Gomez100 vs Howard Cohen

[Gomez100]

Re: Gomez100 vs Howard Cohen

That's rather unfair in my opinion a loan can be challenged under the provisions of the Consumer Credit Act 1974 , where as the OD cannot.

I still think though you could request the agreement for the loan now via a CCA request I am sure the neither the claimant nor the solicitors know the truth of this debt.

I need to check a few things before going deeper into this,.

Do you know which was the larger debt loan or OD?

I will get back to you poss Mon PM when I've got more.

nem

[MENTION=42011]Nem[/MENTION], Hi there, just wondering if you managed to come up with anything?

Cheers

[nemesis45]

Re: Gomez100 vs Howard Cohen

@Nem, Hi there, just wondering if you managed to come up with anything?

Cheers

Hello G,

Yes this type of consolidation it seem has been challenged before as being unfair I think it's worth writing to Cohen stating that you are unable to reconcile the amount claimed with any accounts you have held with the original creditor.

Also mention that you require a copy of the agreement for this " account " it will need a £1.00 postal order for the statutory fee.

I'd be happy to draft a letter for you but it will not be until this time tomorrow, just let me know.

nem

[Gomez100]

Re: Gomez100 vs Howard Cohen

nem, your a star, If you would be as good as to draft the letter it would be much appreciated, tomorrow is fine as i have some time to file the questionaire.

Many Thanks

[Gomez100]

Re: Gomez100 vs Howard Cohen

[MENTION=55034]nemesis45[/MENTION] bump

[nemesis45]

Re: Gomez100 vs Howard Cohen

@nemesis45 bump

Sorry for the delay G been a bit busy here and at home.

I 've got a draft just need to tidy it up then I'll be back.

nem

[Gomez100]

Re: Gomez100 vs Howard Cohen

Sorry for the delay G been a bit busy here and at home.

I 've got a draft just need to tidy it up then I'll be back.

nem

No worries at all , thanks

[Gomez100]

Re: Gomez100 vs Howard Cohen

[MENTION=42011]Nem[/MENTION], ok , I sent off the dq, did you manage to tidy the letter up?
Cheers

[nemesis45]

Re: Gomez100 vs Howard Cohen

@Nem, ok , I sent off the dq, did you manage to tidy the letter up?
Cheers

Posted evening of Sept 6th G, Or at least I thought so but
n

[Gomez100]

Re: Gomez100 vs Howard Cohen

[MENTION=42011]Nem[/MENTION], if you do get a chance to repost it I'd be grateful, I'm trying not to be a pest.

G

[nemesis45]

Re: Gomez100 vs Howard Cohen

@Nem, if you do get a chance to repost it I'd be grateful, I'm trying not to be a pest.

G

Hello G

If the computer holds up ( just taken over an hour to get back in when it went down while I was posting I'll do it after dinner this evening .

I apologise for all the problems G.

nem

[nemesis45]

Re: Gomez100 vs Howard Cohen

Hello Gomez,

The situation as I see it is that you have an alleged debt which appears to be an overdraft and a credit card consolidated by HSBC and to MKDP and then to Hoist Portfolio meaning that you cannot reconcile the amount with any account (s) yo may have had with HSBC.
The following can be sent to HSBC, Hoist and Cohen.

Date:

Ref: Alleged Debt Arising from an account with HSBC.
Subject to CC Claim No......................................
Issued By Howard Cohen on behalf of Hoist Portfolio.

Sir/ Madam

I refer to the above mention county court claim issued on..........................................: which is stated to be an overdraft with HSBC please note I do not acknowledge and such debt and I cannot reconcile the amount claimed with any account I have had with HSBC.

It is my belief that HSBC may have consolidated two separate accounts a current account and a credit card account if this so these accounts would have had separate agreements and terms and conditions, different interest rate would have been applied.

I therefore require copies of the individual agreements and terms and conditions relevant to the dates each accounts was opened and those applicable when the accounts were closed.

I am unable to reconcile when each account was defaulted and require information on the default dates for each account.
To this end I enclose the £1.00 statutory fee as required under the provisions of CCA 1974 for copies of the agreement for these accounts (Hoist and HSBC £2.00 total. HSBC £2.00

I am unable to fully answer the claim without sight of said documents

The contents of this letter will be brought to the attention of the court.

CC HSBC,
Howard Cohen
Hoist Portfolio.

This has been used with some success in the past no guarantees but worth the £4.00 I think.

nem

[Gomez100]

Re: Gomez100 vs Howard Cohen

Hello G

If the computer holds up ( just taken over an hour to get back in when it went down while I was posting I'll do it after dinner this evening .

I apologise for all the problems G.

nem

No need for apologies nem, cheers for your efforts.

[Gomez100]

Re: Gomez100 vs Howard Cohen

[MENTION=42011]Nem[/MENTION] thank you very much, can you just comfirm who I send this to?
I read it as HSBC get £2, Cihens £2 and hoist get a copy?