DISCONTINUED Howard Cohen Pending Legal Action Lloyds Bank overdraft

**nemesis45** · 20th October 2016, 08:04:AM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Good morning,

CPR31.14 is for sight of documents mention in a claim/witness statement etc.

Whatever you send now may actually push them into issuing a claim and then the Limitation " clock" stops on the date a claim is issued.

nem

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<div>Good morning,<br><br>CPR31.14 is for sight of documents mention in a claim/witness statement etc.<br><br>Whatever you send now may actually push them into issuing a claim and then the Limitation " clock" stops on the date a claim is issued.<br><br>nem<br></div>

**somewhereovertherainbow** · 20th October 2016, 19:23:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

***BUMP**

Thank you nemesis.

Anyone else have any thoughts??

Looks like I've either got to do nothing and hope no court claim is issued or phone them up to arrange a plan, although it'll take forever to pay off.

Thanks for any further advice.

**Diana M** · 20th October 2016, 19:48:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Originally posted by somewhereovertherainbow View Post

Looks like I've either got to do nothing and hope no court claim is issued or phone them up to arrange a plan.

There may be a third way

Send a CCA Request to Howard Cohen. It may not be strictly relevant to bank overdrafts but do Hoist/Robinson Way/Howard Cohen know the origin of the debt they are chasing?

From what you say you've not responded to anything you've been sent by them since January 2016 (maybe even before then?) so the fastest way to get a claim issued could be your silence.

If you believe you only need to filibuster for a few more weeks, ask yourself where's the harm in starting a conversation now which doesn't compromise your potential SB position.

You need to put a spanner in the works to take your account out of the automated system heading for MCOL.

My only concern is have you may have left it left it a bit late if a response is needed by the weekend?

What you describe sounds like a Letter Before Claim. Is it?

Di

**somewhereovertherainbow** · 20th October 2016, 21:36:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Hi,

Thank you DianaM.

I'm not an expert but it looks like a letter before claim - merely because it says pending legal action. Although its the same style of letter they sent back in January.

I think I will go ahead with the CCA letter - hopefully they are not that well organised to pounce immediately on the 10th day. And, as you say, they probably don't know the type of debt they bought.

As long as the CCA request is not acknowledging the debt in any way it sounds like a good idea.

It may buy a few weeks to trip over the SB date in December.

P.S I forgot to mention the bank account was a joint account but the letters have only ever been coming in my wifes name - presumably any court claim will also only be in here name. Does that invalidate it in any way as they are not naming all liable parties??

Thx

**nemesis45** · 21st October 2016, 09:08:AM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Can you post a copy of the letter(s) you have received after removing your name and address and any account numbers please.

**Diana M** · 21st October 2016, 11:00:AM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Originally posted by somewhereovertherainbow View Post

It may buy a few weeks to trip over the SB date in December.

P.S I forgot to mention the bank account was a joint account but the letters have only ever been coming in my wifes name - presumably any court claim will also only be in here name. Does that invalidate it in any way as they are not naming all liable parties?

You said in your first post that you were "defaulted" in December 2010. When was your last payment towards the account?

By "defaulted" do you mean you were sent a DN followed by the bank cancelling the OD facility and calling in the whole negative balance outstanding in December regardless of your last payment date?

A joint bank account normally makes both account holders jointly and severally liable for the debt. I would expect any claim issued should be in both names referring to you and your wife as 1st Defendant and 2nd Defendant. Any CCJ (hopefully not) would echo that.

When delinquent accounts are sold to debt purchasers they are given minimal information at the start. This is usually just your name, last known address/phone contact details, the balance outstanding and the last payment received date.

The debt purchaser will input that information (including last payment date) into their database which can flag up in the months immediately prior to SB which is when the letters begin to churn out.

Some debt purchasers will then issue speculative claims to beat the SB clock even if they then leave the claim parked (i.e. stayed) at MCOL for months/years.

This can mean there's not a lot you can or can't do to prevent a claim from being issued expect throw the odd curved ball in an attempt to cause delay.

Di

**Guest** · 21st October 2016, 16:18:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Originally posted by somewhereovertherainbow View Post

Hi all,

I defaulted on a Lloyds Bank Overdraft in DECEMBER 2010 - Authorised overdraft was £6000 but Howard Cohen are claiming 6560.64

With overdrafts should I still send a CPR letter? and is this to Howard Cohen, Robinson Way, HPH2 or Lloyds Bank?
Is there anything else I should send?
Will this also 'buy time' so that this debt will be delayed until after December 2016 and become statute barred?

The overdraft is a facility that does not have a set repayment date, unlike a loan. From experience, banks wait a variable amount of time for payments to be made into the account before regarding the overdraft as "defaulted". With small overdrafts they can wait for a very long time but £6k is a sizeable amount and they will act swiftly. Did you just stop using the account in December 2010 or did the bank send you a letter demanding full repayment of the overdrawn amount in December 2010? That is the date you will be looking for.

**somewhereovertherainbow** · 21st October 2016, 18:26:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Hi,

Sorry, just got back from work. I am trying to upload a copy of the letter.

The default of December 2010 (actually 30/12/2010) is what is shown on my wife's credit report. There is nothing on my report. I hadn't made any payments for a long time before the default date.
On the lead up to Dec 2010 we were experiencing financial hardship - If I had time now I would try to reclaim all the charges.

I couldn't add a photo of the letter but have attached - hope can see it.

