Howard Cohen Letter of claim

[dulcer]

Hi

I'm really worried I received a letter of claim today from Howard Cohen Soilcitors, the debt is a Barclaycard one from when I was supper silly, I really believe the debt is statue barred, but I really don't know on how to respond to the letter of claim, . should I request a cca or is that too late please if someone is out there id love some advice please

Thank you

[Diana M]

Re: Howard Cohen Letter of claim

I received a letter of claim today from Howard Cohen Soilcitors, the debt is a Barclaycard one from when I was supper silly, I really believe the debt is statue barred, but I really don't know on how to respond to the letter of claim, . should I request a cca or is that too late

Yes, send a s 77-79 CCA Request to Hoist with a copy to Howard Cohen (at least I assume the debt owner is Hoist).

Then post a bit of background to the debt such as when did you open the account and how much are they chasing.

Was there PPI?

You have 30 days to reply to the Letter Before Claim so take some time to analyse the situation first.

Di

[dulcer]

Re: Howard Cohen Letter of claim

thank you Di,

the debt is from Barclaycard it was from 2011, I did make a claim on the ppi, but Barclaycard had already sold the debt on, I really was upo against it financially, the account is from 10.05.01 so I should send the cca request bof soon as

[Diana M]

Re: Howard Cohen Letter of claim

Definitely send the CCA Request asap then if they don't comply within the statutory timeframe allowed the debt would become unenforceable in court unless or until they do.

This could mean that when you do reply to the Letter Before Claim you may be in a position to tick the box which says you dispute the debt.

You also think the debt may be statute barred so when do you believe you made your last payment and when did you receive a Default Notice (if you did)?

I wouldn't tell them it's SB at this stage until you are 100% certain it is otherwise they may immediately issue a claim to beat the SB clock if it's imminent. Do your homework first.

Send a Subject Access Request to Barclaycard to get the full history of the debt so you're one step ahead of them.

How much are they chasing you for? And was it a Barclaycard from the outset or could it have been something else such as Egg or Morgan Stanley Dean Witter etc?

Di

[Diana M]

Re: Howard Cohen Letter of claim

the debt is from Barclaycard it was from 2011, I did make a claim on the ppi, but Barclaycard had already sold the debt on, I really was upo against it financially, the account is from 10.05.01

Can you just clarify if the account was opened in 2001 or 2011.

Di

[dulcer]

Re: Howard Cohen Letter of claim

HI Di

Thank you so much for your replies, the original card was morgan Stanley which then became Barclaycard, default was issued around 2008 2009, I began to pay £5 pm but stopped paying around 2011 as I was going through the mincer, so ill send the cca request tmw, but what shall I do with the letter of claim, I have 30 days to reply. the amount is 6,870. shall I wait for the company to reply to mine,

Kindest regards

Dale

[dulcer]

Re: Howard Cohen Letter of claim

hi
the account was opened in 2001

[Diana M]

Re: Howard Cohen Letter of claim

HI Di
Thank you so much for your replies, the original card was morgan Stanley which then became Barclaycard, default was issued around 2008 2009, I began to pay £5 pm but stopped paying around 2011 as I was going through the mincer, so ill send the cca request tmw, but what shall I do with the letter of claim, I have 30 days to reply. the amount is 6,870. shall I wait for the company to reply to mine,

One step at a time.

As I said you need to establish whether you have a dispute first. Send the CCA Request and make a note in your diary of when the 30 days expires.

A Letter Before Claim is an obligation on the creditor to do certain things before they can issue a claim. You need to be careful how you handle the response (if any) because some solicitors may use it as a fishing exercise to get information from you which can be used to support any future claim.

For example don't tell them this was a Morgan Stanley Dean Witter account before it was Barclaycard because I doubt they know that

Is there any way you can check when you made that last payment in 2011? Maybe you still have the same bank account where the payments came from. The SAR should confirm that anyway.

If the Statute Barred date is touch and go then they may issue a claim regardless because the new Pre Action Protocol (30 day letter) doesn't prevent them from doing that.

Di

[dulcer]

Re: Howard Cohen Letter of claim

Hi Di,

Thank you again for your swift response, I will be sending letters to Cohen solicitors, robinson way and hoist holdings, I will also request the SAR from barclaycard, which was originally morgan stanley (2001). I have asked barclaycard for my cca, what else should I ask for, and also I will be checking with nat west tmw to see when I last made a payment (hopefully 6 years ago), would you recommend anything else I should do, I'll

[dulcer]

Re: Howard Cohen Letter of claim

HI Di

this is the letter I will be sending would it be ok, I promise not to bother any more (tonight)

Date: December 5^th 2017

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: [Customer contact manager]

Dear Sir,

Account/Ref No: XXXXXXX

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am are entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1.00 Postal Order, which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
* You may not issue a court summons.

You should also be aware that unless or until you provide me with the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

7.3.18: A firm must not threaten to commence court action, including an
application for a charging order or (in Scotland) an inhibition or an order
for sale, in order to pressurize a customer in default or arrears difficulties
to pay more than they can reasonably afford.

7.11.6: A firm must not suggest or state that action can or will be taken when
legally it cannot be taken.

Also, please note the following:

1.8 This guidance note, published pursuant to Section 4 of the Consumer
Credit Act 1974 ('the Act'), provides guidance to businesses in relation
to their duties (under regulated consumer credit and consumer hire
agreements) to give debtors and hirers copy documents and statements
of account on request under Sections 77(1), 78(1) and 79(1) of the
Act. The Act refers to the duty of the creditor and owner under these
sections as being one to give information and this guidance will refer to
requests made under these sections as 'information requests'.

1.9 The sanction under the Act for non-compliance with an information
request is unenforceability of the credit or hire agreement for so long as
the creditor or owner fails to comply with his duty.

3 Where there is such a failure, the courts have no discretion to allow enforcement.

I look forward to hearing from you within the allotted time scale.


Yours faithfully.

[warwick65]

Re: Howard Cohen Letter of claim

Hi

Personally I would keep it much simpler than that for now

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
I understand a copy of our credit agreement should be supplied within 12 working days.
I look forward to hearing from you.

These firms know exactly what their duties are with S78 and also know what it means if they can not comply

Is it Hoist who own the debt now?

[Diana M]

Re: Howard Cohen Letter of claim

Is it Hoist who own the debt now?

Yes, according to post # 9

Di

[dulcer]

Re: Howard Cohen Letter of claim

Hi

Personally I would keep it much simpler than that for now



These firms know exactly what their duties are with S78 and also know what it means if they can not comply

Is it Hoist who own the debt now?

Yes it is hoist portfolio

- - - Updated - - -

Yes it's hoist portfolio

[warwick65]

Re: Howard Cohen Letter of claim

Sorry missed that

[dulcer]

Re: Howard Cohen Letter of claim

Sorry missed that

Hi, just let the very kind people who have offered advice know, I'm going into bank tmw to see exactly when I stopped paying, if it is 6 years or more I will send the statue barred letter, just one last question, I have the also the cca request ready to go also, when would I need to send the letter before claim back, shall I wait the 14 days for they're reply, chances are they won't reply, so then send it saying tick the dispute it without filling any details out