Howard Cohen & Co. Solicitors/Robinson Way

[Bob13]

Hi… I have received a Letter of Claim from Howard Cohen & Co. Solicitors regarding Ex. Nationwide Credit Card which has been sold many times over the years. The last debt collector was Robinson Way. They have been sending mail to me for the last several months. This letter states that Robinson Way purchased the debt and was legally assigned on 4/4/16 and is acting for Hoist Portfolio Holding 2 Limited, apparently the Notice of Assignment was provided to me which I have no recollection. I have had no correspondence/conversation of any kind with Robinson Way or with any other debt collectors. Howard Cohen has given me until February 8, 2018 to respond to the letter or they will instruct the County court to issue Claim for the balance of the card.

The las,t very sporadic payment on the card was made in early 2014, so six years have not passed yet. I am sure default date on this card goes far back.

I would appreciate if you could advise what would be the right thing to do for me. Shall I CCA to Robinson Way or to Howard Johnson? I know I did ask for a CCA in September 2011 regarding the same Nationwide card from Fredrick International/ Bryan Carter Solicitors not sure what the outcome was. I think I was sent a copy of the credit card application but not the original consumer credit card application and also the time had elapsed.

Please advice and many thanks in advance.

Bob13

[jaguarsuk]

Hi Bob

As Robinson Way are collecting write to them and ask for a copy of the CCA.

Once they respond come back to let us know what you got.

[Diana M]

I have received a Letter of Claim from Howard Cohen & Co. Solicitors regarding Ex. Nationwide Credit Card which has been sold many times over the years. The last debt collector was Robinson Way. They have been sending mail to me for the last several months. This letter states that Robinson Way purchased the debt and was legally assigned on 4/4/16 and is acting for Hoist Portfolio Holding 2 Limited, apparently the Notice of Assignment was provided to me which I have no recollection. I have had no correspondence/conversation of any kind with Robinson Way or with any other debt collectors. Howard Cohen has given me until February 8, 2018 to respond to the letter or they will instruct the County court to issue Claim for the balance of the card.

I would appreciate if you could advise what would be the right thing to do for me. Shall I CCA to Robinson Way or to Howard Johnson? I know I did ask for a CCA in September 2011 regarding the same Nationwide card from Fredrick International/ Bryan Carter Solicitors not sure what the outcome was. I think I was sent a copy of the credit card application but not the original consumer credit card application and also the time had elapsed.

You have received a Letter Before Claim from Howard Cohen solicitors which you say requires a response by 8th February.

You need to deal direct with Howard Cohen solicitors at this point not Robinson Way which is the Debt Collection Agency for Hoist who own the debt (apparently). The LBC is part of Pre Action Protocol.

If you've sent a CCA Request to the original creditor (Nationwide) and it's not been complied with then I would normally say nothing is gained by sending another. However without knowing what you were sent in 2011 (do you have the documents and a copy of your original CCA Request?) it's hard to assess the situation.

When a debt is sold the debt purchaser doesn't necessarily have access to all the documents and/or information held by the original creditor - that can depend on the conditions in the Deeds. This means you may get something completely different sent to you this time (i.e. seven years later) - or even nothing at all

I would send a s 77-79 CCA Request to Howard Cohen solicitors together with the £1 statutory fee. Send it Royal Mail 1st Class Recorded Delivery. If they can't comply with your request within the time-frame allowed then the debt becomes unenforceable in court until or unless they (their client) does comply.

Also send a Subject Access Request to Nationwide to get the full history of this debt. This will be invaluable when it comes to seeing whether information given to you and/or any documents produced by Hoist or Howard Cohen solicitors are 'honest and accurate' especially if they are reconstituted documents.

Then you will need to decide how to complete the LBC Reply Form and which documents you need to ask them to produce. Box D allows you to 'dispute' the debt and then go to Section 4 Box I to list the paperwork you want to see.

If you say you've had no exchange of correspondence with Hoist or Robinson Way in the past then this would be the first time they'll be made aware that their could be legal issues if they go ahead with a claim.

Don't wait until you hear back from anyone because the LBC only prevents them from issuing a claim before the 30 days expire. Your deadline is 8th February regardless of any lack of communication or response from them.

How much is this debt and when did you open the account?

Di

[Bob13]

Hi Jaguar and Di, Thank you for your reply. I have got a reply from Robinson Way after I had sent the CCA request to RW. They are saying that following my request they have asked for a copy of the agreement/statement but does not mention to who, I assume from Nationwide. They also mention that they have put the account on hold temporarily and will contact me when they receive the documentation. So, at this point I will wait to hear from them. Kind regards Bob13

[Diana M]

I have got a reply from Robinson Way after I had sent the CCA request to RW.

Does this mean you didn’t respond to the Letter Before Claim which you received from Howard Cohen solicitors?

Or did you send the CCA Request to the firm and they passed it to Robinson Way who have sent you a response letter?

