Help with Howard Cohen solicitors for Hoist finance court claim

[firmino]

Hello everyone newbie here,

Looking for some help with my situation.

I'm an expat living abroad for the past 5 years and recently a relative sent me a pic of a letter of claim from Howard Cohen dated 28/01 on a debt (details below).

This letter was sent to the address I used to live at before moving abroad and came across it by chance. So i called them as I had no idea who they were and they said a court claim has now been issued,

I've never had contact with Hoist or Howard Cohen before, I'm a bit confused what I need to do. Do I issue a CCA to Hoist and Howard Cohen solicitors ?

Also in the original letter of claim the following is written:

" This debt originates from a written agreement dated 04/07/08 between the original creditor detailed above and you. The agreement was subsequently terminated when it's terms were not compiled with."

Am I right in that they are saying they have no agreement ?


Received a claim - Yes
Issue Date - 7 march 2019
Have you Acknowledged the Claim - Not yet
Total Amount Claimed - £ 4956
Claimant’s Name - Hoist Finance
Solicitors Firm - Howard Cohen
Original Creditor - Barclay Card
Default date - May 2017
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Debt was legally assigned by Hoist portfolio Holding Ltd (Ex barclaycard) to the claimant and notice has been served. Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statute barred
List any letters you have sent (eg: CCA/ CPR ): No letters sent as of yet

Would appreciate any advice.

Thanks

[Amethyst]

Did you have a Barclaycard from 2008 that defaulted in 2017 ? Seems odd for it to have defaulted in May 2017 if you have lived overseas since 2014 .... have you continued using the card or were you making payments between 2014 and 2017 ? maybe minimum payments were set up by DD ?

Anyway, yes, they do need to evidence their case, show which terms were not complied with that lead to termination / default.... how the sum claimed is made up, and comply with the CCA request. They haven't said they have no agreement I don't think so the CCA request will be important, as probably will be the SAR to Barclaycard.

First Steps

Check dates ( add 33 days to 7th March 2019 to get your final defence date )

Acknowledge Claim ( online with the court - also you'll need to inform them of your change of address or of a correspondance address for receiving documents etc )

CCA Request ( to Hoist )

CPR 31.14 Request ( to the solicitors Howard Cohen - ask for Agreement, Default Notice, Notice of Assignment and a breakdown of the alleged debt )

Subject Access Request Letter ( to Barclaycard)

[firmino]

Yes it was set up with minimum payments I never used it while abroad. About the correspondence address I live abroad so don't really have one to give or do I have to give an address even though I'm not living in the UK ?