**DISCONTINUED** Howard Cohen Pending Legal Action Lloyds Bank overdraft

[somewhereovertherainbow]

Re: *** UPDATE * UPDATE Howard Cohen Pending Legal Action Lloyds Bank overdraft

*****UPDATE UPDATE UPDATE******

After making a CPR request, Hoist Portfolio over ran over the deadline, when I phoned them to chase they advised the claim was on hold until they had required information.

Then a week or 2 later I received a Notice of Discontinuance. Attached.


Is that the end of it?

N.B The SAR pack is now available for collection from my branch, which I expect to show backup for the claim being statute barred.

Thanks for all help and advice.

[nemesis45]

Re: *** UPDATE * UPDATE Howard Cohen Pending Legal Action Lloyds Bank overdraft

*****UPDATE UPDATE UPDATE******

After making a CPR request, Hoist Portfolio over ran over the deadline, when I phoned them to chase they advised the claim was on hold until they had required information.

Then a week or 2 later I received a Notice of Discontinuance. Attached.


Is that the end of it?

N.B The SAR pack is now available for collection from my branch, which I expect to show backup for the claim being statute barred.

Thanks for all help and advice.

That's great!! Well Done!

Please let us know what you find from the SAR.

nem

[Amethyst]

Re: *** UPDATE * UPDATE Howard Cohen Pending Legal Action Lloyds Bank overdraft

WHOOOOHOOOOOOO ! Yes that's it, all done with Congratulations xxx

The SAR will still be useful though - and keep hold of all of your paperwork just in case they, or the next DCA , decide to try again. I'm not sure if you had put in a defence on the claim as yet ?

[somewhereovertherainbow]

Re: *** UPDATE * UPDATE Howard Cohen Pending Legal Action Lloyds Bank overdraft

Only ticked my intention to defend but didn't actually lodge a defence.

I'll update once I see the SAR stuff.

You guys and gals are the BEST !!!

[Diana M]

Re: *** UPDATE * UPDATE Howard Cohen Pending Legal Action Lloyds Bank overdraft

After making a CPR request, Hoist Portfolio over ran over the deadline, when I phoned them to chase they advised the claim was on hold until they had required information.

Then a week or 2 later I received a Notice of Discontinuance. Attached.

Is that the end of it?.

I would love to say that's the end of it but I'm a cynic.

Howard Cohen's letter tells you that the door is open for their client to reissue if they want. If you didn't file a Defence they can do that without any need for permission from the court.

Also this was a joint overdraft but they issued against one of you only. If the penny dropped that they may have issued against the wrong one (for legal reasons such as not the "account opener") then they could decide to issue a claim against the other 'right' one when they realise their error.

The main issue you chose to pursue was the potential for the debt to be Statute Barred. You have said that it was defaulted on 31st December 2010.

It seems from that letter they Discontinued on 14th December 2016 so that means the SB clock was reset and the debt may have become SB a fortnight later

I don't know why Lloyds has taken so long to send your SAR response, but I would go and collect it so you can double check all the dates and any payments made by either of you for peace of mind reasons.

I'm glad I managed to talk you out of paying them when you were all for throwing in the towel at the beginning of your thread where you were intent on requesting an I & E form to set up a repayment plan.

Di

[Amethyst]

Re: *** UPDATE * UPDATE Howard Cohen Pending Legal Action Lloyds Bank overdraft

Only ticked my intention to defend but didn't actually lodge a defence.

I'll update once I see the SAR stuff.

You guys and gals are the BEST !!!

Okay. This claim is over, but as you didn't file your defence they may come back for another shot and won't have to jump through too many hoops, as Di says. If the SAR shows the debt is SB you will be able to bat any new claim away quite easily though xxx

[Diana M]

Re: *** UPDATE * UPDATE Howard Cohen Pending Legal Action Lloyds Bank overdraft

Only ticked my intention to defend but didn't actually lodge a defence.

Why didn't you file a Defence to protect your legal position both in the present and in the future?

Di