Robinson way - failure to comply with CCA request as claim issued

[Clydey]

Hi all. This site is so helpful and we are so grateful for it, am just hoping you can help with this query.

Received a claim form issued by howard cohen after stupidly ignoring chaser letters from debt company. The claim seems standard, no copy of agreement or deed of assignment provided etx. After reading this site i have acknowledged service, sent a part 18/31.14 request to howard cohen and a cca request to robinson way using the templates on here.

No defence has been filed yet but one will be before the deadline in accordance with the guidelines on this site.

Anyway, no response has been received from howard cohen however robinson way have replied returning the cheque for £1 and saying that as a defence has been filed (it hasnt) "all documents will be requested by our client's solicitor Howard Cohen & Co as part of this process".

I don't know whether this response is allowed and a valid response within the law and can see no reference on this site to people receiving similar responses.

Does anyone have any experience or any views?

Much appreciated.

[nemesis45]

Re: Robinson way - failure to comply with CCA request as claim issued

Hi all. This site is so helpful and we are so grateful for it, am just hoping you can help with this query.

Received a claim form issued by howard cohen after stupidly ignoring chaser letters from debt company. The claim seems standard, no copy of agreement or deed of assignment provided etx. After reading this site i have acknowledged service, sent a part 18/31.14 request to howard cohen and a cca request to robinson way using the templates on here.

No defence has been filed yet but one will be before the deadline in accordance with the guidelines on this site.

Anyway, no response has been received from howard cohen however robinson way have replied returning the cheque for £1 and saying that as a defence has been filed (it hasnt) "all documents will be requested by our client's solicitor Howard Cohen & Co as part of this process".

I don't know whether this response is allowed and a valid response within the law and can see no reference on this site to people receiving similar responses.

Does anyone have any experience or any views?

Much appreciated.

Good morning, welcome.

This is typical Robinson Way/ Cohen attempt to avoid compliance with a CCA request.

A defence being filed does not preclude a CCA request anyway.

I suggest returning the CCA request to Robinson Way reminding them that no defence has yet been filed and now require compliance within 7 days considering that they have already had adequate time to comply and the alleged debt remains unenforceable until the agreement is produced.

Also say that their conduct regarding the CCA request will be brought to the attention of the court.

Address to Najib Nathoo CEO Robinson Way and send a copy to Cohen.

Use signed for post check delivery date and signature.

Keep all correspondence so you can refer to it when writing your defence.

nem

[Clydey]

Re: Robinson way - failure to comply with CCA request as claim issued

Thank you so much for taking the time to help. Much appreciated. Will do as you recommend.

[nemesis45]

Re: Robinson way - failure to comply with CCA request as claim issued

Thank you so much for taking the time to help. Much appreciated. Will do as you recommend.

Always happy to help!

Please do not hesitate to come back if you need further help.

nem

[Diana M]

Re: Robinson way - failure to comply with CCA request as claim issued

Received a claim form issued by howard cohen after stupidly ignoring chaser letters from debt company. The claim seems standard, no copy of agreement or deed of assignment provided etx. After reading this site i have acknowledged service, sent a part 18/31.14 request to howard cohen and a cca request to robinson way using the templates on here.

No defence has been filed yet but one will be before the deadline in accordance with the guidelines on this site.

Anyway, no response has been received from howard cohen however robinson way have replied returning the cheque for £1 and saying that as a defence has been filed (it hasnt) "all documents will be requested by our client's solicitor Howard Cohen & Co as part of this process".

I don't know whether this response is allowed and a valid response within the law and can see no reference on this site to people receiving similar responses.

Does anyone have any experience or any views?

These are my views since you ask

Who is the Claimant? The Robinson Way and Howard Cohen combo is mostly active on behalf of Hoist Portfolio.

You've sent a valid CCA Request with the statutory £1 fee. They have not complied but have acknowledged receipt of your request by sending back the £1 postal order. I see no reason for you to chase them. While the Claimant is in default of your request the debt cannot be enforced in court. Nothing is gained by starting an argument with their CEO. This might only prompt them to try harder to find the documents.

I expect their reference to your Defence already being filed is simply the wrong template letter and/or a sign of admin chaos. You can refer to that (and any other conduct issues) in your Witness Statement if things get that far.

Sometimes when a claim has been issued the 'less is more' principle applies. Let them make their mistakes and you file them away safely for when you might need them.

What is the debt and who was the original creditor. Is it a credit card, loan, overdraft or something else? What year was the account opened (before April 2007 could be helpful)?

Finally what is the issue date on the summons and how much is being claimed?

Di