(Urgent advice please) Howard Cohen notice of pending action

[Comrades6]

Hi guys,

Like many on here I too have received a letter from HC who are representing Robinsonway regarding a debt on a HSBC account that I held with my wife for outstanding payment of £1400 overdraft, the account has been closed for around 5 years the letter states I have 10 days to make payment to avoid a CCJ , should I send HC a request for documents to support the case against me together with a request to RW, do I need to apply CPR form or a request for ADR. I have been given nothing to support the claim other than threating letters with the client name HPH2 LTD (ex HSBC) and account number from RW and now HC. At no time have RW or HC made a request to my wife who is joint name on the account.. To add a little more information my overdraft was for £1000 HSBC made payments from our account that took us to £1400 without formally increasing the overdraft..

I received the Pending notice from HC only yesterday the 29/01/2016 but it is dated the 21/01/2016 giving me no time to seek advice as I need to respond by tomorrow to stop any action, am I right in thinking this is incorrect as per protocol action allows me 14 days to respond..


Any help and advice would be greatly appreciated.

Regards DM

[nemesis45]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hi guys,

Like many on here I too have received a letter from HC who are representing Robinsonway regarding a debt on a HSBC account that I held with my wife for outstanding payment of £1400 overdraft, the account has been closed for around 5 years the letter states I have 10 days to make payment to avoid a CCJ , should I send HC a request for documents to support the case against me together with a request to RW, do I need to apply CPR form or a request for ADR. I have been given nothing to support the claim other than threating letters with the client name HPH2 LTD (ex HSBC) and account number from RW and now HC. At no time have RW or HC made a request to my wife who is joint name on the account.. To add a little more information my overdraft was for £1000 HSBC made payments from our account that took us to £1400 without formally increasing the overdraft..

I received the Pending notice from HC only yesterday the 29/01/2016 but it is dated the 21/01/2016 giving me no time to seek advice as I need to respond by tomorrow to stop any action, am I right in thinking this is incorrect as per protocol action allows me 14 days to respond..


Any help and advice would be greatly appreciated.

Regards DM

Good morning, welcome to LB.

Hoist Portfolio 2 is RW's parent company.
I believe the 10 days is from delivery.
There 14 days to respond you are referring to related to responding to a default notice
which would be issued by the original creditor.
What you have I suspect is intended to be a "letter before action".

Do you recall a Demand for immediate repayment in full or a Final Demand?

Do you know the date the account was defaulted?

Have you checked your credit reference files recently? If not it would be worth checking Noddle it's Free Online.

By all means send HC a prove it letter. being careful always to refer to " the alleged debt."
Have you retained the envelope (s) the letters came in.

I suspect you are being chased rather than your wife as perhaps you are the 1st named person on the account.

nem

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

Good morning, welcome to LB.

Hoist Portfolio 2 is RW's parent company.
I believe the 10 days is from delivery.
There 14 days to respond you are referring to related to responding to a default notice
which would be issued by the original creditor.
What you have I suspect is intended to be a "letter before action".

Do you recall a Demand for immediate repayment in full or a Final Demand?

Do you know the date the account was defaulted?

Have you checked your credit reference files recently? If not it would be worth checking Noddle it's Free Online.

By all means send HC a prove it letter. being careful always to refer to " the alleged debt."
Have you retained the envelope (s) the letters came in.

I suspect you are being chased rather than your wife as perhaps you are the 1st named person on the account.

nem

Hi Nem,

Thanks for coming back, when you say a letter of final demand do you mean from HC or RW? My credit file has a note from them saying payment defaulted..I do have the envelopes but they are not dated so 10 days from when do I need to reply..I will need to try and ChEck what date was the original default but I have no paperwk and the account is closed.

Many thanks DM.

[nemesis45]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hi Nem,

Thanks for coming back, when you say a letter of final demand do you mean from HC or RW? My credit file has a note from them saying payment defaulted..I do have the envelopes but they are not dated so 10 days from when do I need to reply..I will need to try and ChEck what date was the original default but I have no paperwk and the account is closed.

Many thanks DM.

Hello DM the bank will have " called in" the OD with the " demand for immediate repayment of the OD in full " this is used instead of a default notice.

If the account was closed around 5 years ago it should still be on credit files so it is worth checking the details.

nem

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hi Nem,

I haven't heard from the bank since they sold the debt on in 2013.. My credit history was clean upto Nov 2015 when RW posted a default.. It funny as I have check experience and my credit file is clean and 999 but it appears on squid ax and noodle..I have had a recent letter of RW demanding settlement with a statement of earning attached but I ignored it like most.. Am I best going down the route of asking them to prove the debt or do I contact RW and try and get the debt reduced to make payment for a quick end ..?

Regards David.

[charitynjw]

Re: (Urgent advice please) Howard Cohen notice of pending action

It might be an idea to find out what this HP/RW/HC incestuous relationship is all about.

