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

[Diana M]

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

I'm not sure I've understood your reasoning behind sending an email not a letter with proof of posting.

You could do both. Send a letter and then email a copy of your letter to them.

These are legal proceedings for a considerable amount of money so firing off a casual email may not be enough.

An email may not always be seen as "physical proof" by the court. Is your email set up with tracking so you can get a 'Read' receipt?

Di

[jobe1972]

Re: claim from howard cohen and co

my reasoning was a email is instant plus it can be shown the date time and content of what was sent sending a letter i can get proof of posting but not proof of what was actually sent but will get a letter done today and hopefully sent tomorrow

should the letter be sent to robinson way though or to hoist portfolio

thankyou

I'm not sure I've understood your reasoning behind sending an email not a letter with proof of posting.

You could do both. Send a letter and then email a copy of your letter to them.

These are legal proceedings for a considerable amount of money so firing off a casual email may not be enough.

An email may not always be seen as "physical proof" by the court. Is your email set up with tracking so you can get a 'Read' receipt?

Di

[Diana M]

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

If you had made that known at the start of your thread I would probably have said nothing is gained by sending another CCA Request if the one you have already sent has not been complied with.

Having said that if all you think was wrong with it was the fact it's illegible then they may be able to remedy that flaw.

Since this is an old Barclaycard I'd be surprised if there wasn't a lot more wrong with it

This is why it's important to see what Hoist can come up with because if all that Barclaycard have in their files is a non-compliant document (based on what you've said not me) then Hoist won't be able to do any better will they?

If they come up with a different document then they'll have a lot of explaining to do to the court.

That's why it's important to nail the facts on the missing documents they sent (if they existed).

Have you sent a Subject Access Request to Barclaycard as I suggested in post # 2?

Di

[jobe1972]

Re: claim from howard cohen and co

i was following advise i had been given elsewhere i had said there i had been sent a reconstuted agreement back in 2014 but it was very blurry and the interest rates on that agreement was higher then i had when i had the card

being new to anything like this its hard to know whats relevant and what isnt
and no to the SAR i was looking for a template letter and the correct address at barclaycard to send it also wasnt sure i would have time for a response from barclays also would the one request cover all accounts with barclaycard

If you had made that known at the start of your thread I would probably have said nothing is gained by sending another CCA Request if the one you have already sent has not been complied with.

Having said that if all you think was wrong with it was the fact it's illegible then they may be able to remedy that flaw.

Since this is an old Barclaycard I'd be surprised if there wasn't a lot more wrong with it

This is why it's important to see what Hoist can come up with because if all that Barclaycard have in their files is a non-compliant document (based on what you've said not me) then Hoist won't be able to do any better will they?

If they come up with a different document then they'll have a lot of explaining to do to the court.

That's why it's important to nail the facts on the missing documents they sent (if they existed).

Have you sent a Subject Access Request to Barclaycard as I suggested in post # 2?

Di

[Diana M]

Re: claim from howard cohen and co

and no to the SAR i was looking for a template letter and the correct address at barclaycard to send it also wasnt sure i would have time for a response from barclays also would the one request cover all accounts with barclaycard

A SAR to Barclaycard would cover all data held on you so it should cover both credit card accounts.

You can start the process online > https://www.apply.barclays.co.uk/for...execution=e1s1

Di

[jobe1972]

Re: claim from howard cohen and co

thankyou i didnt know you could do that online there was a template letter i was told to use but doing that online was much easier and faster

[jobe1972]

Re: claim from howard cohen and co

well been a month or so robinsonway sent me a reconstituted agreement i scanned it to pdf another forum said there were faults with it but not sure if thats correct... agreement was of course unsigned 2010 version from what i was told ..my priginal agreement would of been around 2002.. heard nothing from the cpr 13 request i put in nor have a heard anything from barclays of the SAR i would of thought they would of contacted me because of the £10 fee but they havent..

also have a mediation appointment for the 12 june via phone..

from my understanding if the agreement isnt good enough thats them dead in the water but i am not sure if it is i have no idea what makes an agreement invalid

anyway hello all and ramble over

[jobe1972]

Re: claim from howard cohen and co

will the reconstituted copy hold water in court? anything i need to know or look for to see if its invalided because if it will work for them even though had nothing else no proof of default letter or anything else a cpr 13 request should of been given then not sure what my options are

[jobe1972]

Re: claim from howard cohen and co

received a parcel with my SAR stuff in today

[warwick65]

Re: claim from howard cohen and co

Hi
You have said several time that another forum has told you the recon is not good enough but it really is difficult to say without seeing it.

You have mentioned a cpr 13 request several time, do you mean a cpr 31.14 request for inspection of documents?

To be honest if the only thing you are fighting with is compliance to your S78 request you might have a problem. I a case I know of, Santander v Mayhew ( [MENTION=87380]Diana M[/MENTION] is Diana Mayhew) although she won, the S78 request was accepted by the court.

For a claim of that amount you really need to be looking at all the options,
How did you sign it and were the terms and conditions attached at the time?
You say the interest rates are different - can you prove this i.e do you have statements from Barclay card , if these haven't been included in your SAR you may want to write back saying you required everything

The default notice, have a look through the SAR to see when it was sent and does it match what the claimant says. Agaian these are all points you can raise in your witness statement

The assignment, they need to prove the assignment is legal and they have the right to take action.

I wish it was as simple as a cca request when challenging a court claim but it is not, more than one way to skin a cat.

Finally you have mediation on 12th , just because you have not got all the documents does not mean you can not go ahead , for example you may want to make a silly offer based on their completely woeful case , and when I say silly i mean 5 or 10% . It is confidential and not an admission and of course you would only be doing it because you are an honourable man and want this to go away

[jobe1972]

Re: claim from howard cohen and co

HI i can upload the pdf of the cca they sent me as i put into pdf format incase someone wanted to look it over and yes i sent a cpr request off to the lawyers which they didnt respond too
i already looked at my options i have zero income have done since 2011 when i lost my job my wife works and i am not entitled because of that to claim anything..

i have alot of statements from 3 different accounts problem i have is the the account number changed over the years as cards were renewed so not sure what number belongs to which account . did find a few statements from 2007 which show a interest rate of 1.019% for the account in question

regarding my options its win or bankrupcy i dont want too but wont have a choice i only have two defaulted accounts to my name and its the two barclaycards even if i made a nominal payment on each every month i would be dead long before they was paid off .. i intended to offer them 10% of the original debt not the inflated one they are claiming now.. would be around £690 as a one and only payment to clear the debt ..but they seem greedy and i dont know if they gain anything better through me declared bankrupt.. if not any payment would be better then none

[charitynjw]

Re: claim from howard cohen and co

i can upload the pdf

OK
http://legalbeagles.info/forums/show...details-safe!)

or

I can be emailed if you need my help loading pictures/documents to your thread. My email address is

kati@legalbeagles.info

But please include a link to your thread so I know who you are.

[jobe1972]

Re: claim from howard cohen and co

if i did it correctly pdf should be attached it was edited and any blurry sheets is how they are when they came

[charitynjw]

Re: claim from howard cohen and co

2 Legibility of notices and copy documents and wording of prescribed Forms
(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the [background medium upon which the information is displayed].

http://www.johnpughschambers.co.uk/C...tions_1983.pdf

[jobe1972]

Re: claim from howard cohen and co

HI i am assuming what they sent me fails because part of it isnt readable? is that good enough for a judge?

http://www.johnpughschambers.co.uk/C...tions_1983.pdf