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Help! Letter of Claim - Cohen/Hoist

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  • #16
    pt2537 Thank you. Should I ask for these documents on the claim form and send to Howard Cohen & Co?

    Is there any advantage to taking my time to reply - as late as possible?!

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    • #17
      Iíve found some old paperwork relating to this Lloyds overdraft. Iíve found a letter from SCM Solicitors dated Jan 2012 which calls for full payment of the overdraft. Followed by letters from MHA collections shortly after requesting full payment. This was passed on many times to many DCAís and I was threatened with legal proceedings and offered a 50% discount to pay it off!

      I paid my last payment on this account under a DMP in June 2011 but Hoist have registered a default date of Oct 2012. I believe the default date should be when the full overdraft amount was called in by Lloydís (Jan 2012 at the latest). This would mean that the debt was statute barred when they issued a PAP claim form (May 2018).

      I am going to return the claim form asking for Default notice, statement of account, transactions, charges, interest, limitation notice, the agreement they refer to in their letter (supposedly signed in 2001).

      I did originally write on the PAP form that I was seeking a CCA from Hoist but I understand this doesnít apply to overdrafts so Iím not sure if to cross that out or to keep it on the form & send the request anyway. I am planning on just sending the form back handwritten with no cover letter or financial statement.

      The paperwork I found offering me huge discounts & threatening action before but not following through has given me confidence that the DCA are trying to call my bluff but Iíd like some reassurance please that my plan is sound!
      Amethyst any further advice please now I have found paperwork? Thanks!

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      • #18
        Originally posted by Debtpickle View Post
        Iíve found some old paperwork relating to this Lloyds overdraft. Iíve found a letter from SCM Solicitors dated Jan 2012 which calls for full payment of the overdraft. Followed by letters from MHA collections shortly after requesting full payment. This was passed on many times to many DCAís and I was threatened with legal proceedings and offered a 50% discount to pay it off!

        I paid my last payment on this account under a DMP in June 2011 but Hoist have registered a default date of Oct 2012. I believe the default date should be when the full overdraft amount was called in by Lloydís (Jan 2012 at the latest). This would mean that the debt was statute barred when they issued a PAP claim form (May 2018).

        I am going to return the claim form asking for Default notice, statement of account, transactions, charges, interest, limitation notice, the agreement they refer to in their letter (supposedly signed in 2001).

        I did originally write on the PAP form that I was seeking a CCA from Hoist but I understand this doesnít apply to overdrafts so Iím not sure if to cross that out or to keep it on the form & send the request anyway. I am planning on just sending the form back handwritten with no cover letter or financial statement.

        The paperwork I found offering me huge discounts & threatening action before but not following through has given me confidence that the DCA are trying to call my bluff but Iíd like some reassurance please that my plan is sound!
        Amethyst any further advice please now I have found paperwork? Thanks!
        Tick Box D and in Box I ask for the documents.

        Also send a Subject Access Request Letter on Friday (it becomes free to do and has a reduced time to reply of one month from then) to Lloyds asking for the documents, a full history of the account and any other information they hold of you.

        If they produce a default notice of an earlier date (Nov or Dec 2012) then you will be able to show the Cause of Action was Jan 2012 and the debt being Statute Barred.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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        • #19
          Amethyst Thank you for your advice. With regards to the SAR request on Lloyds Iím a little concerned as I also have a defaulted loan with Lloyds for about £6,000 which has gone quiet for many years, although I believe it isnít yet statute barred. In you opinion, would it be worth taking the risk of requesting the SAR and getting back on Lloyds radar regarding the loan for a much higher amount etc?

          Iím not sure how serious this PAP claim letter is or if Hoist are just chancing their arm so Iím just trying to weigh up the risks of just sending the form requesting documents or also sending the SAR to Lloyds. Hoist offered to clear the overdraft debt for 50% many years ago, so weíre not talking huge amounts of money (£1000) the loan on the other hand would be problematic!

          Thank you for your help.

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          • #20
            Do you know if that defaulted loan is still with Lloyds or if they have sold it on?
            Any idea when it defaulted?
            It's not included in any of your token payments etc ? ( if it is it wouldn't go SB anyway )

            If it's sold on then it's unlikely your SAR would do anything, but if they have it in house still it could do so you are right to be wary. For now I'd get the PAP form back asking for the documents you need for the Hoist case, and see where that goes. After Friday a SAR will be free and be quicker too so you can always put in later for it if needed.
            ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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            • #21
              Amethyst Thank you for your help.

              The loan defaulted in March 2011 and was passed on to BLS collections in June 2011 and then Moorcroft in Jan 2012. However, unfortunately I forgot about a standing order for a £1 token payment for this loan Iíd been paying to Moorcroft until August 2015, so in that case it wouldnít be statute barred.

              I think iíll get the form off as you suggest and then think about the SAR request later.

              Thank you.

              Comment


              • #22
                Hi Debt Pickle - What outcome did this issue with Hoist reach, could you advise please? Im in a similar position with Hoist - Many thanks

                Comment

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