Howard Cohen CCJ Please help!!!

[studentnurse]

I have received a CCJ claim form from Hoist portfolio/Howard Cohen and I really don’t know what to do next L there is no way I can afford to pa
The debt was an old HSBC debt for £5300 made up of an overdraft (taken out 1999) and an unsecured loan (taken out 2006). Last time the debt was acknowledged was March 2011.
I received a letter dated the 23^rd September from Howard Cohen threatening CCJ and so I sent a letter requesting more information. This was received by Robinson Way on the 5^th October.
I have received today a claim form dated the 7^th October.
I foolishly have no paperwork at all from this debt.

Questions I have is
Can I still get prove from them that I owe them this money and a copy of my original credit agreement?

Is it wise to try and defend the claim? When I know I did owe HSBC the money but I have no proof it was sold to Hoist portfolio or how they have calculated the amount.

They have added £2261 interest on to the original debt and intend on adding £1.16 per day until it is settled. Can they do this?

Thank you in advance
A very worried and foolish Studentnurse

[charitynjw]

Re: Howard Cohen CCJ Please help!!!

Hi studentnurse & welcome to LB

Could you clarify, please?
Did you take the unsecured loan out to satisfy the overdraft? (ie did you use the loan to pay the o/d?)

[studentnurse]

Re: Howard Cohen CCJ Please help!!!

Thank you Charitynjw.

It was an overdraft of approx. £1700 and a separate loan with a balance of approx. £3500. I only assume they been added together as the amounts add up . the reference on the claim form is the bank account number for the overdraft. there is no mention of a loan.

Studentnurse

[charitynjw]

Re: Howard Cohen CCJ Please help!!!

Ok

First & foremost, acknowledge the court claim form per the info sent with the pack. (there is no advantage in delaying & failure to do so will probably result in a default judgment against you).
Defend in full.
If you live in England/Wales do not contest jurisdiction.

[studentnurse]

Re: Howard Cohen CCJ Please help!!!

I have found the CPR 31.14 template letter, which I intend to send to Howard Cohen with a copy of the prove it letter I sent to Hoist

I am unsure of what documents to ask for though. The Particulars of claim says

" This claim is for the sum of £5294.65 in respect of monies owing pursuant to an overdraft facility under the bank account no xxxxxx
This debt was legally assigned by MKDP LLP (ex HSBC) to the claimant and notice has been served.
The defendant has failed to repay the overdrawn sum owing under the terms and conditions of the bank account.
The claimant claims
1. the sum of £5294.65
2. interest pursuant to s69 of the county Court Act 1984 at a rate of 8% from 3/6/2011 to the date hereof is 1949 days is the sum of £2261.81
3.future interest accruing at the daily rate of £1.116
4. costs "

Any ideas what I need to ask for?

Thank you

Studentnurse

[charitynjw]

Re: Howard Cohen CCJ Please help!!!

I foolishly have no paperwork at all from this debt.

You do need to address this. As things stand you are reliant on Hoist to provide evidence, & judging by other threads they are not much good at doing this.
You could SAR HSBC for your data; that should cover both the o/d & the loan.
http://www.legalbeagles.info/forums/...ur-information
It may take up to 40 days to receive the info, & will cost a tenner.
As for the CPR request, imho I think Hoist may have c*cked up with their PoC.
If this does involve 2 separate amounts, one (the loan) will be regulated via the Consumer Credit Act.
& It's a pre 2007 agreement to boot.
If it were me, I wouldn't let them (Hoist) know this at this early stage in the proceedings.....why do their work for them?!