• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Letter of Claim received from Howard & Cohen (30 days almost up)

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Letter of Claim received from Howard & Cohen (30 days almost up)

    Hi all,

    I received a Letter of Claim from Restons Solicitors, acting for Hoist Finance UK Holdings Limited (see attached).

    This relates to a Barclaycard debt of around £4700, which is recorded as defaulting in September 2015.

    As with my other debts (not currently chasing), the debt happened due to some difficult personal circumstances, and I of course regret the action I took at the time.

    That said, it looks like this company are planning to make a claim in court, and with the letter being dated 20th April, I really need to send them a respond today or tomorrow by recorded post, to ensure that I am within the 30 day deadline, as far as I understand things from what I have read here. The letter asks me to pay within 30 days, and also includes a reply and income and expenditure form.

    The agreement with Barclaycard was originally taken out on 3rd June 2010.

    I would appreciate any advice on how I should respond to this letter. I'm aware that I have very limited time to respond.

    I unfortunately don't have the means to clear the balance.

    Many thanks.

    Click image for larger version  Name:	cohen1.jpg Views:	4 Size:	97.2 KB ID:	1466090
    Tags: None

  • #2
    Can anyone please help here? I don't want to miss the 30 day deadline.

    Comment


    • #3
      warwick65 Amethyst Diana M

      Comment


      • #4
        Hi there

        You need to reply to the letter, that is clearly important and can have cost consequences if you dont.

        Now i would suggest you reply to the letter requesting documents from them to assist you in understanding their case. there should be a reply form which will allow you to request docs

        So id ask for

        1) Credit Agreement
        2) Statement of account showing how the sums claimed accrued
        3) Default notice
        4) Any notice of sums in arrears or default sums

        You could ask for the assignment and notice of assignment too.

        Now then along side that, id make a section 78(1) CCA 1974 request for the agreement, this should be separate to the reply to the letter of claim. The CCA request needs to go to hoist and enclose a statutory fee of £1.00

        Thats how i would play things at the moment

        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          thanks PT2537.

          I have done exactly that.

          I wonder if sending a SAR to Barclaycard could also be helpful in the longer term?

          Comment


          • #6
            Originally posted by TIM50 View Post
            thanks PT2537.

            I have done exactly that.

            I wonder if sending a SAR to Barclaycard could also be helpful in the longer term?
            Yes, its worth doing, just to see what personal data they are holding
            I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse
            1 of 2 < >

            SHORTCUTS

            Pre-Action Letters
            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Witness Statements
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
            2 of 2 < >

            Need Formal Help?




            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            See more
            See less

            Court Claim ?

            Guides and Letters



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Loading...
            Working...
            X