Robinson Way, HPH2 and Howard Cohen

[nickymaybe]

I am in dispute with Robinson Way acting on behalf of HPH2 Ltd, this debt has been passed on several times. My girlfriend stopped paying her debt off because she could not keep up with the payments, Barclays were unwilling to arrange a lower interest rate so she defaulted in 2010. I guess they have upped the ante because it is near the 6 year point for 'statute barred'...

I am about to send a credit agreement request. We have recently moved to Ireland so I am a little worried I may have missed the opportunity to respond to Robinson Way's original threat on 18th May, in which case it may have gone to the solicitors. They will have our new address once they receive the CCA request so I will wait to hear from them.

Just making contact with forum and putting it out in case there is any further advice

[nemesis45]

Re: Robinson Way, HPH2 and Howard Cohen

Hi welcome to LB,

What type of account was this Credit Card. Current Account or Loan?

Are you in NI or the republic?
Does your girlfriend now reside permanently in Ireland?
The start of the relevant 6 year period for the Limitation Act 1980 ( England & Wales) varies with the type of account.
She should check credit reference files ( Noddle is free online) for some history on the debt, exact date the default was recorded, as debts are removed from credit files on the 6th anniversary of the default date paid or not this does not always mean a debt is statute barred.

nem

[nickymaybe]

Re: Robinson Way, HPH2 and Howard Cohen

Hi welcome to LB,

What type of account was this Credit Card. Current Account or Loan?

Are you in NI or the republic?
Does your girlfriend now reside permanently in Ireland?
The start of the relevant 6 year period for the Limitation Act 1980 ( England & Wales) varies with the type of account.
She should check credit reference files ( Noddle is free online) for some history on the debt, exact date the default was recorded, as debts are removed from credit files on the 6th anniversary of the default date paid or not this does not always mean a debt is statute barred.

nem

Thanks for your reply Nem.

What type of account was this Credit Card. Current Account or Loan?
It was a Barclay's credit card.

Are you in NI or the republic?
We have moved to N. Ireland for now but may decide to move to the republic.
Does your girlfriend now reside permanently in Ireland?
We are living together, so yes she does. Not sure whether permanent as yet, we are taking six months or so to decide where we want to live, we have a 4 year old son just about to start school so this will have some influence on our decision. In the interim we are living in a rented flat.

Will check Noddle now for credit status.

Thanks N

[nemesis45]

Re: Robinson Way, HPH2 and Howard Cohen

Thanks for your reply Nem.

What type of account was this Credit Card. Current Account or Loan?
It was a Barclay's credit card.

Are you in NI or the republic?
We have moved to N. Ireland for now but may decide to move to the republic.
Does your girlfriend now reside permanently in Ireland?
We are living together, so yes she does. Not sure whether permanent as yet, we are taking six months or so to decide where we want to live, we have a 4 year old son just about to start school so this will have some influence on our decision. In the interim we are living in a rented flat.

Will check Noddle now for credit status.

Thanks N

Either way the republic or NI have different civil laws from England and Wales any action would have to be brought in the correct jurisdiction.

The CCA request is a priority.

Make sure that what ever payment method you use for the £1 fee ( postal order is best) it is marked " for statutory fee only " on both sides.

Robinson Way are deliberately returning fees or using them as a payment to a debt thus avoiding the debt becoming unenforceable because they have not complied with the CCA request.

I suggest a note should be sent with the CCA request along the lines of.

Please take note the payment of £1.00 is for the statutory fee for my request made under the provisions of sections 77/78/79 of CCA 1974 it is not to be allocated as payment to the alleged debt.

Robinson Way must comply with this lawful request within 12 + 2 Working Days, returning the fee and or passing the request to Harold Cohen &Co as a request made under CPR 31.14 is unacceptable and is it seems a deliberate attempt to avoid complying with a lawful request for information.
Should this occur an immediate report to the FCA will result.

nem

[nickymaybe]

Re: Robinson Way, HPH2 and Howard Cohen

Hi Nem,

I've checked Noddle and the original Barclaycard debt is classified as 'settled' and there is no more credit history after the date 12/07/2012. Despite it being sold on to MKDP/Raven Recoveries, and Hoist/Robinson Way. Not sure what this implies? It seems to suggest there won't be any record of a credit agreement?

Unfortunately I did not mark the postal order 'for statutory fee only' but a statement that it was for the statutory fee only as per my request made under the provision of CCA 1974 was very clearly included in the request. I had obtained this CCA Request from the 'getoutofdebtfree' site before coming across your site.

Thanks again, nickymaybe

[nemesis45]

Re: Robinson Way, HPH2 and Howard Cohen

Hi Nem,

I've checked Noddle and the original Barclaycard debt is classified as 'settled' and there is no more credit history after the date 12/07/2012. Despite it being sold on to MKDP/Raven Recoveries, and Hoist/Robinson Way. Not sure what this implies? It seems to suggest there won't be any record of a credit agreement?

Unfortunately I did not mark the postal order 'for statutory fee only' but a statement that it was for the statutory fee only as per my request made under the provision of CCA 1974 was very clearly included in the request. I had obtained this CCA Request from the 'getoutofdebtfree' site before coming across your site.