I stopped using the account a year or 2 before 2010. We had a bunch of letters from the bank then they came from MKDP, then Robinson Way then Howard Cohen at the end of 2015. The first letter of Pending Legal Action - identical to that attached - came in January 2016 but nothing happened. thankfully.

Attached Files

SCN_0002.pdf (849.2 KB, 1 view)

**Diana M** · 21st October 2016, 20:26:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Originally posted by somewhereovertherainbow View Post

I couldn't add a photo of the letter but have attached - hope can see it

There is no prescribed format for a LBA. In very basic terms it must do three things:

1. Tell you what you owe and why they think you owe it.

2. Tell you how they expect you to remedy the problem and when they expect you to do that by.

3. Tell you what will happen if you don't do what they've asked you to do in point number 2.

My personal view is that they have done all those three things in their letter.

However, if this letter is identical to the one you were sent in January (to which you say you ignored and heard nothing more) I'm curious to know why they have resurfaced nine months later. They may have been monitoring your CRA files for signs of improved financial strength.

Sadly hardship is not a legal Defence but failure of a creditor to comply with its statutory obligations is.

If this was a joint account it won't matter which of you last paid into the account in order to ascertain SB status.

I see see their letter suggests they will add £3k + to the loan for interest. This may nudge any claim they issue (hopefully not) into the Fast Track (for claims over £10k). Whether they will be entitled to claim that interest is another matter

If the deadline for a response is 10 days from the date of that letter then that expires on Sunday.

I hope you don't think I'm being negative, I'm only being pragmatic after plenty of experience in the sort of things which go through a solicitors' mind when it comes to making a decision on what to do next in situations like these.

You need to decide how you want to play this based on suggestions made.

Di

**somewhereovertherainbow** · 21st October 2016, 20:49:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Thank you Diana M,

I think they know its close to SB so will raise a court claim. I want to avoid a CCJ no matter what. I think I'll call them and ask for a income/expenditure form in order to arrange a plan. I guess they will put any action on hold while we agree a plan. So at the very least I'll get a week or 2 of 'not waiting for a court claim to arrive'.

Thanks for all your help

**Diana M** · 21st October 2016, 20:58:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Originally posted by somewhereovertherainbow View Post

Thank you Diana M,

I think they know its close to SB so will raise a court claim. I want to avoid a CCJ no matter what. I think I'll call them and ask for a income/expenditure form in order to arrange a plan. I guess they will put any action on hold while we agree a plan. So at the very least I'll get a week or 2 of 'not waiting for a court claim to arrive'.

Thanks for all your help

Think twice before you call them. Everything must be in writing. You need a paper trail.

Asking for an I&E form may acknowledge the debt so destroy your SB status which is so close. It won't guarantee they won't issue a claim either.

Issuing a claim and winning a claim in court are two different things.

Hoist will have loads of legal obstacles to overcome before they would win this. Don't be spooked into a knee jerk reaction.

What's wrong with sending a bland CCA Request?

Sleep on it

Di

**Guest** · 21st October 2016, 21:07:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Originally posted by somewhereovertherainbow View Post

Hi,

Sorry, just got back from work. I am trying to upload a copy of the letter.

The default of December 2010 (actually 30/12/2010) is what is shown on my wife's credit report. There is nothing on my report. I hadn't made any payments for a long time before the default date.
On the lead up to Dec 2010 we were experiencing financial hardship - If I had time now I would try to reclaim all the charges.

I couldn't add a photo of the letter but have attached - hope can see it.

I stopped using the account a year or 2 before 2010. We had a bunch of letters from the bank then they came from MKDP, then Robinson Way then Howard Cohen at the end of 2015. The first letter of Pending Legal Action - identical to that attached - came in January 2016 but nothing happened. thankfully.

By the time they put the default on the credit report they would have asked for full repayment of the overdraft. I would say this account is very likely to be statute barred if you stopped paying in even a year before 2010. Banks take their time to demand full repayment of small overdrawn amounts but for £6k they wouldn't mess around too long.

You probably haven't got the letter demanding full repayment if it was that long ago but that is precisely the date when the six years started, not when you stopped paying in.

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Originally posted by Diana M View Post

Hoist will have loads of legal obstacles to overcome before they would win this. Don't be spooked into a knee jerk reaction.

What's wrong with send a bland CCA Request?

What legal obstacles? The account is very likely statute barred. That should be enough to defend, and if it was an overdraft, why send a CCA request? They'll just say it was a current account and not a credit agreement, I already tried that years ago.

**somewhereovertherainbow** · 21st October 2016, 21:16:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Crumbs!

I get the reason for a bland CCA request - For an overdraft it may not be applicable but Howard Cohen probably don't know it was an overdraft, so they will hold any intention to lodge court claim while spending time digging around for info - all the while the clock is ticking.

And, I thought the SB date only started from the default date on the credit file. I didn't realise it started from the date of last payment - which would be quite a while EARLIER than 2010.

Is SB definitely 6 years from last payment or acknowledgment? I had always considered it 6 years from whatever the default date was??

Thx

**Diana M** · 21st October 2016, 21:16:PM

Re: Howard Cohen Pending Legal Action Lloyds Bank overdraft

Originally posted by Estrella View Post

What legal obstacles?

I wouldn't dream of revealing my firm's 'trade secrets' in cyberspace

Di

DISCONTINUED Howard Cohen Pending Legal Action Lloyds Bank overdraft