Seems they're trying to confuse/obfuscate to suit their own purposes!

[Kati]

Re: (Urgent advice please) Howard Cohen notice of pending action

It might be an idea to find out what this HP/RW/HC incestuous relationship is all about.

Seems they're trying to confuse/obfuscate to suit their own purposes!

HP seem to be regularly represented by HC - http://www.legalbeagles.org/forums/s...t=Howard+Cohen
and RW is a subsidiary of "Hoist Finance" - http://www.robinson-way.com/

Robinson Way is a subsidiary of Hoist Finance: About Hoist Finance

Hoist Finance AB (publ) (“Hoist Finance”) is a pan-European financial group active within debt purchasing and receivables management. We specialise in the purchasing and management of non- performing and performing consumer receivables. With our approximately 1 000 employees, we operate in nine European countries.

Hoist Finance is a solutions-oriented partner for both-, our clients and debtors and offer personalised and customised solutions. We draw upon our extensive experience and resources to manage receivables both on the behalf of ourselves as well as third parties.

The subsidiary to Hoist Finance, Hoist Kredit AB (publ), is licensed and regulated by the Swedish Financial Supervisory Authority. Since 2009 Hoist Finance has emerged as one of the market leaders in Sweden in the field of retail deposits through it’s on-line savings operation, HoistSpar. The HoistSpar deposit service now has more than 65,000 active accounts.

With our headquarters in Stockholm, Sweden, and a market spread in eight other European countries, Hoist Finance is a truly international group. We place great emphasis on unrivalled market intelligence, close customer relationships and an attractive working environment.

The total carrying value of acquired loans among to SEK 8.9 bn and Gross 120m ERC to SEK 15.6 bn.

:noidea:

[charitynjw]

Re: (Urgent advice please) Howard Cohen notice of pending action

But where does HC fit in, if RW has it's own legal dept?

Are they one of these new(ish) Alternative Business Structures, or do they have to have independent representation?

Would be an idea to find out (know your enemas.....sorry, enemies :tinysmile_twink_t2

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hi Nem,

I haven't heard from the bank since they sold the debt on in 2013.. My credit history was clean upto Nov 2015 when RW posted a default.. It funny as I have check experience and my credit file is clean and 999 but it appears on squid ax and noodle..I have had a recent letter of RW demanding settlement with a statement of earning attached but I ignored it like most.. Am I best going down the route of asking them to prove the debt or do I contact RW and try and get the debt reduced to make payment for a quick end ..?

Regards David.

Sorry typo error this was meant to say Experian not experience and equifax not squid ex.

[charitynjw]

Re: (Urgent advice please) Howard Cohen notice of pending action

Sorry typo error this was meant to say Experian not experience and equifax not squid ex.

Lol - Bl**dy predictive text! (squid ex.........love it!)

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hi all,

found this letter on the forum am I right in thinking I should send this off to stop any immediate action being taken if so do I send it to Cohen or Robinsoway or both..?


Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original account agreement;
2. The Default Notice;
3. The Termination Notice;
4. The Notice of Assignment;
5. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

[Amethyst]

Re: (Urgent advice please) Howard Cohen notice of pending action

That sounds good to me - that would go to Howard Cohens.

I'd also send a CCA request separately - http://www.legalbeagles.info/forums/...y-of-Agreement - that would go to the creditor ( so RobWay probably )

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

That sounds good to me - that would go to Howard Cohens.

I'd also send a CCA request separately - http://www.legalbeagles.info/forums/...y-of-Agreement - that would go to the creditor ( so RobWay probably )

Hi Amethyst,

Thanks for your reply, I only got the letter this weekend and it says I have 10 days from the date of the letter dated 21st, I guess this is their usual trick so if I send it tomorrow Recorded and it arrives Tuesday that's over the 10 days, am I still within my rights..?

Regards D.

[Amethyst]

Re: (Urgent advice please) Howard Cohen notice of pending action

You'll be fine, they aren't the greatest at sticking to their own timescales so don't be surprised if they just issue a claim anyway.

Ignore my comment about the CCA request btw - I just read the thread right back and this is for an overdraft so it wouldn't be applicable.

How old is the debt ?

I haven't heard from the bank since they sold the debt on in 2013

but it's come off your credit file... tricky as usual with an overdraft so best proceeding that it's not Statute barred.

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

You'll be fine, they aren't the greatest at sticking to their own timescales so don't be surprised if they just issue a claim anyway.

Ignore my comment about the CCA request btw - I just read the thread right back and this is for an overdraft so it wouldn't be applicable.

How old is the debt ?

but it's come off your credit file... tricky as usual with an overdraft so best proceeding that it's not Statute barred.

Hi A,

HSBC closed th account around 41/2 years ago I don't have the exact details as I have no paper work relating to th account... I don't need a ccj so even if they issue a claim can I still contest it..?