**DISCONTINUED**Howard Cohan Cockroaches and Co.

[pandamonia]

Hi Peeps

I have had one of their 10 day demands or legal action will commence letters for a £9000 Credit card debt going back nearly 6 years.

Now has anyone ever seen these letters and do they always follow up on their threats? I have had many from MKDP and other scum bags over the years and only one claim ever came through which is currently stayed pending CCA and CPR for over 18 months for £1200

I foolishly paid £1 off this debt in early 2011 and reset the statute barred. It would have been barred in July this year had i not done that

Luckily this agreement is pre 2007 and 11 years old or more which i believe helps in defending if it goes to claim.

I have no CCJ's after 5 yrs and 9 months since my last payments on all my other debt so im on the home run and have yet to get any CCJ's awarded against me so far. So i really dont want to get one in the home run for £9000 as i want to rebuild my credit next year and buy a house!

Thanks people!

[charitynjw]

Re: Howard Cohan Cockroaches and Co.

Hi pandamonia

What was the £1 payment for? (Seems like an odd amount?)

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

Hi pandamonia

What was the £1 payment for? (Seems like an odd amount?)

maybe a token payment.. cant remember really

[charitynjw]

Re: Howard Cohan Cockroaches and Co.

Hi Peeps

I have had one of their 10 day demands or legal action will commence letters for a £9000 Credit card debt going back nearly 6 years.

Now has anyone ever seen these letters and do they always follow up on their threats? I have had many from MKDP and other scum bags over the years and only one claim ever came through which is currently stayed pending CCA and CPR for over 18 months for £1200
If the MK mob couldn't produce documentation for over 18 months, I doubt whether anyone else can. (I presume this is now with Hoist, who bought Compello [MKDP LLP])

I foolishly paid £1 off this debt in early 2011 and reset the statute barred. It would have been barred in July this year had i not done that
Could this have been a previous CCA request?


Luckily this agreement is pre 2007 and 11 years old or more which i believe helps in defending if it goes to claim.

I have no CCJ's after 5 yrs and 9 months since my last payments on all my other debt so im on the home run and have yet to get any CCJ's awarded against me so far. So i really dont want to get one in the home run for £9000 as i want to rebuild my credit next year and buy a house!

Thanks people!

####

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

####

If i can claim it was payment for a CCA request! i can surely "find" a letter i sent to them

The stayed claim was Drysden Fairfax. so not linked to this debt.

I am wondering if they will follow through or they are just chancing me.

It will cost them over £800 to get me in to court which given that my total debt is £55,000 and no one has yet to get anything other than £1 from me in 6 years almost i hope they search my credit file and see that they will be fighting a losing battle. It seems everyone else has pretty much given up since i am off the grid and have kept my head down with little or no activity on my credit file for 6 years.

Im also pretty sure that the debt belonged to MKDP which was bought out of liquidation by Hoist. So there should be 2 assignment deeds for this debt based on a pre 2007 11 year old CCA which cant be reconstituted. I very much doubt though that they bothered to notify me of assignment when they bought the debt out of liquidation and i cant remember seeing anything other than a change of name on the company on Noddle. I personally think this is wrong and if they bought the company then they took ownership of those debt deeds and have not informed people about it. Certainly when a debt has been sold in the past it was classed as Settled and a new one set up on the credit file...

Any thoughts on this?

[charitynjw]

Re: Howard Cohan Cockroaches and Co.

If i can claim it was payment for a CCA request! i can surely "find" a letter i sent to them

The stayed claim was Drysden Fairfax. so not linked to this debt.

I am wondering if they will follow through or they are just chancing me.

It will cost them over £800 to get me in to court which given that my total debt is £55,000 and no one has yet to get anything other than £1 from me in 6 years almost i hope they search my credit file and see that they will be fighting a losing battle. It seems everyone else has pretty much given up since i am off the grid and have kept my head down with little or no activity on my credit file for 6 years.

Im also pretty sure that the debt belonged to MKDP which was bought out of liquidation by Hoist. So there should be 2 assignment deeds for this debt based on a pre 2007 11 year old CCA which cant be reconstituted. I very much doubt though that they bothered to notify me of assignment when they bought the debt out of liquidation and i cant remember seeing anything other than a change of name on the company on Noddle. I personally think this is wrong and if they bought the company then they took ownership of those debt deeds and have not informed people about it. Certainly when a debt has been sold in the past it was classed as Settled and a new one set up on the credit file...

Any thoughts on this?

Hi pandamonia

Who was the original creditor?

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

Hi pandamonia

Who was the original creditor?

Barclaycard.

Just been googling to see if others have same situation and it seems many of them say their CCA is missing completely which says that its possible that documents never made it from BC to MKDP to Hoist..

[charitynjw]

Re: Howard Cohan Cockroaches and Co.

Barclaycard.

Just been googling to see if others have same situation and it seems many of them say their CCA is missing completely which says that its possible that documents never made it from BC to MKDP to Hoist..

