**DISCONTINUED!!** statue barred debt from 2005 taken to court

[pt2537]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Ok so the agreement ended in 2007 September approx. in that case if there has been no payment or acknowledgement then limitation may well have expired.

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

As far as I remember , I took a loan back in sep 2004 for £3.000 for 3 years and started paying for it. and then I and my husband given both credit cards. I dont remember the limits on them. at that time my business was failing and I and my husband owed money to everywhere. around start of 2006 HSBC offered us reconciliation loan to put the credit cards and loan under one payment.
We accepted it. I dont remember the exact amount but I think it was between £4,800-£5,000. There was no set amount of time and I dont have any idea about the interest rate because we were desperate and dealing with so many things.
we have tried our best to pay it off and made payments up to 2007 and then it has transferred to Debt collectors. We made an agreement with the debt collector and started paying £60 per month. We have made the payment up to end of 2008. in 2008 I have asked debt collection agency to send us a statement showing how much was the original loan,how much has been paid, what was the interest?
Debt collection agency said there were no statements, they didnt even know the full amount of the loan and our loan was getting higher and higher. I have told them I will not pay without a proper statement and they couldnt send me anything in writing.We stopped making payments,. and that was the end of it. We didnt hear from them, maybe couple of letters until the end of 2015.
At the end of 2015 Howen Cohen started writing to us stating that they have taken over the debt.



my financial situation was I and my husband had business which failed in 2006 and we owed money to everywhere,thousands of money for credit cards,loans,utility bills, etc...
we left the business and we both worked very hard to pay off the debts. all the debts paid off fully except this loan. this was not paid because the debt collection agency didnt send us statement and we didint know how much was our debt and what we were paying. also in 2008 I had baby and he needed heart surgeries and we were in and out of hospital all the time and working with double jobs. In 2013 I have bought a house on my name.
I guess from the land registry Hoist thought they can take the money and sued only myself.

My husband never touches the money and I do all the dealings, so I am 1000% sure that he did not make any payment to this company.

Unfortunately I dont have any paperwork relating to this debt because after we left the business we were homeless living on the streets,with friends,sleeping in business premises,etc... that was between I think sep 2006 to sep 2007. which we have rented a property in sep 2007 and lived there for 2 years, and then another rental property lived there sep 2009 to june 2013. and june 2013 I bought my house with mortgage (deposit was not savings though unexpected money came).

[pt2537]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

I did have loan to HSBC in 2005-2006 time. Last payemt done in 2007 and it doesnt show up on credit report, I am pretty certain that it is statue barred.

I have received a court claim from Hoist Portfolio Holding 2 Ltd (correspondence address Howard Cohen and Co)

alleged debt was £5,545.00
They are claiming interest at %8 from 20/04/2010 to date total £2,659.08
Future interest daily rate £1.22
costs= court fee £410, Legal representative £100

Total £8,714.08.

What should I do?

It was a joint reconsolidation loan for unpaid credit cards and previous loan.

Yet I am the only one who got court claim.

Hi,

You say this was a reconsolidation loan, and that it was joint, can i ask how much you borrowed? Secondly, how long was the loan for? what was the term?

It is important that we consider when the loan expired, as this will be a fall back date for limitation in the event that the creditor tries to rely on BMW v Hart etc.

Also, issuing against only one person on a joint loan is potentially a breach of the Consumer Credit Act 1974 as a creditor is generally required to sue both parties to a regulated agreement.

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Nem;


Could you give me an idea what will happen now?
Will I be going to court? Do I need to get a Solicitor? Would they put CCJ while I am not available between the dates of (July-September)?
Will they call me before going to court?
Will they send me any letter?



thanks again

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

on the first page it says you must file by 14 July and serve copies on all other parties. Do I need to send a copy to Hoist Portfolio?



I will just write here in case I got something wrong.

C1. Do you agree that small claims track is appropriate track for this case (yes)
D1 Which County Court hearing centre would you prefer the small claims hearing to take place and why?( .......,local)
D2. Are you asking for the court`s permission to use the written evidence of an expert (NO)
D3. How many witness (0)
D4. Are there any days within the six months when you will not be able to attend the court for the hearing (YES 19.07.16-02.09.16)
D5. Will you be using interpreter (NO)



and then there is enclosed another form EX730 asking would you like to settle your case without going to a court hearing?

