Howard Cohen Solicitors/Harassment.

[tedamuffin]

I have received a letter from Howard Cohen Solicitors, who say they are acting on behalf of Hoist Portfolio Ltd-(A debt collection company).
Cohen states that I owe £3500 to hoist and that the debt is from a Barclay's Bank loan in 2004! I have no such knowledge of this debt, but it does appear on my credit file. I am now threatened with court action unless I pay. I have never admitted to this debt, not even spoken to anyone of it as there is no memory of it. I fired off a request for C.P.R documents, and Cohen wrote back stating they want a 7 day extension to get the docs. They have already had the statutory 14 days, and I am of the belief that even before they threatened me with court action-they must have this information before doing so! I have wrote back stating that any such debt is statue barred because of the time limit-unless I have previously admitted to it, and also, there is no record of me making any payments to anyone. What is my next step. I have read about Cohen on Legal Beagles and how they have a habit of bending the rules to get you to make a payment. Would appreciate any help on this subject.

[nemesis45]

Re: Howard Cohen Solicitors/Harassment.

I have received a letter from Howard Cohen Solicitors, who say they are acting on behalf of Hoist Portfolio Ltd-(A debt collection company).
Cohen states that I owe £3500 to hoist and that the debt is from a Barclay's Bank loan in 2004! I have no such knowledge of this debt, but it does appear on my credit file. I am now threatened with court action unless I pay. I have never admitted to this debt, not even spoken to anyone of it as there is no memory of it. I fired off a request for C.P.R documents, and Cohen wrote back stating they want a 7 day extension to get the docs. They have already had the statutory 14 days, and I am of the belief that even before they threatened me with court action-they must have this information before doing so! I have wrote back stating that any such debt is statue barred because of the time limit-unless I have previously admitted to it, and also, there is no record of me making any payments to anyone. What is my next step. I have read about Cohen on Legal Beagles and how they have a habit of bending the rules to get you to make a payment. Would appreciate any help on this subject.

Good evening. welcome to LB.

Have you sent a CCA Request to Hoist for a copy of the agreement?
If not do so asap. there's a template in the forum library.
You need to send the statutory fee of £1 use a postal order endorsed
" For Statutory Fee Only" use signed for post.
I think you may be confusing CPR31.14 which has a time scale of 7 day
with the CCA request (as above). This does not incur a fee.

Statute Barred in England & Wales is 6 clear years with no payments or written
acknowledgments of the debt. The six year period on a loan would start when
the bank demands immediate payment of the whole balance in full.
No claim has yet been issued??

nem

[tedamuffin]

Re: Howard Cohen Solicitors/Harassment.

Hi. Thanks for the quick response. I never replied to hoist as I do not wish to imply that I am admitting to having any knowledge of this debt. Who do these people think they are to just buy someones debt and expect me to respond to something I know nothing of. This is not the first debt agency to try to collect this particular debt. They are the 3rd one in the last 3 years. I just bin the letters as I am not letting these types harass me. I have had collectors come to my door. I just tell em where to go. Surely, if these people had any legal claim to this debt, then don't you think they would of succeeded by now. It has been on my file since 2004. In your view, do they have a legal right to chase me for the debt whilst having no admittance from me, no agreement has ever been produced by any previous collectors who have come calling. The statue barred rule still stands in my case. The reason I sent off a C.P.R, was because the solicitors are threatening court action, and I want to see what information they are relying on in court. This enables me to defend myself against any such action.

[wales01man]

Re: Howard Cohen Solicitors/Harassment.

If it appears on your credit file is it showing info over 6 years old?

[tedamuffin]

Re: Howard Cohen Solicitors/Harassment.

Yes it is. This first appeared on my credit file in 2004. I never heard nothing again until 2010, when I started to receive demands from 2" different debt collectors. Then a few visits and other solicitors letters threatening court action. All have been ignored-and binned! In 2015 I noticed that one of the other debt collectors had added the same debt to my file again, but this time with their name as the owner. They gave up and now this present one-"Hoist"/Howard Cohen. I complained to Experian-who are the ones showing the credit history with the debt. They said they can't remove it unless asked to do so by the people who put it there. I have now sent off a CCA-to Hoist Holdings Ltd. This is the first time I have acknowledged them. Probably why the solicitors are harassing me.

[nemesis45]

Re: Howard Cohen Solicitors/Harassment.

Yes it is. This first appeared on my credit file in 2004. I never heard nothing again until 2010, when I started to receive demands from 2" different debt collectors. Then a few visits and other solicitors letters threatening court action. All have been ignored-and binned! In 2015 I noticed that one of the other debt collectors had added the same debt to my file again, but this time with their name as the owner. They gave up and now this present one-"Hoist"/Howard Cohen. I complained to Experian-who are the ones showing the credit history with the debt. They said they can't remove it unless asked to do so by the people who put it there. I have now sent off a CCA-to Hoist Holdings Ltd. This is the first time I have acknowledged them. Probably why the solicitors are harassing me.

Good evening,
To be blunt if you continue to ignore companies such as Hoist you are in great danger of ending up
with a County Court Judgement by default.

Experian, Equifax and Call Credit only display data provided by creditors and the debt purchasers.

The debt purchaser inherits the rights and obligations of the agreement you signed with the original
creditor.

I am unclear as to if this is still being reported to the credit reference agencies if it is the account
must have been defaulted less than 6 years ago, defaulted accounts are removed from credit files after 6 years ( from the default date) paid or not.
What is the default date?

There has been a few instances of Barclays loan accounts Not being defaulted prior to sale, does this account show
a default date on the credit file?

nem

The date an account was first reported has no relevance to the Limitation Act 1980 6 year relevant period
for a debt becoming statute barred.

nem

[tedamuffin]

Re: Howard Cohen Solicitors/Harassment.

Hi nem

Thanks for the reply. First off, my credit history is shot any way. I never have credit off people if it is not needed. I am set for everything I need in my life. Having a CCJ (first one) on my file will not bother me. I am sick of these people thinking they can harass me for a debt-that I consider I do not owe them. If Barclays think I owe them this money, they can come get it. As for the debt-I have no knowledge of this anyway. I don't even remember taking out any loans from Barclays and I think someone else has used my details to obtain this loan. I was not even known by the name I am now, at the time the debt was supposedly taken out. Nobody has ever tried to collect this debt until 2010. So, until 2004 and then-no contact. I have lived at my present address for over 13 years and have never had anything to do with Barclays. The only date is 2004. Recent one of 2015. No paper work has ever been received by me concerning anything to do with this debt-from anyone other than these debt agencies.

[charitynjw]

Re: Howard Cohen Solicitors/Harassment.

[MENTION=55034]nemesis45[/MENTION]

Would Grace v Blackhorse assist in removing the listing?

http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/Risks_around_reporting_to_Credit_Reference_Agencie s_following_Grace_v_Black_Horse

[nemesis45]

Re: Howard Cohen Solicitors/Harassment.

@nemesis45

Would Grace v Blackhorse assist in removing the listing?

http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/Risks_around_reporting_to_Credit_Reference_Agencie s_following_Grace_v_Black_Horse

It's certainly worth a try C, with the OP stating here that no contact / payment/acknowledgment in 13 years default or no default the debt is statute barred.

I would like confirmation before " putting pen to paper" of the point on if a default was actually placed on the account.

tedamuffin can you post a redacted copy of your credit report entry for this debt please.

nem