Ok, you seem to be looking at the chain of Deeds of Assignment, & the 'provenance' of the debt.

Would you be confident, as an LiP, to argue that case if it did go to court? (bearing in mind they will probably be legally represented, & (I know 'its not fair, but that's life!), the judge will probably be more inclined to go with the explanation of a legally qualified bod.
Sure you could appeal if necessary, but you'd be on the back foot.
Just asking. op2:

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

Ok, you seem to be looking at the chain of Deeds of Assignment, & the 'provenance' of the debt.

Would you be confident, as an LiP, to argue that case if it did go to court? (bearing in mind they will probably be legally represented, & (I know 'its not fair, but that's life!), the judge will probably be more inclined to go with the explanation of a legally qualified bod.
Sure you could appeal if necessary, but you'd be on the back foot.
Just asking.

Yes i really have no problem with doing that. I took on a £2bln company in employment tribunal I lost but heck did i cost them a fortune in style

My defence of the debt will be multiple fronted. CPA requests CCA and then default notice requests and ensure that the whole process has been followed correctly. Followed by turning up to court to see if they show up if every other part of the process has been followed. Since the last 3 CCJ's i have seen by debt companies resulted in a stayed claim i personally think that they usually move on to easier targets when faced with people who fight. My brother had 2 and we defended those resulting in stayed claims. No response to CCA or CPA requests in all instances.

[charitynjw]

Re: Howard Cohan Cockroaches and Co.

Yes i really have no problem with doing that. I took on a £2bln company in employment tribunal I lost but heck did i cost them a fortune in style


My defence of the debt will be multiple fronted. CPA requests CCA and then default notice requests and ensure that the whole process has been followed correctly. Followed by turning up to court to see if they show up if every other part of the process has been followed. Since the last 3 CCJ's i have seen by debt companies resulted in a stayed claim i personally think that they usually move on to easier targets when faced with people who fight. My brother had 2 and we defended those resulting in stayed claims. No response to CCA or CPA requests in all instances.

Yep, that's the way to do it!
Who exactly is the owner of the debt now? (Hoist is multi-facetted)

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

Yep, that's the way to do it!
Who exactly is the owner of the debt now? (Hoist is multi-facetted)

Hoist portfolio 2 i think. They own 3 or 4 of the debts by now. in 2 months most of them will be statute barred. Some are OD's but i have not made any payment on those for 6 years which i hope means that the T&C's are broken which i hope is classed as the cause of action. I know some people think that when debts are called in this is the COA but i dont see how this is true when most OD are T&C's say you must pay in to the accounts a minimum amount each month. But thats a different story.

[charitynjw]

Re: Howard Cohan Cockroaches and Co.

Hoist portfolio 2 i think. They own 3 or 4 of the debts by now. in 2 months most of them will be statute barred. Some are OD's but i have not made any payment on those for 6 years which i hope means that the T&C's are broken which i hope is classed as the cause of action. I know some people think that when debts are called in this is the COA but i dont see how this is true when most OD are T&C's say you must pay in to the accounts a minimum amount each month. But thats a different story.

& a difficult one to argue, as they will probably refer to BMW-v-Hart.

Have you checked on the FCA register to see if HPH2 are authorised? (Just as an aside, you understand!)

[dambuster]

Re: Howard Cohan Cockroaches and Co.

Hoist portfolio 2 i think. They own 3 or 4 of the debts by now. in 2 months most of them will be statute barred. Some are OD's but i have not made any payment on those for 6 years which i hope means that the T&C's are broken which i hope is classed as the cause of action. I know some people think that when debts are called in this is the COA but i dont see how this is true when most OD are T&C's say you must pay in to the accounts a minimum amount each month. But thats a different story.

do not have any dealings with this lot let them take you to court

Hoist portfolio holding 2 ltd do not have a FCC licence see here this means they are unlicensed to deal with consumer credit and they own the debt which they cant do anything unlicensed theres was out on 30/09/2015 so all ruleing since them are not leagal you cant grant a judgment to a company who are breaching UK law
https://register.fca.org.uk/shpo_sea...st+portfolio+2

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

Well they own half my debt in that holding... They are not licenced? What does this mean then exactly?

[dambuster]

Re: Howard Cohan Cockroaches and Co.

Well they own half my debt in that holding... They are not licenced? What does this mean then exactly?

hoist portfolio are not registered with the FAC this means you can not deal in consumer credit or debt therefore if they try to take you to court they will be in court as unlicencd company see this txt from uk gov site
What you need consumer credit authorisation for

You must check if your firm’s proposed business means you need FCAauthorisation to carry out regulated consumer credit activities such as:

• selling goods or services on credit (including hire purchase)
• hiring or leasing out goods for more than 3 months
• lending money
• issuing credit cards
• arranging credit for other people
• collecting or purchasing 
consumer credit debts
• helping people with debt problems or advising on people’s credit standing

they come under this rule check my link to FCA page your see them as canceled

- - - Updated - - -

that was from this site
https://www.gov.uk/offering-credit-consumers-law