Letter of Claim Howard Cohen and Co advice please

[blueboo]

Hi
I have received a letter of claim with the pre actions documents which I am going to send back asking for more information but Im not sure about signing it as everything I have read previously seems to say you shouldn't let them have your signature. Should I worry about this but it says i need to sign and date it not sure what to do any help would be great thank you

[R0b]

Hi Blueboo,

It would be helpful if you could post up the letter of claim so we can see the contents of it - please make sure to redact any personal information when you upload it.

I don't think you need to sign the letter just simply print your name as that should be sufficient. If you click on the link below in my signature it will take you to my list of templates and under 4b under the "Letter Before Action" section is a response template letter that might be of use to you.

Also, it would be helpful to have some background to your case if we are going to be able to assist you. I would suggest you also fill out and complete the below template information in as much detail as possible.

Total Amount Claimed:
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Details:

[blueboo]

Cant upload at the minute but its one of the letters before claim that comes with all the bits asking you to tick the box if you admit etc etc I plan to tick box D and as them for more information unfortunately dont have much time to do it as it was posted to my neighbour (the letter is not wrong address just mail man delivered wrongly) and my neighbour just got back off holiday today the letter is dated 11th July and the forms say they need to be returned by the 12 August

Total Amount Claimed:3442.19
Claimant’s Name:Hoist Portfolio holding 2
Solicitors Firm: Howard Cohen and co
Original Creditor:Tesco
Original Debt (eg. Credit card/Loan/Overdraft) :credit card
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no I believe it would be statue barred in nov
List any letters you have sent (eg: CCA/ CPR ) none
Any Other Information or Background Details: the letter of claim states the follow

Details of Debt
This debt originates from a written agreement dated 05/04/05 between the original creditor detailed above and you. The agreement was subsequently terminated when its terms were not complied with.
Our client later purchased this account and it was legally assigned on 19/01/16. The Notice of Assignment has previously been provided to you.

[R0b]

Well I am tagging Amethyst to get her thoughts on this but if you think the debt is likely to be statute barred in November then you might be able to string this out. I'm not sure if you have checked the template I suggested but here is the link (click here).

You'll see that the Pre-Action Protocols say that debtors should be afforded an additional 30 days to respond following the receipt of documents (I mentioned this in the letter near the end). That should in theory take you somewhere into October assuming they are relatively slow at getting back to you. At this point and before the deadline for a response you could then make a formal CCA request which means they must comply within 12 working days of receipt - this is of course assuming that they are unable to provide you with a copy of the agreement as per your request.

That should then take you over the November mark and thus be statute barred. Of course this is a theoretical tactic and it may be that Hoist decide to issue proceedings earlier and in which case this tactic falls by the wayside although you can still make the CCA request anyway.

[Amethyst]

Howdy

I'm always a bit suspicious you're closer to stat barred than you think when the claim doesn't say WHEN the debt defaulted or was terminated. Does this still show on your credit file at all? Any idea at all when it defaulted or your last payment was ? Any issues with the original card debt which contributed to you defaulting ? ( card protection insurance, excessive charges, interest rate hike, PPI etc )

This is a Tesco credit card, taken out in 2005 - so likely on paper ( from one of those leaflets you pick up in stores possibly ) so the CCA request could be difficult for them to comply with.

I agree with R0b on using the debt preaction protocols to your advantage as much as possible - careful not to acknowledge the actual debt but ask them to provide more information ( default notice, agreement, transactions, assignment etc ) so you can consider their claims. His template example is good.

Once you've dealt with the form you should also send a CCA request directly to Hoist. I don't see an advantage waiting until they respond to your letter before action response to be honest, it has to go to Hoist rather than Howard Cohen in any case - of course you can inform Howard Cohen later that Hoist are in default of your CCA request which might hold things up more ( send it recorded post so you have evidence).

I would also send off a Subject Access Request to Tesco which may bring up other issues you could use in your defence later. Sending it now gives you plenty of time to get a response and look into things before having to deal with a court claim.

And don't worry about signing the letters. If they did copy your signature it would be downright fraud - and contrary to some opinions - they really don't do that with small stuff like this. If you have worries, do an extra squiggle so you'll know.



Letter examples


CCA Request
Subject Access Request Letter

[blueboo]

Hi thanks for you replies so I have been digging out my old files I was pretty good at keeping paperwork so have worked out the last payment made was actually in feb 2013 this was through a self managed dmp. Havent checked my credit file but I did find my default notice which was 19/12/2011 and that has made interesting reading because some of the it is untrue. It stated the following in the description of the breach
You have breached the Agreement by exceeding the credit limit and by failing to make payments as and when due as shown below:
your credit limit is £3500.00
Your Balance is £3463.71
Arrears on the account are £200.00

I have the statements from the time also and the one dated 14/12/2011 states the balance to be £3463.71
Statement dated 14/01/2012 states previous balance 3463.71
09 Jan late payment fee £12.00
13 Jan interest £41.75
13 Jan interest £3.73
new balance £3521.19

So I didnt go over my credit limit until 13 JAN 2012 when the interest was added
I also have the Account Termination letter dated 9/1/2012 and it states the account balance £3475.71

I will get the above letters done tomorrow and send them monday

[blueboo]

A little update and question have sent off the letter kindly given by Rob along with claim forms filled in yesterday (1st class recorded) Im going to get a postal order to send with the CCA request and ive done the SAR request letter but do I need to include a £10 fee with that?
I will get them sent off tomorrow.
thanks for all the advice

[R0b]

SAR's are now free under the Data Protection Act 2018 / GDPR.

[blueboo]

thank you