M]

Re: Hoist/Howard Cohen

needs the man to come over with the sticker and also stamp the proof of postage.

Proof of Posting should be enough to count as "deemed served" but having the Signed For Track & Trace service is best because you can then hit them with a signature from the Royal Mail website when/if they try to say they never got it.

That happened in one of our cases in court only this morning. Fortunately we were able to show the DJ the Special Delivery receipt with the Claimant's employee's name on it.

Gotcha

Di

[ADDLED]

Re: Hoist/Howard Cohen

Proof of Posting should be enough to count as "deemed served" but having the Signed For Track & Trace service is best because you can then hit them with a signature from the Royal Mail website when/if they try to say they never got it.

That happened in one of our cases in court only this morning. Fortunately we were able to show the DJ the Special Delivery receipt with the Claimant's employee's name on it.

Gotcha

Di

Ha, I bet their solicitor squirmed when you proved they lied.
I made sure i sent it recorded but I remember I didn't sign the letter, although my name was typed at the bottom. Is that ok?

[ADDLED]

Re: Hoist/Howard Cohen

Further update.
Neither Cohen nor Hoist have responded to cca/cpr requests but i had a letter from Robinson Way telling me they had put the case on hold following my letters.
I called Cohen today and they said that the Robinson letters are correct so i asked for a letter from them. They kept saying that I can rely on the Robinson letters so I said that the court wouldnt accept them as they arent named on the claim as either claimant or legal representative. Finally they admitted that theyre waiting for docs from Hoist and it's not on hold. Reluctantly they agreed to send me written confirmation. What a bunch of sharks!
Its 24 days since I sent the requests so should I ask the court to strike out?
Tks.
Add

[charitynjw]

Re: Hoist/Howard Cohen

Imho, it's very unlikely that the court will strike out a claim for the non-disclosure of documents.

[ADDLED]

Re: Hoist/Howard Cohen

Hi again. Ive since received the attached from Cohen for one of the accounts (there were 2 claims, one each for Visacard and Mastercard).

There are no dates on their claim nor on the agreement to indicate when the agreement was taken out, the only dates on the agreement show 2012 on the top of a few pages, no signature etc.

Would someone please take a look and let me know what they think?
cheers!
ADD

[ADDLED]

Re: Hoist/Howard Cohen

***BUMP***

Hi, would someone please be kind and take a look at the attached letter and agreement from Cohen. Im really worried as theyre restarted the court procdess and i really need to get a defence in asap.
thanks
ADD

[charitynjw]

Re: Hoist/Howard Cohen

Hi ADDLED

What is the issue date on the Court claim form?

[Diana M]

would someone please be kind and take a look at the attached letter and agreement from Cohen. Im really worried as theyre restarted the court procdess and i really need to get a defence in asap.

Golly, I see you've not filed your Defence to a claim which was issued at the beginning of May (your first post was 5th May).

You need to do that today!

In fact you should have done that in June.

Di

Ive since received the attached from Cohen for one of the accounts (there were 2 claims, one each for Visacard and Mastercard).

Do you mean you have received two separate claims from Hoist - one for each credit card account?

Or do you mean that there's one claim but it's for two separate accounts?

Di

Neither Cohen nor Hoist have responded to cca/cpr requests but i had a letter from Robinson Way telling me they had put the case on hold following my letters.

^ ^ ^ ^ You posted this on 30th May so do you have an update?

Have you received a response to your CPR 31.14 Request and have they produced the DN, NOA etc?

Did you send the SAR to Barclaycard as I suggested several times in May, and if so have you had a response with all the account history (the information/data for both accounts should be included in one SAR)?

Di

Hi again. Ive since received the attached from Cohen for one of the accounts

I've re-read that letter from Howard Cohen and in the last paragraph they ask you to withdraw your Defence, so one of two things seem to have happened.

Either you filed a Defence online by mistake when you filed your AOS (it's easy to enter something in the Defence box in error).

Or HC have sent you a template letter which would usually be sent to someone who has already filed a Defence, perhaps because more than two months have elapsed since the claim was issued which exceeds the time allowed for an extension agreed between the parties.

Di

Its 24 days since I sent the requests so should I ask the court to strike out?

^ ^ ^ ^ I've now seen this post from 30th May.

Did you make an Application to strike out their claim?

I ask because that letter from Howard Cohen says in the last sentence: "we've been instructed by our client to oppose your application" and it warns you of the costs consequences if they're successful.

