Hoist/Cohen Vs whattodooo

[whattodooo]

First of all let me thank you for the help so far, much appreciated.

I am now following Ameythysts "sticky" of 15th March 2015.

Details:
Issue date 9th March 2016.
Received on 19th March 2016.
Approx amount £18k.

Particulars of claim:
This claim is for the sum of £xxx in respect of monies owing under an Agreement with the account no. xxx pursuant to the Consumer Credit Act 1974 (CCA).
The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. The 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.
The Claimant claims
1. The sum of £xxx
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 per cent from the 27/10/11 to the date hereof 1591 is the sum of £xxx
3. Future interest accruing at the daily rate of £xxx
4. Costs

Other inf:
1. In Feb of this year I received a letter from a debt collector "Our client notes that no payments have been received under the County Court Judgement order for some time". On advice from this forum I checked with "Trustonline" (?) and there are no judgements against me.
2. I think this debt might be "statute barred" (?) it is about 6 years old (depends when the "start" date is.
3. I have paid nothing since the debt was sold by the credit card company.

Actions:
1. I have submitted (online) Acknowledgement of Service today at 10:05

Next steps:

2. Request CCA (claimant) CPR (Claimants solicitor, presumably Howard Cohen?). I am having problems finding up to date templates for these, could someone point me in the right direction (probably just me being stupid!).

3. CCA & CPR to be sent signed for (with name).

4. Post this thread.


I am grateful for your help, but also understand these are my decisions. I post advice on Engineering forums under the same terms. I just want to benefit from your experience. Many thanks.

whattodooo.

[nemesis45]

Re: Hoist/Cohen Vs whattodooo

Hi,
Please sign both requests, there is no reason not to, a data controller is entitled to verify the sender of such a request.
The Postal Order for £1 needs to have " For Statutory Fee Only " written on both sides and a copy made and retained.
It's becoming plain that some recipients are allocating fees as payments to the account in question.
nem

[whattodooo]

Re: Hoist/Cohen Vs whattodooo

Ok, an update.

I sent the CCA request to Howard Cohen (as per the Claim form) on 23rd March 2016 with a copy to Hoist Portfolio (Claimant). I have received a response from Robinson Way (debt collectors) as follows
"We acknowledge receipt of your request under sections 77/78 of the Consumer Credit Act. Please find by return your £1.00 fee.

Your account is now with our client's solicitors Howard Cohen & Co and they have issued a County Court Claim against you.

We have forwarded your request to them as under C.P.R 31.14 you are entitled to request documentation mentioned in the Particulars of Claim.

They are currently in the process of retrieving the documents requested.

Therefore, please accept this letter as agreement to a general extension of time. Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the claim form as you feel appropriate."

So my questions here are:
1. Who am I actually dealing with? Howard Cohen or Robinson Way?
2. Do I have to do anything on the moneyclaim website as far as this time extension is concerned? The claim is dated 9th March 2016.


I sent a CPR request (format as per Amethysts sticky) again to Howard Cohen (as per claim form) on 25th March 2016 requesting:
1. The agreement......
2. The assignment by MKDP LLP.
3. Default notice.
4. Contractual payments.

which are all mentioned in Particulars of Claim.

So far I have had no response for this request.

Any comments, guidance would be appreciated.

whattodooo

[nemesis45]

Re: Hoist/Cohen Vs whattodooo

Ok, an update.

I sent the CCA request to Howard Cohen (as per the Claim form) on 23rd March 2016 with a copy to Hoist Portfolio (Claimant). I have received a response from Robinson Way (debt collectors) as follows
"We acknowledge receipt of your request under sections 77/78 of the Consumer Credit Act. Please find by return your £1.00 fee.

Your account is now with our client's solicitors Howard Cohen & Co and they have issued a County Court Claim against you.

We have forwarded your request to them as under C.P.R 31.14 you are entitled to request documentation mentioned in the Particulars of Claim.

They are currently in the process of retrieving the documents requested.

Therefore, please accept this letter as agreement to a general extension of time. Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the claim form as you feel appropriate."

So my questions here are:
1. Who am I actually dealing with? Howard Cohen or Robinson Way?
2. Do I have to do anything on the moneyclaim website as far as this time extension is concerned? The claim is dated 9th March 2016.


I sent a CPR request (format as per Amethysts sticky) again to Howard Cohen (as per claim form) on 25th March 2016 requesting:
1. The agreement......
2. The assignment by MKDP LLP.
3. Default notice.
4. Contractual payments.

which are all mentioned in Particulars of Claim.

So far I have had no response for this request.

Any comments, guidance would be appreciated.

whattodooo

It's becoming clear that Hoist does not want to deal with anything itself RW is the lacky managing the debt Cohen is just covering the litigation.

At least this time RW has returned the fee rather than allocating it as a payment to the debt.

