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

[nescla]

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.

[nemesis45]

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

Good morning, welcome to LB,

Have you acknowledged service of the claim? If not do so online at Claim Online, (instructions on the form) state intention to defend in full. Do not make any statement at this point.
Who is the other party?

Can you be sure that the other party did not/has not made any payment or acknowledgment of the debt since xx/2007?

Care is needed with Hoist which wont accept correspondence at its office.

So A CCA Request to Cohen for a copy of the agreement for the loan ( see the green box above for template) there is a £1.00 statutory fee to pay, use a Postal Order and mark it
" For Statutory Fee Only" on both sides make a copy and keep for your records.

Send the request by signed for post, check delivery date nd signature ( print off and keep for your records.)

The time scale for reply is 12 + 2 working days. Watch out for " dirty tricks) e.g. Cohen stating that they are firm of solicitors and can't comply with the CCA request. Should this happen come back here.

You should also make a request under the provisions of Civil Procedure Rule 31.14 (No Fee) this is for the documents mentioned in the particulars of the claim Only e.g. agreement, default notice
notice of assignment if they are mentioned.

Send in the same envelope as CCA request.

Get these done asap.

If you wish you can " test the water" by sending a Statute Barred Letter to Cohen, it does not admit any liability but could end the claim quickly. ( I can draft a letter for you if needed)

nem

[nescla]

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

Thanks nem;
wooowww too much jargon to understand at this point for me.(english is my second language)
Last payment made to MCS debt collectors back in September 2007 , after than it has gone quiet .
I never sent any communication to Hoist, they have sent me letters claiming to be the new owner of the debt.(probably around 2 years ago started, in total I have received 5-6 letters up to date)
after last payment nearly 9 years now.
I will logon to Money Claim and choose acknowledgement service now.
I will send the Statue Barred Letter to cohen today and I really appreciate if you could send me a draft letter.

I am definitely sure that other party did not make any payment.( I am dealing with all money aspects at home)

[nescla]

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

Do I need to tick contest Jurisdiction , or shall I leave it blank

[Kati]

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

Do I need to tick contest Jurisdiction , or shall I leave it blank

If you live in England or Wales leave it blank. If you live in Scotland or Northern Ireland tick xx

[nescla]

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

Defend full or part?

[Kati]

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

and ... for ease, here's a link to the first steps (that [MENTION=55034]nemesis45[/MENTION] mentioned in post #2) http://legalbeagles.info/forums/show...it-Court-Claim

- - - Updated - - -

Defend full or part?

Tick defend in full xx

[nemesis45]

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

Thanks nem;
wooowww too much jargon to understand at this point for me.(english is my second language)
Last payment made to MCS debt collectors back in September 2007 , after than it has gone quiet .
I never sent any communication to Hoist, they have sent me letters claiming to be the new owner of the debt.(probably around 2 years ago started, in total I have received 5-6 letters up to date)
after last payment nearly 9 years now.
I will logon to Money Claim and choose acknowledgement service now.
I will send the Statue Barred Letter to cohen today and I really appreciate if you could send me a draft letter.

I am definitely sure that other party did not make any payment.( I am dealing with all money aspects at home)

Will do within next 30 minutes.

nem

[nemesis45]

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

FAO
The Principal Solicitor
Howard Cohen & Co.
Address as on claim form.


Date:

Re: County Court Claim No.,,,,,,,,,,,,,,,,,,,,

Hoist Portfolio 2 - v - you:

Sir / Madam,

I refer to the above mentioned claim issued on behalf of Hoist Portfolio 2 in relation to an alleged debt arising from a loan account with HSBC, please note I do not acknowledge any liability to your client.

I have enclosed herewith a request made under the provisions of sections 77/78 of CCA 1974 (as amended) for a copy of the agreement relevant to this claim,£1 .00 statutory fee Postal Order No.......... attached I expect to receive a copy of the agreement and any other documents mentioned in it plus a signed current statement of the account within the 12 + 2 working days statutory time limit.

I am aware that Howard Cohen & Co. may claim that it is unable to comply as it is a firm of solicitors not the creditor however given that your client does not deal with correspondence sent to its offices I expect you to obtain the requested document with in the time allowed.

I have also attached a request made under the provisions of CPR 31.14 which is relevant to the claim until it is allocated to the small claims track.

Having had reason now to review my credit history I have concluded that the alleged debt is statute barred under the provisions of the Limitation Act 1980 as no payment or unequivocal written acknowledgment has been made in more than 6 years. For clarification the last payment to the alleged debt was made to MCS in September 2007, no other payment or acknowledgment has been made or authorised by me.

Given the details above I suggest that Howard Cohen & Co., advises its client to discontinue the claim forthwith. Should your client decide to continue the claim it will be robustly defended.

Yours etc.

Enclosures: List the documents enclosed in the envelope.
Use signed for post check delivery date and signature.
Covers the bases I think.

nem

[nescla]

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

back again. I have not received any reply from the solicitors. It will be 28th day next week on wednesday. What should I do? Shall I keep waiting? Thanks

[nemesis45]

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

back again. I have not received any reply from the solicitors. It will be 28th day next week on wednesday. What should I do? Shall I keep waiting? Thanks

If the claimants solicitors/ claimant do not respond the court will stay (suspend) the claim, you are not informed when this happens and will need to phone the court to check upon the status of the claim.

nem

[nescla]

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

so if they dont respond I will be able to put this behind and get on with life hopefully

[nemesis45]

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

so if they dont respond I will be able to put this behind and get on with life hopefully

If the claim is stayed, the claimant must pay a fee to lift the stay and continue the claim please be aware that this can be a prolonged situation and the claimant can apply to lift at ant time in the future.

If the stay happens and the claimant does nothing for 6-8 weeks then I would suggest writing to the solicitors suggesting that they advise their client to discontinue the claim or you will apply for the claim to be struck out at their cost.

nem

[charitynjw]

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

If the claim is stayed, the claimant must pay a fee to lift the stay and continue the claim please be aware that this can be a prolonged situation and the claimant can apply to lift at ant time in the future.

If the stay happens and the claimant does nothing for 6-8 weeks then I would suggest writing to the solicitors suggesting that they advise their client to discontinue the claim or you will apply for the claim to be struck out at their cost.

nem

Hi nem

It looks like a claim has been issued & acknowledged.
CCA & CPR letters sent but no response.

Does nescla still need to file a defence?

[nemesis45]

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

Hi nem

It looks like a claim has been issued & acknowledged.
CCA & CPR letters sent but no response.

Does nescla still need to file a defence?

Yes, the court process should be followed as required Charity.

nem