What Application?

This is a £9k claim so now's the time to focus

Di

[ADDLED]

Re: Hoist/Howard Cohen

Hi Diana, thanks so much for your reply. They've been telling me the case is on hold and ive been waiting for the docs to arrive. Answered as best I can below. Any more help would be so gratefully appreciated.
ADD

Golly, I see you've not filed your Defence to a claim which was issued at the beginning of May (your first post was 5th May).
You need to do that today!
In fact you should have done that in June.

Yeah I know, but Cohen wrote to me after I sent them the CCA request, telling me the the account was on hold.

Di

Do you mean you have received two separate claims from Hoist - one for each credit card account?
Or do you mean that there's one claim but it's for two separate accounts?

One for Visa, one for MasterCard.

so do you have an update?
Have you received a response to your CPR 31.14 Request and have they produced the DN, NOA etc?

Only update is the previously attached agreement they sent me a few weeks ago via snailmail. No DN/NOA. Again, no date on claim form or the agreement of when the agreement was taken out.

Did you send the SAR to Barclaycard as I suggested several times in May, and if so have you had a response with all the account history (the information/data for both accounts should be included in one SAR)?

Yep, no response from Barclays.


I've re-read that letter from Howard Cohen and in the last paragraph they ask you to withdraw your Defence, so one of two things seem to have happened.
Either you filed a Defence online by mistake when you filed your AOS (it's easy to enter something in the Defence box in error).

Or HC have sent you a template letter which would usually be sent to someone who has already filed a Defence, perhaps because more than two months have elapsed since the claim was issued which exceeds the time allowed for an extension agreed between the parties.

I haven't filed a defence, just an acknowledgement and the CCA/CPR/SAR requests.

^ ^ ^ ^ I've now seen this post from 30th May.

Did you make an Application to strike out their claim?

No.

I ask because that letter from Howard Cohen says in the last sentence: "we've been instructed by our client to oppose your application" and it warns you of the costs consequences if they're successful.

What Application?

This is a £9k claim so now's the time to focus

Haha,... believe me, i'm VERY focused!

Di

[Diana M]

Re: Hoist/Howard Cohen

Golly, I see you've not filed your Defence to a claim which was issued at the beginning of May (your first post was 5th May).

You need to do that today!

In fact you should have done that in June.

Di



Do you mean you have received two separate claims from Hoist - one for each credit card account?

Or do you mean that there's one claim but it's for two separate accounts?

Di



^ ^ ^ ^ You posted this on 30th May so do you have an update?

Have you received a response to your CPR 31.14 Request and have they produced the DN, NOA etc?

Did you send the SAR to Barclaycard as I suggested several times in May, and if so have you had a response with all the account history (the information/data for both accounts should be included in one SAR)?

Di



I've re-read that letter from Howard Cohen and in the last paragraph they ask you to withdraw your Defence, so one of two things seem to have happened.

Either you filed a Defence online by mistake when you filed your AOS (it's easy to enter something in the Defence box in error).

Or HC have sent you a template letter which would usually be sent to someone who has already filed a Defence, perhaps because more than two months have elapsed since the claim was issued which exceeds the time allowed for an extension agreed between the parties.

Di



^ ^ ^ ^ I've now seen this post from 30th May.

Did you make an Application to strike out their claim?

I ask because that letter from Howard Cohen says in the last sentence: "we've been instructed by our client to oppose your application" and it warns you of the costs consequences if they're successful.

What Application?

This is a £9k claim so now's the time to focus

Di

My posts have been deleted and edited.

I make separate posts for a reason. I like to break down issues into bite size chunks.

I do know how to multiquote but I choose not to do it at times.

If I'm not conforming to a forum standard for writing then please send me an email. All of a sudden I'm finding lots of my posts edited

Di

[Amethyst]

Re: Hoist/Howard Cohen

They haven't been edited, just merged together as you made 8 posts directly after one another, often someone will only read the last post on a thread so may have missed the rest of your queries. Addled has replied to each of your posts, in red, which seems quite clear to me.

[ADDLED]

Re: Hoist/Howard Cohen

Thanks Diana and Amethyst, I get whats happened.
I forgot to mention the date on the claim form is 20th April.
tks
ADD

[Diana M]

Re: Hoist/Howard Cohen

you made 8 posts directly after one another

There were five posts not eight posts and they were made over a half-hour period.