***DISCONTINUED**claim from howard cohen and co

[jobe1972]

Hi all looking for some help have a ongoing claim agaisnt me and a new one pending

the ongoing one started in febuary from the county court bussiness centre its for a old barclaycard debt..

i sent back my defense i also sent a cpr 31.14 request to howard cohen and it was ignored and i sent a cca request to hoist porfolio for a copy of the agreement they sent me a reply back saying they had enclosed the documents asked for but they hadnt only thing in the envelope was the letter saying they had sent the stuff.

i have now had a fast track for small claims come through which i was advised to tick mediation and when they call to tell them they havent had any paperwork i have requested..

the last payment to this card was 1st november 2011 so this year it would of been statue barred ..

i dont know what to do they havent sent me a copy of the agreement nor the default notice or anything else related to this

once i get this sorted i will then deal with the pending one thankyou so much for any info to help me sort this

[Diana M]

Re: claim from howard cohen and co

Hello

Is it possible to start a new thread for the new claim and keep this thread for the current one which will make it easier to help you.

Are they both Hoist/Howard Cohen?

Post up (type out) the Particulars of Claim removing anything which could identify you first.

The POC are always a good starting point.

I appreciate you may have reached the Directions Questionnaire stage with this one but let's see what's brought you to this point.

I would definitely send a Subject Access Request to Barclaycard to get the full history of your old account. The information you get back can be very helpful to your case.

Di

[Diana M]

Re: claim from howard cohen and co

i sent a cca request to hoist porfolio for a copy of the agreement they sent me a reply back saying they had enclosed the documents asked for but they hadnt only thing in the envelope was the letter saying they had sent the stuff.

Without seeing the actual letter you were sent it's hard to speculate. But from what you say this may have been an administrative error (the absence of documents in the envelope).

It's hard to argue in court that they've not complied with your request for documents if you've not given them the opportunity to deal with the situation. At the moment they're probably completely oblivious to the mistake (if it was an error).

I see no harm in you writing back to simply thank them for their letter and inform them that contrary to what their letter says, there were no documents enclosed so could they please re-send.

See what comes back (if anything) but at least you will have a letter to them in your file denying receipt of the paperwork.

At the moment they've got a letter in their file 'confirming' it was sent.

Di

[jobe1972]

Re: claim from howard cohen and co

Hello

Is it possible to start a new thread for the new claim and keep this thread for the current one which will make it easier to help you.

Are they both Hoist/Howard Cohen?

Post up (type out) the Particulars of Claim removing anything which could identify you first.

The POC are always a good starting point.

I appreciate you may have reached the Directions Questionnaire stage with this one but let's see what's brought you to this point.

I would definitely send a Subject Access Request to Barclaycard to get the full history of your old account. The information you get back can be very helpful to your case.

Di

Hi thankyou for replying yes both are for cohen/hoist for two barclaycard debts and i will open another thread for the 2nd one as for the points of the claim they are

1.This claim is for the sum of £6575 in respect of monies owing under an agreement with the account no xxxx pursuant to the consumer credit act 1974 (CCA)
The debt was legally assigned by MKDP LLP (ex barclaycard) to the claimant and notice has been served.


2.the defendent has failed to make contractual payments under the terms of the agreement.
A default notice has been served upon the defendant pursuant to s.87(1) CCA

the claimant claims
1; the sum of £6575
2; interest pursuant to s69 of the county court act 1984 at a rate of 8;00 percent from the 24/02/12 to the date hereof 1809 days is the sum £2607
3; future interest accuring at a daily rate of £1.44
4: cost

I was advised on another site to send a cca off to hoist which i did.. and i sent a cpr 31.14 request to cohen which they have ignored so far

[Diana M]

Re: claim from howard cohen and co

Did you also send a copy of your CCA Request to Hoist to Howard Cohen?

Is this the claim where you've received an 'empty envelope'?

Di

PS if you start a new thread for your other claim you can tag me and I'll take a look at that too. You simply type [MENTION=87380]Diana M[/MENTION] in a post.