Di

[Bob13]

Hi Di... Thanks for getting back. I sent the CCA request to Robinson Way after the letter I received Letter of Claim from Howard Cohen and letter does mention to submit proposal or contact their client's agent (RW). Also while my letter was on it's way I got a settlement offer from Howard Cohen, considerably low (four times less than the actual debt). Then I got this reply from Robinson Way.
BTW in 2011 when Bryan Carter Solicitors sent a letter regarding the same debt on behalf of their client Fredrikson Int. Ltd., I requested a CCA from BCS Sept 2011 and I remember sending a Acct in Dispute letter to Fredrikson (they had sent me the copy of the credit card application) on October 2011. Nothing really happened after that. This debt has been going around for all these years, I guess.

[Diana M]

Hi Di... Thanks for getting back. I sent the CCA request to Robinson Way after the letter I received Letter of Claim from Howard Cohen . . . .

BTW in 2011 when Bryan Carter Solicitors sent a letter regarding the same debt on behalf of their client Fredrikson Int. Ltd., I requested a CCA from BCS Sept 2011 and I remember sending a Acct in Dispute letter to Fredrikson (they had sent me the copy of the credit card application) on October 2011. Nothing really happened after that.

You have received a Letter Before Claim from Howard Cohen solicitors with a deadline of 8th February to respond. Today is the deadline.

My suggestion (post # 3) was to reply to the LBC by ticking Box D (dispute the debt) and seek documents, and at the same time send them (Howard Cohen) a copy of the CCA Request which should be sent to the debt owner which is Hoist. Or send it direct to Howard Cohen who is instructed by Hoist.

You've sent your CCA Request Robinson Way (the Debt Collector for Hoist) but that doesn't necessarily mean that Howard Cohen (instructed solicitors) know about it.

From what you say you may already have a CCA Request which has not been fully complied with since October 2011. You say that you raised a dispute with the solicitors managing the debt at the time.

So perhaps my suggestion to respond the the LBC ticking Box D (debt is disputed) makes sense? It's your decision obviously.

Di

[Bob13]

Hi Di... Ok, I see what you are saying. I have the paperwork in front of me now. Firstly, my mistake. Looking at it closely the LBC, the reply form the date is 18th February and not 8th February. so, yes i will tick the Box D as you suggested. And on section 4 Box I what sort of papers and copies of documents do I need. I know Robinson Way requested for the documentation, so I will wait for their mail.What else shall I write on Box I (there are some examples on the bottom of Box I). Thank you I am glad that I read the letters properly and your messages. You mention about Subject access Request from Nationnwide, is there a letter I can access for this? I will send these forms to Howard Cohen on Monday. i am also wondering if Howard Cohen have all the proper documents to back up why would they send a settlement offer. Cheers

[Diana M]

Hi Di... Ok, I see what you are saying. I have the paperwork in front of me now. Firstly, my mistake. Looking at it closely the LBC, the reply form the date is 18th February and not 8th February. . . .

Thank you I am glad that I read the letters properly and your messages. You mention about Subject access Request from Nationnwide, is there a letter I can access for this? I will send these forms to Howard Cohen on Monday.

I'm glad you read them too because now you know you have got until 18th February to deal with the LBC (although it would be wise to send it back sooner) when today had flagged up as the deadline.

Someone on this forum can link you to a SAR template letter.

Di

[Bob13]

Many thanks Di.
Cheers

[Diana M]

As Robinson Way are collecting write to them and ask for a copy of the CCA.

The CCA Request should be sent to the owner of the debt (Hoist) not the debt collector (Robinson Way).

In this instance the owner has instructed solicitors (Howard Cohen) to issue court proceedings subject to Pre Action Protocol and a Letter Before Claim has been sent with a response deadline to meet to avoid a claim being served on them.

My suggestion was to send the CCA Request to Howard Cohen and reply to the LBC by the date stated in the letter.

The OP will now do the latter and send a copy of the former (CCA Request sent to Robinson Way) at the same time before the deadline. They will also note on the LBC reply that there is an existing dispute since a pervious CCA Request from 2011 appears to not have been complied with.

Di

[Bob13]

Hi Di... I have replied to LBC today to Howard Cohen and ticked the relevant boxes and sent it by 1st. class mail. Also, sent a SAR to Nationwide regarding that particular credit card with the £10 postal order sent signed for. So, you are suggesting I also send CCaAto Howard Cohen? How would they know that a previous CCA Request from 2011 have not been complied with?

[Diana M]

So, you are suggesting I also send CCaAto Howard Cohen? How would they know that a previous CCA Request from 2011 have not been complied with?

No just send Howard Cohen a copy of the CCA Request you sent to Robinson Way and I would also send a copy of Robinson Way's response letter to you which says they haven't got the credit agreement in their possession and will be seeking it from the original creditor.

No need to refer to the 2011 CCA Request in case it encourages them to go back through files to find it and then send you the same documents (if you follow my logic). You say you challenged them at the time but without knowing what was sent I don't know if they were flawed or whether any perceived flaw could be remedied.

Robinson Way have told you that the account is on hold. Long may that last.

Di

[Bob13]

Ok, thanks of clearing.

[randomhuman]

Hello, any update on that? Got the same situation.
Thank you.