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

[charitynjw]

Re: claim from howard cohen and co

It is certainly an arguable defence, but it is better to have as many points as possible.

[jobe1972]

Re: claim from howard cohen and co

as the interest rates are different is that of any use? on another forum they mentioned the reconstituted agreement seems to be from 2010 does that make any difference? as the original would of been 2002 ish

[charitynjw]

Re: claim from howard cohen and co

Yes.
The reconstituted agreement must be accurate.
If not, it fails as it is non compliant.

Also, if the original agreement is dated from 2002, the original CCA 1974 applies, particularly s127.3.

[warwick65]

Re: claim from howard cohen and co

Hi
I cant read the original very well although the defaulted terms are quite clear.

Do you remember signing anything ? probably not but worth asking.

If needed to could you tell the story of how you came to apply and if you signed anything . Then if you signed anything did it have all those terms there?

On the blurred version is there any ,mention of default charges - if there is I wonder what they are

[jobe1972]

Re: claim from howard cohen and co

which means what sorry i have no idea what i am doing and following blindly all the info i can gleam... from my understanding an agreement prior to april 2007 still needs to be signed to be enforced but there was some court case which through all that into doubt now this card was opened according to the S.A.R in april 2002 its a bit hard to follow as the card number changed upon being renewed several time over the years

[warwick65]

Re: claim from howard cohen and co

I know it is difficult to follow that's why we all try to muddle through the best we can.

The case you are referring to was Arrow Global v Frost which put to bed the idea that the creditor had to have the actual signed agreement for pre 2007 agreements.

What needs to be shown is that the agreement that contained all the presectribed terms was signed by the applicant so maybe you filled in an application form at a shopping centre or it was a a mail drop application form that you sent off and lo and behold a card appeared. Then it would help if you could say I know it was this because .....

I know 15 years ago is a long time to remember but at the moment you have a blurred recon with no signature.

You have said the interest rate is different- how do you know, do you have the statements or has the SAR shown the statements . These are the sort of questions that may make a difference in you persuading a judge this is not the agreement you signed.

Again, the Sar should show you when the account was assigned and when it was defaulted- do these agree with what the claimant is saying - they must but you want them to state in court, or at least in a witness statement their position so you can say well according to the original creditor it was sold on xxxxxx not xxxxxx , how can this be?

Sorry I am sat on a station platform on my iPad trying to give answers and it is not so easy

[jobe1972]

Re: claim from howard cohen and co

Hi i cant remember its been so long i cant remember signing anything but i most likely did as i wouldnt of applied any other way other then postal...
i remember having a very low interest rate i remember it because they jumped it up quite a bit a few years later and i wasnt happy after having such a good rate before ..

looking at the info i have been sent i renewed the card 4 times so the number changed each time will take me some time to put it all in order
on the blurred version it says £15 for late fees and over credit limit and bounced direct debits

Hi
I cant read the original very well although the defaulted terms are quite clear.

Do you remember signing anything ? probably not but worth asking.

If needed to could you tell the story of how you came to apply and if you signed anything . Then if you signed anything did it have all those terms there?

On the blurred version is there any ,mention of default charges - if there is I wonder what they are

[jobe1972]

Re: claim from howard cohen and co

the sars shows a interest rate of xxxxxxxx% so that would be around xxxxxxxx % there standard intesrest rate at the time was xxxxxxxx% i got offered a better deal at the time it would of been a postal application as i didnt have a job and credit was credit in any form as money would of been tight and yes shouldnt take credit when you are on a low income but you do when you need too..

would the sars show what barclays sold the debt for ? if i knew what the dca bought for might help during the mediation in 2 weeks time..

[charitynjw]

Re: claim from howard cohen and co

Sorry I am sat on a station platform on my iPad trying to give answers and it is not so easy

Suitcase & guitar in hand?

[warwick65]

Re: claim from howard cohen and co

In you SAR request what did you ask for- was it everything?

Have they sent you statements

If you did ask for more than they sent I would write back asking for everything they hold , in whatever form and whatever format - that should bring you statements

But if the SAR shows an interest rate of xxxx ( could you remove the actual rates just in case forums have ears and the enemy see it and reconstitute another agreement) I think you have a good case. You need to let them put before the court that it is a reconstituted copy of what you would have signed and then you can say oh no it isn't BECAUSE....but let them sign their statement of truth WS first.
[MENTION=49370]Kati[/MENTION] if Jobe can't edit the interest rates out of post 38 could you

[jobe1972]

Re: claim from howard cohen and co

I filled in the online form for that sar if i remember rightly i asked for everything they hold under the name and address at the time i told them i had several accounts... i have must be a couple hundred scanned statements sent... but alot show a 0 balance this was before the account defaulted it and are dated after i think that card was no longer valid ie a new one had to be sent out so they changed the number so i dont think they was valid statements as no transaction list ...havent seen a default notice yet but i havent had a chance to go through it yet just skimmed ...

[warwick65]

Re: claim from howard cohen and co

The DN will probably not be in the letters but there should be an entry in the log saying when it was sent etc.

Its good that you have those with a different interest rate

[jobe1972]

Re: claim from howard cohen and co

mediaction happened today they wanted a min of £4k even offered it at £5 a month only take 75 years to pay off

[Amethyst]

Re: claim from howard cohen and co

Did you decline?

[jobe1972]

Re: claim from howard cohen and co

Did you decline?

yes i declined i dont fancy spending the next 75 years paying them a fiver a month