Howard Cohen - Hoist UK - Letter of Claim

[Kim1212]

Hi,

As I am not an expert in this area I wondered if anyone on here can advise me please.

I got in to debt with an unsecured credit card in 2014 when I was financially in a difficult place.

Total debt: £2,767.17

Says written agreement 16/05/13 & legally assigned 17/09/18 and notice of assignment provided.

I have never acknowledged the debt and only contacted Robinson way once to say "can I set up a direct debit" but I am unsure if this counts as acknowledgment as I didnt say I want to pay of the debt.

Default states April 2015 on my Experian & Clear Score (but I can't remember when it actually defaulted I remember the last time it was used was August 2014)

I have moved addresses and recently received a letter of claim with an information sheet, reply form, income and expenditure form.

From what I have read if i tick the box of "Unsure" I can request them to provide me with a copy of a legible signed agreement?

How do I go about doing that?

What do I need to know/do?

Sorry I am not familiar with some abbreviations in other posts so I may need a bit further explaining! Sorry in advanca and thanks in advance too!!

I am rather panicking since opening the letter this evening!!!

[Amethyst]

Hiya xxx

Try not to worry - the letter of claim gives you some time to try and sort out any issues with the debt and/or make a settlement or instalment arrangement. It won't be statute barred if you defaulted after May 2013 so really you want to check the debt is valid and collectable so you can decide if you want to come to an arrangement or try to defend through small claims court ( which will be next step if you don't respond ( and maybe if you do) to the letter of claim.

So, you can complete the form saying you don't know if you owe the debt and require more information/ documents ( statement of account, default notice, agreement & terms, notice of assignment ) and return that to the Solicitors. Then you want to send a formal 'CCA' ( consumer credit act )request to Hoist for the agreement.

If there were any issues with the account before defaulting you could also send a 'SAR' ( Subject Access request ) to the original credit card company.

If you opened the account after 2010 then it is likely the documents will come back fine and you'll have to arrange to pay affordable installments - if course that will depend on your circumstances and if things are complicated ( other debts - particularly any priority debts like rent/council tax etc) then you might want to arrange an appt at citizens advice to go through income/expenditure ( and you can put on the form you are seeking advice) .... Send the reply form by registered delivery.

Links....

Pre-Action Letters

Income/Expenditure

CCA Request

Subject Access request

[Kim1212]

Thanks Amethyst I appreciate your knowledge and help with this!

I will request the more info and when they send it back I will agree payment plan as I do not want to go to court but need a but longer to work out what I can afford etc.

Cheers again! It can be quite a scary world when you know nothing about your standing! X