**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!

[Diana M]

Re: Howard Cohan Cockroaches and Co.

How much did it cost you to take this through to a discontinuance ?

It wouldn't be appropriate to discuss our client’s fees publicly on an internet forum.

As the OP has said this claim was for over £12k so allocated to the Fast Track before the Claimant discontinued which can have costs consequences for them.

Maybe @Kati would be kind enough to move this thread to the *CONCLUDED CASES* section please.

Di

[Amethyst]

Re: Howard Cohan Cockroaches and Co.

Good to hear, took a while to get sorted, but slow and steady wins the race Congrats xxx

How much did it cost you to take this through to a discontinuance, and at what stage did they discontinue ?

[Joanna C]

Re: Howard Cohan Cockroaches and Co.

Just like to say that Joanna Collony Solicitors took care of this debt which was over 12k. Well worth what it cost me to defend it. They discontinued before court.

I am now bad Debt free with a mortgage and an interest free loan after 7 years of no credit!

Many thanks to Di and Jo.

Pleased we were able to assist you in this case.

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

Just like to say that Joanna Collony Solicitors took care of this debt which was over 12k. Well worth what it cost me to defend it. They discontinued before court.

I am now bad Debt free with a mortgage and an interest free loan after 7 years of no credit!

Many thanks to Di and Jo.

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

CONC 7.13.12

G

01/04/2014
CONC 1.2.2 R requires a firm to ensure its employees and agents comply with CONC and that it takes reasonable steps to ensure other persons who act on its behalf do so.



CONC 7.13.13

R

01/04/2014
A firm must ensure that a third party engaged by it, where required, has the appropriate Part 4A permission to engage in the regulated activities undertaken in the course of the third party’s business.







Has anyone else considered that fact of the above rules CONC. To be held accountable to the FCA you have to be regulated by them and authorised. So if you are not FCA approved then the above rules cant be enforced. The only way 7.13.12 can be a rule at all is if the company who owns the debt is held to the rules themselves. By not being FCA approved then none of the CONC can be applied. Therefore every person including the Legal Firm whos job is debt collection enforcement also have to be FCA approved. Howard Cowen are not FCA approved either! So by Robinson way asking H&C to write to me threatening legal action they are also breaching the CONC as the old system no longer allows them to operate under the old umbrella

CONC 7.13.13

R

01/04/2014
A firm must ensure that a third party engaged by it, where required, has the appropriate Part 4A permission to engage in the regulated activities undertaken in the course of the third party’s business.


(as defined in section 55A of the Act (Application for permission)) a permission given by theFCA or PRA under Part 4A of the Act (Permission to carry on regulated activities), or having effect as if so given.

1. (1) CONC 1.2.2 R requires a firm to ensure its employees and agents comply with CONCand that it takes reasonable steps to ensure other persons who act on its behalf do so. This rule would apply where a debt collector acts as agent or on behalf of a lender. - Yet another example of FCA licence needed by the OWNER of the debt!

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

CONC 7.15.10

R

01/04/2014
A lender must not initiate legal proceedings in relation to a regulated credit agreement where the lender is aware that the customer has submitted a valid complaint or what appears to thefirm may be a valid complaint relating to the agreement in question that is being considered by the Financial Ombudsman Service





So it turns out that if you complain to the FOS they cant take out a CC on you! So in theory you can tie them up in knots long enough to get some of the debts barred!

This is a plan!

