Hoist, howard cohen and co county court business centre claim form

[Offthelip]

Firstly, thank you so much for the great advice on this forum.

I received a County Court claim yesterday from Hoist and their solicitors Howard Cohen and Co.

I have completed the acknowledgement of service online via MCOL confirming that I intend to defend all of the claim. I have completed a CCA request to send to the claimant Hoist. I am currently writing the CPR request to send to the solicitors, Howard Cohen and I am having difficulty in which documents to request. On the claim form the particulars of claim are:

The claim is for the sum of £****.** in respect of monies owing pursuant to an overdraft facility under bank account number ******/********
The debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.
The claimant claims
1. The sum of £****.**
2. Interest in pursuant to s69 of the County Court Act 1984 at a reate of 8.00percent from 19/02/2010 to the date hereof 2189 is the sum of £***.**
3. Future interest accruing at the daily rate of £ .**
4. Costs

Any help would be most appreciated.

[Reallyfedup1]

Re: Hoist, howard cohen and co county court business centre claim form

Hi Offthelip- I too, have been sent a claim form by same solicitors acting on behalf of hoist and mkdp. It appears they are doing a bulk send out for those companies.
I am trying to see if this is genuine paperwork or not ie; photocopied! And this is the last throw of the dice by sending out court papers.
How are you getting on dealing with the solicitors and claimants
Reallyfedup1

[whattodooo]

Re: Hoist, howard cohen and co county court business centre claim form

Hi Reallyfedup1, I have the same papers too. Like you, trying to find out if genuine. I will post back on here, can you do the same?

whattodooo

[nemesis45]

Re: Hoist, howard cohen and co county court business centre claim form

Firstly, thank you so much for the great advice on this forum.

I received a County Court claim yesterday from Hoist and their solicitors Howard Cohen and Co.

I have completed the acknowledgement of service online via MCOL confirming that I intend to defend all of the claim. I have completed a CCA request to send to the claimant Hoist. I am currently writing the CPR request to send to the solicitors, Howard Cohen and I am having difficulty in which documents to request. On the claim form the particulars of claim are:

The claim is for the sum of £****.** in respect of monies owing pursuant to an overdraft facility under bank account number ******/********
The debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.
The claimant claims
1. The sum of £****.**
2. Interest in pursuant to s69 of the County Court Act 1984 at a reate of 8.00percent from 19/02/2010 to the date hereof 2189 is the sum of £***.**
3. Future interest accruing at the daily rate of £ .**
4. Costs

Any help would be most appreciated.

Please be aware that Hoist specify that all documents need to be sent to Cohen Hoist is likely to either return, ignore a CCA request sent to it, there's also a chance that the fee will be allocated as a payment to the account.
Send requests to Cohen by signed for post, check delivery date and signature an print off for your records.

nem

nem

[whattodooo]

Re: Hoist, howard cohen and co county court business centre claim form

Hi nem
Have just re-read some letters from Robinson Way (debt collector) "Our client notes that no payments have been received under the County Court Judgement order for some time". So it would appear I have a CCJ against me? Surely I would know about this! Does this count as harassment?

Could you elaborate a little on your response to Offthelip, what is a CCA request (what is its purpose)

Whattodoo

[Kati]

Re: Hoist, howard cohen and co county court business centre claim form

Please be aware that Hoist specify that all documents need to be sent to Cohen Hoist is likely to either return, ignore a CCA request sent to it, there's also a chance that the fee will be allocated as a payment to the account.
Send requests to Cohen by signed for post, check delivery date and signature an print off for your records.

nem

OtL's other thread is Here Nem xx
http://legalbeagles.info/forums/show...539#post627539

[Kati]

Re: Hoist, howard cohen and co county court business centre claim form

what is a CCA request (what is its purpose)

Whattodoo

A CCA request is basically a request for the original (or a reconstruction if taken out after 2007) agreement you signed. Under the consumer credit act you are entitled to a copy.
from the link - http://legalbeagles.info/forums/show...y-of-Agreement

This is a basic request for a copy of your regulated consumer credit agreement which you are entitled to under sections 77 - 79 of the Consumer Credit Act 1974 (CCA)

These sections cover lending such as;
Fixed sum Credit (S77): Loans
Variable Sum Credit (S78): Credit Cards, Catalogues
Hire Purchase (S79): HP agreements

nb. Utilities, Telecoms, Broadband, TV, Rentals, Overdrafts and Banking Accounts are NOT covered by the CCA.