[Diana M]

Re: claim from howard cohen and co

When did you open this Barclaycard? There's no mention of the date in the POC which are woefully inadequate to put it mildly. Especially since this claim is for over £9k.

Di

[jobe1972]

Re: claim from howard cohen and co

Hi the card was opened in 2002 or around then.
I only sent a cca request to hoist as there the dca and the cpr request to the solicitors howard cohen and co the empty enevolpe except for the letter came from robinson way

[Diana M]

Re: claim from howard cohen and co

Hi the card was opened in 2002 or around then.
I only sent a cca request to hoist as there the dca and the cpr request to the solicitors howard cohen and co the empty enevolpe except for the letter came from robinson way

I can believe that (the empty envelope came from Robinson Way)

A Barclaycard opened in 2002 could cause them problems. Was it definitely a Barclaycard or could it have been something else first such as an Egg or Morgan Stanley Dean Witter account?

Can you remember how you opened it i.e online, in branch, or in response to a mailshot?

Di

[Diana M]

Re: claim from howard cohen and co

How much is the other claim in case they (or the court) decide to amalgamate them if it's the same Claimant, same Defendant, same lawyers, same original creditor?

If this one is over £9k then if combined it may be a Fast Track allocation.

I can see why Howard Cohen wouldn't want that since they'd be at risk of having to pay your costs if they lost.

Di

[jobe1972]

Re: claim from howard cohen and co

How much is the other claim in case they (or the court) decide to amalgamate them if it's the same Claimant, same Defendant, same lawyers, same original creditor?

If this one is over £9k then if combined it may be a Fast Track allocation.

I can see why Howard Cohen wouldn't want that since they'd be at risk of having to pay your costs if they lost.

Di

was defintly barclaycard i remember the cards the other claim is for £5410.23 plus court costs odd though they havent tried to claim the daily interest they have on the first

i only owe two debts on my credit file that are defaulted both were barclaycard both defaulted same day both owned by hoist/robinson way both being dealt with through the county court business centre in northampton and both being dealt with with howard cohen and co

but i only recieved the 2nd one yesterday

- - - Updated - - -

as for how i opened it think it was through the post

[Diana M]

Re: claim from howard cohen and co

What's the deadline for filing your Directions Questionnaire?

Don't lose sight of that task.

Di

[jobe1972]

Re: claim from howard cohen and co

that was 6th of may and i sent it back yesterday agreeing to mediation which is what i was told to do... as it will fail as they havent sent out any paperwork i will write or should i email robinson way sating they havent sent me the required documents that they say they have in their letter

What's the deadline for filing your Directions Questionnaire?

Don't lose sight of that task.

Di

[Diana M]

Re: claim from howard cohen and co

I've seen this post of yours on another thread. Does it relate to either of these claims?

If so it says you sent a CCA Request to Barclaycard in 2014 and they may not have been able to comply. Can you clarify this in case it helps you with your current legal situation.

I have an alleged debt to barclaycard that defaulted in 2012 the debt was sold on to various dca and now resides with robinsonway who now have got Howard cohen solicitors to threaten pending legal action to gain a CCJ..

I applied for a cca in 2014 and got a reconstituted agreement minus a signature from barclaycard the agreement was taken out in 2002.. i have been led to believe as its pre april 2007 that the agreement can not be inforced through court as it isnt a signed copy

how accurate is this information if a CCJ is raised against me i will have to file for bankruptcy and i would rather not do that

Di

[jobe1972]

Re: claim from howard cohen and co

yes it does relate in 2014 barclaycard sent me a reconstitued agreement which was illegible i hadnt heard anything from them in ages until january or so guessing i popped back up as 6 years would be up in november and both would become statue barred

[jobe1972]

Re: claim from howard cohen and co

would a email do the same job of informing robinson way that the letter they sent me didnt include said documents as it would serve as physical proof i did tell them they had not sent them in error assuming it is a error