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

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  • 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

  • pt2537
    replied
    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

    Leave a comment:


  • TIM50
    replied
    thanks PT2537.

    I have done exactly that.

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

    Leave a comment:


  • pt2537
    replied
    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

    Leave a comment:


  • TIM50
    replied
    warwick65 Amethyst Diana M

    Leave a comment:


  • TIM50
    replied
    Can anyone please help here? I don't want to miss the 30 day deadline.

    Leave a comment:

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