The letter should be sent to the original creditor or to the debt collection company if the debt has been assigned to them.

[Noah]

Re: Hoist, howard cohen and co county court business centre claim form

As it appears that the debt is an overdraft and that there is no mention of a regulated agreement in the particulars of claim I think the approach may need to be altered . A CCA request is not relevant for an overdraft

- - - Updated - - -

Hi nem
Have just re-read some letters from Robinson Way (debt collector) "Our client notes that no payments have been received under the County Court Judgement order for some time". So it would appear I have a CCJ against me? Surely I would know about this! Does this count as harassment?

Could you elaborate a little on your response to Offthelip, what is a CCA request (what is its purpose)

Whattodoo

Hi Do you have your own thread as it gets complicated with two different people on the same thread

have you checked either your credit file or trust online that would show records of CCJ's if granted in the last 6 years

[nemesis45]

Re: Hoist, howard cohen and co county court business centre claim form

[QUOTE=whattodooo;634302]Hi nem
Have just re-read some letters from Robinson Way (debt collector) "Our client notes that no payments have been received under the County Court Judgement order for some time". So it would appear I have a CCJ against me? Surely I would know about this! Does this count as harassment?

Could you elaborate a little on your response to Offthelip, what is a CCA request (what is its purpose)##

Whattodoo[/QUOTE


Good morning.

1. Looks like a judgement by default.

2. Check The Registry Trust (trust online) this records county court judgements, there is a small fee for each address checked.

3. Could a claim have been sent to another address, because of a recent move?

4. CCA request is made under the provisions of sections 77/78/78 of the Consumer Credit Act 1974 (as amended) it is used to request a copy of a regulated agreement from a creditor.

nem

[whattodooo]

Re: Hoist, howard cohen and co county court business centre claim form

Hi nem,

I have checked Trustonline for CCJ's and there is "nothing registered". No other address should be involved. As per Noah's comment above I will start my own thread. Many thanks for your help.

- - - Updated - - -

My papers appear to be genuine, go onto moneyclaim.gov.uk, register and have a look.

[Reallyfedup1]

Re: Hoist, howard cohen and co county court business centre claim form

Spoke to a solicitor this afternoon and was told not to ignore it.
One of many concerns, if I go onto the moneyclaim site using the claim number and password! Who's to say HC & Co have it as well. A means to check if it's been activated by defendant!!
This well indicate the person they are trying to locate has been found.
Could be wrong, watch to many detective programme's 😂

[nemesis45]

Re: Hoist, howard cohen and co county court business centre claim form

Hi nem,

I have checked Trustonline for CCJ's and there is "nothing registered". No other address should be involved. As per Noah's comment above I will start my own thread. Many thanks for your help.

- - - Updated - - -

My papers appear to be genuine, go onto moneyclaim.gov.uk, register and have a look.

Try a credit file check Noddle is Free Online.
Just had a thought a while ago with the same bunch when a CC Claim had been issued this ended stayed and never went further the alleged debtors file had been assigned and marked CC Claim issued on xxx
but there never was a judgement and the next clowns in line were claiming a judgement had been made.

nem

[Noah]

Re: Hoist, howard cohen and co county court business centre claim form

Spoke to a solicitor this afternoon and was told not to ignore it.
One of many concerns, if I go onto the moneyclaim site using the claim number and password! Who's to say HC & Co have it as well. A means to check if it's been activated by defendant!!
This well indicate the person they are trying to locate has been found.
Could be wrong, watch to many detective programme's 

I think you re being a tad paranoid, as you say too much TV

If you do not acknowledge the claim and then defend you will get a judgement against you anyway which you would then have the hassle of trying to get set aside -not likely if the excuse was I just ignored it

[nemesis45]

Re: Hoist, howard cohen and co county court business centre claim form

Spoke to a solicitor this afternoon and was told not to ignore it.
One of many concerns, if I go onto the moneyclaim site using the claim number and password! Who's to say HC & Co have it as well. A means to check if it's been activated by defendant!!
This well indicate the person they are trying to locate has been found.
Could be wrong, watch to many detective programme's 

You really must get the acknowledgment done asap Cohen will have course be able to see the progress of the claim and if your time runs out Cohen will go for summary judgement within days.

nem

[Reallyfedup1]

Re: Hoist, howard cohen and co county court business centre claim form

Hi Nem and Noah.
Sorry, my message does sound, like I'm being ignorant!!
I do intend to dispute the claim and finding this site has helped in calming me down.
You all do a fantastic sevice for those seeking advise. ��