Thanks again, nickymaybe

OK,

At least you have the response in post #4 if they try this CCA trick.

Get out of debt free templates are unfortunately " doubtful" in nature, an you post a copy here please.

nem

[nickymaybe]

Re: Robinson Way, HPH2 and Howard Cohen

Hi Nem,

Here is a copy of template:

Here is the CC Agreement request letter:


Their address. Your Address.

Date:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: [Name of person on letter/s contacting you]

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
* You may not issue a court summons.

You should also be aware that unless or until you provide me/us with the the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

7.3.18: A firm must not threaten to commence court action, including an
application for a charging order or (in Scotland) an inhibition or an order
for sale, in order to pressurize a customer in default or arrears difficulties
to pay more than they can reasonably afford.

7.11.6: A firm must not suggest or state that action can or will be taken when
legally it cannot be taken.

I/we look forward to hearing from you within the allotted time scale.

Yours faithfully/By: Etc.

[nemesis45]

Re: Robinson Way, HPH2 and Howard Cohen

Hi Nem,

Here is a copy of template:

Here is the CC Agreement request letter:


Their address. Your Address.

Date:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

F.A.O: [Name of person on letter/s contacting you]

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. Only the agreement and a current statement of the account, no other documents ( they wont have them anyway)

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days12 + 2 Working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you They can still pursue the debt it may be unenforceable via the court system, however the debt still exists and can be pursued.
* You may not add further interest or any charges to the account Depends on the original agreement
* You may not pass the account to a third party.Yes this happens quite often

* You may not register any information in respect of the account with any credit reference agency.Yes they can!
* You may not issue a default notice related to the account. Default notice (s) are issued by the original creditor.
* You may not issue a court summons. In most cases when we make CCA requests it is after a claim has been issued

You should also be aware that unless or until you provide me/us with the the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

7.3.18: A firm must not threaten to commence court action, including an
application for a charging order or (in Scotland) an inhibition or an order
for sale, in order to pressurize a customer in default or arrears difficulties
to pay more than they can reasonably affords As in your case the claim has already been issued, i.e. action has already been taken.

7.11.6: A firm must not suggest or state that action can or will be taken when
legally it cannot be taken.

I/we look forward to hearing from you within the allotted time scale.

Yours faithfully/By: Etc.

The only " penalty " is that the debt becomes unenforceable via the court system UNTIL an agreement or compliant reconstituted agreement is forthcoming. The claimant can at anytime continue a claim if they acquire the agreement.

As said Robinson Way and or Harold Cohen & Co may well play silly buggers with the request so look out for letters from one or both.

Please come straight back to us if you get a response.

nem

[nickymaybe]

Re: Robinson Way, HPH2 and Howard Cohen

The only " penalty " is that the debt becomes unenforceable via the court system UNTIL an agreement or compliant reconstituted agreement is forthcoming. The claimant can at anytime continue a claim if they acquire the agreement.

As said Robinson Way and or Harold Cohen & Co may well play silly buggers with the request so look out for letters from one or both.

Please come straight back to us if you get a response.

nem

Thanks Nem will get back to you when I hear anything from them

[nickymaybe]

Re: Robinson Way, HPH2 and Howard Cohen

Hi Nem,

Received a reply from Robinson Way dated 2nd June but not until last week (18th June) because it was redirected from our old address even though I informed them of our new address:

"We write to confirm that we have noted the dispute/query that you have raised.

We will make the necessary enquiries and let you know the outcome in due course. In the meantime we will stop all collection activity on this account.

Please let us know if we can assist further."

They did not return the postal order, is this ok? Nothing from Harold Cohen. I guess I just wait until I hear further?

Best wishes,
Nickymaybe

[nemesis45]

Re: Robinson Way, HPH2 and Howard Cohen

Hi Nem,

Received a reply from Robinson Way dated 2nd June but not until last week (18th June) because it was redirected from our old address even though I informed them of our new address:

"We write to confirm that we have noted the dispute/query that you have raised.

We will make the necessary enquiries and let you know the outcome in due course. In the meantime we will stop all collection activity on this account.

Please let us know if we can assist further."

They did not return the postal order, is this ok? Nothing from Harold Cohen. I guess I just wait until I hear further?

Best wishes,

Nickymaybe

Hello Nicky.

No mention of the CCA request not being complied with, seems like they are very unsure of their ground now I guess the communication between RW> Hoist> Cohen is poor or non existent.
Keep a careful eye on post especially as you are on redirect.
It's a common dirty trick to issue claims to old addresses even when a new address has been provided and it's clear that this lot cannot be trusted.

nem

[nickymaybe]

Re: Robinson Way, HPH2 and Howard Cohen

Hello Nicky.

No mention of the CCA request not being complied with, seems like they are very unsure of their ground now I guess the communication between RW> Hoist> Cohen is poor or non existent.
Keep a careful eye on post especially as you are on redirect.
It's a common dirty trick to issue claims to old addresses even when a new address has been provided and it's clear that this lot cannot be trusted.

nem

Hi Nem,

Ok yes thanks Nem, really appreciate your prompt reply and sound advice. Will keep you posted.

Nicky