Howard Cohen & Hoist Portfolio CCJ Claim

[nanny]

My daughter has just received a CCJ claim form for an old barclaycard debt that she believes should be statute barred as has been over 6 years since she has made any payments or acknowledged the debt (she believes it's more than 8 years ago since she has had contact with them). It appears the debt is now with Howard Cohen (correspondence) and Hoist Portfolio (Claimant). The issue of the claim form is 17th November 2016 and she doesn't know what she should do next as doesn't want to end up with a CCJ.

[Stu]

Re: Howard Cohen & Hoist Portfolio CCJ Claim

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information.

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please post the following information as your first post.

Received a claim?
Issue Date:
Amount approx:
Claimant:
Solicitor:
Original Creditor:
Particulars of Claim: Please type out in full excluding names/account numbers
Is the debt Statute Barred?
List any letters you have sent:
Any Other Info:

[nanny]

Re: Howard Cohen & Hoist Portfolio CCJ Claim

Thank you Stu, I will be following your advice and keep you updated - many thanks

[charitynjw]

Re: Howard Cohen & Hoist Portfolio CCJ Claim

Hi nanny & welcome to LB.

Does your daughter have historic bank statements, or B/card info (statements, correspondence, default notification etc) for the relevant period? (Say, 2009/10/11)

[nanny]

Re: Howard Cohen & Hoist Portfolio CCJ Claim

Hi Charity thank for your reply. I've checked with her and she has moved a couple of times and didn't keep any old paperwork. She will double check though just in case but she's pretty sure she hasn't as was a long time ago.

[nanny]

Re: Howard Cohen & Hoist Portfolio CCJ Claim

Hi Charity thank for your reply. I've checked with her and she has moved a couple of times and didn't keep any old paperwork. She will double check though just in case but she's pretty sure she hasn't as was a long time ago.

[nanny]

Re: Howard Cohen & Hoist Portfolio CCJ Claim

Hi Stu, my daughter has now done the acknowledgement of service online and letters have been prepared for posting tomorrow, just not sure what date she should put on the CPR letter for filing defence. Please could you help with this - the claim was issued on 17th November, received on 19th November and acknowledged today 20th November. Also does any money have to be sent with the CPR letter for their reasonable copying costs? Thank you again for all your help.

[charitynjw]

Re: Howard Cohen & Hoist Portfolio CCJ Claim

Claim issue date 17th November.
+ 33 days = Tuesday 20th December (deadline for filing the defence at court).
There is no need to send any fee with a CPR letter, which goes to the solicitor.
Keep file copies of all correspondence & get proof of posting.

[nanny]

Re: Howard Cohen & Hoist Portfolio CCJ Claim

Thanks Charity

[nanny]

Re: Howard Cohen & Hoist Portfolio CCJ Claim

Just a quick update my daughter has received a letter from Robinson Way acknowledging receipt of request under S77/79 of the consumer credit act and saying "please find by return your £1 fee. Your account is now with our clients solicitor Howard, Cohen & Co and they have issued a county court claim against you. We have forwarded your request to them as under CPR.31.14 you are entitled to request documentation mentioned in the particulars of claim. They are currently in the process of retrieving the documents requested. Therefore please accept this letter as agreement to a general extension of time. Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the claim form as you feel appropriate." I presume she just has to now wait for any documentation to arrive but not sure what to do if it doesn't or by what date this needs to be with her. Thanking you again for all your help on this forum as we would be stuck without you.