Cohen/ RW/ Hoist don't have anything to send you so not surprising there's no response.

Have you informed the court of the agree extra extension of time? If not e-mail the court in the morning and attach a copy of their letter.

nem

[Noah]

Re: Hoist/Cohen Vs whattodooo

Is the claim really for £18000 18 thousand pounds?

This is likely to go fast track which can incur significant costs

I would be thinking about talking to a solicitor who may be able to deal with it on a conditional fee arrangement

To to echo what nemesis has said , make sure you email the court with a copy of the letter saying they have granted you a 14 day extension.
I think there reply is disingenuous because the maximum extension that can be given is 28 days so if it takes them say 40 days (random figure chosen) to get the documents off Barclaycard another 14 days would be outside the allowed extension time and they could do you up like a kipper

[whattodooo]

Re: Hoist/Cohen Vs whattodooo

Ok, update.
I spoke to CCBC on 5th April 2016 and emailed RW letter to them (see above). They said they would update their system accordingly. I have automated response from CCBC.
I have received nothing more for request for CCA from Hoist/RW/Howard Cohen since their acknowledgement of request (RW) of 30th March 2016.
I have received nothing from my request (25th March 2016) for CPR.

What do you think I should do next?
Is there a time limit for something like this?

Many thanks


PS. I can no longer log on to the moneyclaim website because according to CCBC the claimant has removed my password, is this normal?

whattodooo

[whattodooo]

Re: Hoist/Cohen Vs whattodooo

Hi Nem,
both requests were signed.

whattodooo

[Noah]

Re: Hoist/Cohen Vs whattodooo

I would call the court in the morning to see what is happening.

Is the claim for 18k , see my previous comments regarding costs

[whattodooo]

Re: Hoist/Cohen Vs whattodooo

Hi Noah,

Original claim for 12k, now amounted to 18k. Will call court tomorrow, and post on here.
Many thanks

whattodooo

[Noah]

Re: Hoist/Cohen Vs whattodooo

Have you consulted a lawyer? Like stop of costs etc .

Lets ta hope for a discontinuance but I won't hold my breath

[whattodooo]

Re: Hoist/Cohen Vs whattodooo

Hi All,
Called CCBC this morning, they have my emailed copy of letter agreeing to a "general extension of time" on their system and are "awaiting the proper documentation from the claimant and that I should call again in a few days to see what has happened".


My CCA and CPR requests were sent on the 23rd and 25th March 2016. Question, is there a time limit for them to reply?

Many thanks

whattodooo

[nemesis45]

Re: Hoist/Cohen Vs whattodooo

Hi All,
Called CCBC this morning, they have my emailed copy of letter agreeing to a "general extension of time" on their system and are "awaiting the proper documentation from the claimant and that I should call again in a few days to see what has happened".


My CCA and CPR requests were sent on the 23rd and 25th March 2016. Question, is there a time limit for them to reply?

Many thanks

whattodooo

7 Calendar days for the CPR 31.14 request, you can chase up this request in writing.

12 + 2 Working Days for CCA request, time starts the day the request is received by the claimant. Don't chase this request.
Check date signed for and signature and print them off.

nem

[Noah]

Re: Hoist/Cohen Vs whattodooo

Hi All,
Called CCBC this morning, they have my emailed copy of letter agreeing to a "general extension of time" on their system and are "awaiting the proper documentation from the claimant and that I should call again in a few days to see what has happened".


My CCA and CPR requests were sent on the 23rd and 25th March 2016. Question, is there a time limit for them to reply?

Many thanks

whattodooo

Just something to bear in mind
The cca request should indeed be returned within 14 working days but to be honest rarely is . There is no actual penalty for late compliance other than them not being able to enforce ( gain a judgement) until they have complied.

[whattodooo]

Re: Hoist/Cohen Vs whattodooo

Hi all

CCA request was delivered 24th March 2016, I received acknowledgement letter dated 30th March 2016, no further response.

CPR request was delivered 1st April 2016, I received acknowledgment letter dated 5th April 2016, no further response.

So I should now chase up the CPR request?
Should I put a time limit on it?
Can I put a time limit on it?
A good idea to call the court again to find out if the "proper documentation" has been received?

Many thanks

whattodooo

[nemesis45]

Re: Hoist/Cohen Vs whattodooo

Hi all

CCA request was delivered 24th March 2016, I received acknowledgement letter dated 30th March 2016, no further response.

CPR request was delivered 1st April 2016, I received acknowledgment letter dated 5th April 2016, no further response.

So I should now chase up the CPR request?
Should I put a time limit on it?
Can I put a time limit on it?
A good idea to call the court again to find out if the "proper documentation" has been received?

Many thanks

whattodooo

Yes chase CPR timescale are arbitrary in this situation just like theirs.
Mention that you will send a letter to the FCA in regard to their conduct.

nem