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

Glad to hear the case is discontinued!

But, I just don't get it how law operates in this country...
How is it possible that statue barred debt been even taken as far as to almost court hearing?
And subsequently, how is it even possible to re-issue discontinued claim in the future (assuming new evidence would have to be somehow found, but then essentially same case against same person is somehow I disagree with).
Oh, please can England adopt at least Scottish model finally (5 years and then debt is extinguished)? In Europe it is usually 3 years so it shows how we are "punished" more severely. Those years of effective punishment really affect peoples' lives...
I know it first hand...

It would be ideal but when this was proposed some years ago the then chair of the Credit Services Association ( a solicitor working or a debt purchaser) stated ( threatened that the count courts will be inundated with claims within weeks and they would cause chaos in the court if the Limitation Act 1980 was changed.

nem

[monoko]

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

Glad to hear the case is discontinued!

But, I just don't get it how law operates in this country...
How is it possible that statue barred debt been even taken as far as to almost court hearing?
And subsequently, how is it even possible to re-issue discontinued claim in the future (assuming new evidence would have to be somehow found, but then essentially same case against same person is somehow I disagree with).
Oh, please can England adopt at least Scottish model finally (5 years and then debt is extinguished)? In Europe it is usually 3 years so it shows how we are "punished" more severely. Those years of effective punishment really affect peoples' lives...
I know it first hand...

[nemesis45]

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

Hi.


just an update.

Court confirmed that they have received an email from the Claimants solicitors discontinuing the claim and the hearing has been cancelled and gone to filing.

Do I need to do anything to prevent them opening another case in the future against me?


Thanks all your help again and again.
Without you I wouldnt be able to do anything.

Well done nescla that's a good result!

No need to do anything but keep all the documents on the case somewhere safe, then in the unlikely event someone else tries it on you are pre armed.


Have a good weekend.

nem

[Diana M]

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

I have received a letter from Howard Cohen on 10th September.

". . . our client has instructed us to discontinue the Claim with the Court.

. . . Please be advised that this dos not mean you are no longer liable for this and should our client decide to take legal action against you in the future, you will receive prior notification in writing."

Does that mean they can take me to court whenever they like? How can I stop this? I just would like to put all of this behind.

That last statement in their letter is a little churlish.

The solicitor will know that since they Discontinued after you had filed your Defence they cannot bring a new claim (reissue) based on the same or substantially the same facts without seeking permission of the court which they're unlikely to get.

Perhaps this was a case of bad sportsmanship

Di

[nescla]

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

Hi.


just an update.

Court confirmed that they have received an email from the Claimants solicitors discontinuing the claim and the hearing has been cancelled and gone to filing.

Do I need to do anything to prevent them opening another case in the future against me?


Thanks all your help again and again.
Without you I wouldnt be able to do anything.

[MIKE770]

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

shows how bad administration is in this country - clerical gone to the dogs! by scribes!

[charitynjw]

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

Hi nescla

I would phone the court to see if they have received notification of the discontinuance, & if necessary email them a copy of the letter. (Post #48)

[nescla]

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

Another update.

Received court papers saying that there will be hearing on 2nd November.
Fee hasnt been paid yet and court said they will chase the payment.
For now I will wait until another letter

[nescla]

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

another update.
I have received a letter from Howard Cohen on 10th September.


"Following the issue of the Claim against you,our client has instructed us to discontinue the Claim with the Court.
Please therefore find enclosed by way of service upon you a Notice of Discontinuance.We will also be notifying the court that the Claim has been discontinued accordingly.
Please be advised that this dos not mean you are no longer liable for this and should our client decide to take legal action against you in the future, you will receive prior notification in writing."



Does that mean they can take me to court whenever they like? How can I stop this? I just would like to put all of this behind.

[nescla]

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

Just called the court and it has not been paid yet.
She says she cant see it yet and wanted me to call back tomorrow.

I haven't received the file from claimant either.

What now?

I am hoping it is a good thing that they haven't paid it yet.

I just want to say again and again I cant thank you enough for all your replies and assurances

[nemesis45]

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

Update

I just received a letter noted Notice of allocation to the Small Claims Track(Hearing)

IT IS ORDERED THAT the Claimant shall file and serve a Reply to the defence by 4pm on 7 September 2016.
AND
District Judge ......has considered the statements of case and questionnaires filed and allocated the claim to the small claims track.







So I guess I should wait until 7 September.
During this time do I need to do anything?
Also claimant needs to pay £335 by 7 September, How can I find out if it has been paid or not?

Thanks

You can phone the court after 07/09 to check if the fee has been paid.

nem

- - - Updated - - -

Update

I just received a letter noted Notice of allocation to the Small Claims Track(Hearing)

IT IS ORDERED THAT the Claimant shall file and serve a Reply to the defence by 4pm on 7 September 2016.
AND
District Judge ......has considered the statements of case and questionnaires filed and allocated the claim to the small claims track.







So I guess I should wait until 7 September.
During this time do I need to do anything?
Also claimant needs to pay £335 by 7 September, How can I find out if it has been paid or not?

Thanks

You can phone the court after 07/09 to check if the fee has been paid.

nem

[nescla]

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

Update

I just received a letter noted Notice of allocation to the Small Claims Track(Hearing)

IT IS ORDERED THAT the Claimant shall file and serve a Reply to the defence by 4pm on 7 September 2016.
AND
District Judge ......has considered the statements of case and questionnaires filed and allocated the claim to the small claims track.




So I guess I should wait until 7 September.
During this time do I need to do anything?
Also claimant needs to pay £335 by 7 September, How can I find out if it has been paid or not?

Thanks

[nemesis45]

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

Hoist/Cohen will push this right to the wire, still no proof i.e. agreement produced?

Have you notified the court of the dates you are unavailable?

If this goes forward a court hearing date will be sent to you by the court with instruction to follow.

nem

[nescla]

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

Do you think they will come to the court or withdraw the case?
or will they insist and try to do something more?