Letter of Claim from Howard Cohen and Co Solicitors

[globus]

Hi all

I desperately need your help and advice as I believe this is only beginning of my problems

I have just received a Letter of Claim dated 30.09.2020 from Cohen Howard & Co Solicitors advising that they were acting for their client, Hoist Finance UK Holding 3 LTD (ex Barclaycard) who intend to issue proceedings in County Court for an outstanding amount I have failed to pay, with the purpose of obtaining a CCJ, unless I provided them with acceptable proposals for paying them £7k+ within 30 days of their letter ( attached scan of the letter )

Received a claim - Yes
Issue Date - 30/09/2020
Have you Acknowledged the Claim - No
Total Amount Claimed - £ 7759
Claimant’s Name - Hoist Finance
Solicitors Firm - Howard Cohen
Original Creditor - Barclay Card
Default date - First areas January 2017 Default July 2017
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?): Not statute-barred. No contact with anyone about the debt
List any letters you have sent (eg: CCA/ CPR ): No letters sent as of yet
Reason for default? Was going through a difficult family situation and wasn't able to carry on paying. Wife left me with two kids wiping out our bank accounts.
Are you able to pay for it? No, I'm not. I'm a single self-employed dad and due to Coronavirus I barely can make any money at all. Right now I'm looking for 9-5 job as it doesn't look that I will be able to support my kids from my self-employment any time soon.

I had a look through other similar topic and I was hoping that someone could guide me how to sort out this matter and talk me through step by step what might happen.
I hope I have included enough details but if anything is missing please let me know and I will update this asap.

What would be the next step? Should I send CCA request with postal order to Hoist?

I really appreciate any help you can provide.

[globus]

I could only post 6 pages in the first post so here are 3 more pages of the letter

Should I fill out this form and send it back?

[kazz04]

Hi Globus,
How come no one has replied you yet.
Yes you have to fill that form & send it, or else they will take you to court.
Seek advice.

kaz

[Red H]

Let Barclays take you to court, there you get chance to explain to the Judge your poor economic situation, income & outgoings etc, and asks him to make a reasonable order for payment to be made small amounts per month, initially suggest £50 a month.

The Judge may not do so at the hearing for judgment, in which event make a new application, the CAB should help you to do this. But if you are short of funds do not pay them, if it’s a loss to your children it would be madness to do so. Every payment extends the debt, the 6 year limitation period will start from the last date of acknowledgement or payment.

After some months tell the bank you cannot pay this, make an application to the Court to reassess the payment, already by this time Barclays will be fed up and in reality will not send a solicitor to attend. Arrange to pay a lower amount. If you are on IS, it is probable that the Judge will not make an order as you have little no funds to pay. In addition it involved your 2 dependent children. After 6 years the Judgment is unenforceable so the sooner in Court the better. The court is also there to help you, but be polite, very polite.

I had a cost order made again me by the Bank of Ireland, about £7000 in value their bent solicitors avoided a subpoena for documents, (the bank had knowing handled stolen funds and offered my debtor a dodgy account and cheque booking both in a false name and where money was routed before the order for personal bankruptcy) their solicitor tried to get my endorsement on a monetary judgment, making it really onerous. Taking them back to the County Court to arrange a low periodic payment, they gave up. Never heard another peep from them.