[andi-leigh2]

Re: Howard Cohan Cockroaches and Co.

i dont know about the rules on assignments i do no they use it because if it was by novation
then the sale would need your total agreement and a new contract to the sale of the debt .
what you should do when checking the notice of assignments
make sure dates are the same the amounts are the same and most of all that the person selling the debt on the part of the Leander is in fact still employed by them



my bank has drop a clanger now they have confirmed today that a update to the forms never took place until a year after this person left the bank there for debt now has no rights of assignments please please also check any default notices
i was never put into default by my bank because there were under a CCA request breach however Cockroaches and Co have produced one as part of there witness statement
The maths is so bad that they are £96.00 out on there figures again if a document is wrong you cant relied on it for your case

can the person who said they had a email from the FCA please put a copy of the reply on here the one where they said its a commercial decision to take court enforcement

It may well be a "Commercial Decision" to attempt recovery & collection action, but whoever is making that decision must be in a legally allowable position to do so. Rather like a transport firm putting a new lorry on the road, that's a "Commercial Decision", but they can't do anything with that truck until they have the operators licence for that particular vehicle. Its all a play on words. Whatever they say a good contra-analogy can always be found that makes sense. They are just full of nonsense, and generally unhelpful and naïve to what is really going on in the industry of which they work. Its just a job to them, but the consequences of their actions / decisions affects peoples' lives.

[andi-leigh2]

Re: Howard Cohan Cockroaches and Co.

I spoke to a non-legally trained muppet at the FCA on Monday regarding this issue - she was clueless - front line telephone calls. I asked if all calls are recorded and she confirmed that they were. She said that she would mail me confirming my complaint and that she would also pass it to the relevant department (Compliance & Enforcement) ?? The laws regarding this are very vague and in a grey area, and it was bad enough the OFT being totally inept and dragging their heels like they did with HFO et al, and it now appears that the FCA are acting in a similar fashion. Needless to say, still no email, no phone calls, no nothing at all. Back on phone tomorrow I think and also email to them. Totally unfit for purpose the muppets on the shop floor. When HFO were misbehaving themselves, there was a third party website which collated all of the info from everyone at the time who was at war with them, which became an invaluable tool which ultimately bought about their downfall and put pressure on the OFT to act, although sadly it took them ages. Maybe we need something for the latest set of parasites to accumulate all their wrongdoings and publicise it.

[andi-leigh2]

Re: Howard Cohan Cockroaches and Co.

Dambuster

Are you saying that HPH2 Ltd (Jersey) who do not have current TCA authorisation have no right to be collecting or attempting to collect, and it is the lack of such authorisation that caused the Judge to decide in your favour and kick out case ? Am I understanding this correctly because if so this is an important milestone in all current cases as far as I can see.

[dambuster]

Re: Howard Cohan Cockroaches and Co.

Yes not a bad idea. Do you have any specific guidance about the notice of assignments and deed of assignments in regards to things to look out for?

i dont know about the rules on assignments i do no they use it because if it was by novation
then the sale would need your total agreement and a new contract to the sale of the debt .
what you should do when checking the notice of assignments
make sure dates are the same the amounts are the same and most of all that the person selling the debt on the part of the Leander is in fact still employed by them

my bank has drop a clanger now they have confirmed today that a update to the forms never took place until a year after this person left the bank there for debt now has no rights of assignments please please also check any default notices
i was never put into default by my bank because there were under a CCA request breach however Cockroaches and Co have produced one as part of there witness statement
The maths is so bad that they are £96.00 out on there figures again if a document is wrong you cant relied on it for your case

can the person who said they had a email from the FCA please put a copy of the reply on here the one where they said its a commercial decision to take court enforcement

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

when you get court papers there is there witness statement all paperwork is signed and dated now you have a name just get on and do some homework linkin is a wonderful place to parade yourself

Yes not a bad idea. Do you have any specific guidance about the notice of assignments and deed of assignments in regards to things to look out for?

[dambuster]

Re: Howard Cohan Cockroaches and Co.

How did you find this out?

when you get court papers there is there witness statement all paperwork is signed and dated now you have a name just get on and do some homework linkin is a wonderful place to parade yourself

[dambuster]

Re: Howard Cohan Cockroaches and Co.

and like you why was it in the small claims track? howevere unenfocable is the same in whatever court its in

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

the deed was sign by a person who had left there job at the bank eight months before the assignment was signed if you dont have the job you cant sign the assignment

How did you find this out?