Shall I enclose this one or not ?

What will be the next step? If we go to court how I am going to deal with this? Thanks in advance

Hello Nescla,

Just to the solicitors and the court.
No don't use EX730 Hoist /Cohen are unlikely imo to give up .

nem

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

on the first page it says you must file by 14 July and serve copies on all other parties. Do I need to send a copy to Hoist Portfolio?



I will just write here in case I got something wrong.

C1. Do you agree that small claims track is appropriate track for this case (yes)
D1 Which County Court hearing centre would you prefer the small claims hearing to take place and why?( .......,local)
D2. Are you asking for the court`s permission to use the written evidence of an expert (NO)
D3. How many witness (0)
D4. Are there any days within the six months when you will not be able to attend the court for the hearing (YES 19.07.16-02.09.16)
D5. Will you be using interpreter (NO)



and then there is enclosed another form EX730 asking would you like to settle your case without going to a court hearing?

Shall I enclose this one or not ?

What will be the next step? If we go to court how I am going to deal with this? Thanks in advance

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Good morning;

I just received the court papers.
on the first page it says :

1.This is now a defended claim
the defendant has filed a defence, a copy of which is enclosed. (this line is crossed, I couldnt do it here)
.

2. It appears that this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by 14 July 2016 complete the small Claims Directions Questionnaire (Form N180) and file it with the court office (the county court business centre,4th Floor, .... Northampton)

and serve copies on all other parties.

Standard procedure nescla, the question are self explanatory on N180 but if you get stuck please post and ask for help.

nem

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Good morning;

I just received the court papers.
on the first page it says :

1.This is now a defended claim
the defendant has filed a defence, a copy of which is enclosed. (this line is crossed, I couldnt do it here)
.

2. It appears that this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by 14 July 2016 complete the small Claims Directions Questionnaire (Form N180) and file it with the court office (the county court business centre,4th Floor, .... Northampton)

and serve copies on all other parties.

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Hi Nemesis

no response whatsoever from Hoist or Cohen.
I did call the court yesterday lunch time and there was no response and when I called this morning the court told me that they applied to pursue the claim at the last minute.
and directions has been sent out yesterday.
I will let you know as soon as I receive the papers.


All I worry is I will be away from 15th of July for 6 weeks.
if anything were to happen at that time (

If you fail to comply with the court process the claimant may seek judgement.
If the claim progresses towards a hearing you can inform the court/claimant of dates when you are unavailable ( it will have to be a valid reason) why you are unable to attend.

Alternatively you can ask the court to proceed in your absence any rely upon your written evidence which is put before the court. ( A very comprehensive witness statement) of course this does provide an advantage to the claimant.

nem

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Hi Nemesis

no response whatsoever from Hoist or Cohen.
I did call the court yesterday lunch time and there was no response and when I called this morning the court told me that they applied to pursue the claim at the last minute.
and directions has been sent out yesterday.
I will let you know as soon as I receive the papers.


All I worry is I will be away from 15th of July for 6 weeks.
if anything were to happen at that time (

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Claimant just responded to the court yesterday at the last minute saying that they want to pursue the claim.
Court send the forms out yesterday.

What should I do now?

Hello Nescla,

Still no documents from Hoist or Cohen?

It's typical of Hoist to push a claim forward even though it has not provided and supporting documents.

You will receive papers (Directions ) from the court shortly which must be completed come back here as soon as they arrive.

nem

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Claimant just responded to the court yesterday at the last minute saying that they want to pursue the claim.
Court send the forms out yesterday.

What should I do now?

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

just a quick update

deadline is 27th of June and there is still no news/action at all.

Shall I contact the court now or shall I wait until the 27th of June?

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

I talked to court yesterday and I have been told that my defence has been sent to Claimant and they do have 33 days to respond.

now it is a waiting game

Yes keep any eye on your post!!

nem

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

I talked to court yesterday and I have been told that my defence has been sent to Claimant and they do have 33 days to respond.

now it is a waiting game