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  1. #1
    dulcer's Avatar

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    Default Howard Cohen Letter of claim

    Hi

    I'm really worried I received a letter of claim today from Howard Cohen Soilcitors, the debt is a Barclaycard one from when I was supper silly, I really believe the debt is statue barred, but I really don't know on how to respond to the letter of claim, . should I request a cca or is that too late please if someone is out there id love some advice please

    Thank you

  2. #2
    Diana M's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by dulcer View Post
    I received a letter of claim today from Howard Cohen Soilcitors, the debt is a Barclaycard one from when I was supper silly, I really believe the debt is statue barred, but I really don't know on how to respond to the letter of claim, . should I request a cca or is that too late
    Yes, send a s 77-79 CCA Request to Hoist with a copy to Howard Cohen (at least I assume the debt owner is Hoist).

    Then post a bit of background to the debt such as when did you open the account and how much are they chasing.

    Was there PPI?

    You have 30 days to reply to the Letter Before Claim so take some time to analyse the situation first.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  3. #3
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    thank you Di,

    the debt is from Barclaycard it was from 2011, I did make a claim on the ppi, but Barclaycard had already sold the debt on, I really was upo against it financially, the account is from 10.05.01 so I should send the cca request bof soon as

  4. #4
    Diana M's Avatar

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    Default Re: Howard Cohen Letter of claim

    Definitely send the CCA Request asap then if they don't comply within the statutory timeframe allowed the debt would become unenforceable in court unless or until they do.

    This could mean that when you do reply to the Letter Before Claim you may be in a position to tick the box which says you dispute the debt.

    You also think the debt may be statute barred so when do you believe you made your last payment and when did you receive a Default Notice (if you did)?

    I wouldn't tell them it's SB at this stage until you are 100% certain it is otherwise they may immediately issue a claim to beat the SB clock if it's imminent. Do your homework first.

    Send a Subject Access Request to Barclaycard to get the full history of the debt so you're one step ahead of them.

    How much are they chasing you for? And was it a Barclaycard from the outset or could it have been something else such as Egg or Morgan Stanley Dean Witter etc?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Diana M's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by dulcer View Post
    the debt is from Barclaycard it was from 2011, I did make a claim on the ppi, but Barclaycard had already sold the debt on, I really was upo against it financially, the account is from 10.05.01
    Can you just clarify if the account was opened in 2001 or 2011.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  6. #6
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    HI Di

    Thank you so much for your replies, the original card was morgan Stanley which then became Barclaycard, default was issued around 2008 2009, I began to pay £5 pm but stopped paying around 2011 as I was going through the mincer, so ill send the cca request tmw, but what shall I do with the letter of claim, I have 30 days to reply. the amount is 6,870. shall I wait for the company to reply to mine,

    Kindest regards

    Dale

  7. #7
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    hi
    the account was opened in 2001

  8. #8
    Diana M's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by dulcer View Post
    HI Di
    Thank you so much for your replies, the original card was morgan Stanley which then became Barclaycard, default was issued around 2008 2009, I began to pay £5 pm but stopped paying around 2011 as I was going through the mincer, so ill send the cca request tmw, but what shall I do with the letter of claim, I have 30 days to reply. the amount is 6,870. shall I wait for the company to reply to mine,
    One step at a time.

    As I said you need to establish whether you have a dispute first. Send the CCA Request and make a note in your diary of when the 30 days expires.

    A Letter Before Claim is an obligation on the creditor to do certain things before they can issue a claim. You need to be careful how you handle the response (if any) because some solicitors may use it as a fishing exercise to get information from you which can be used to support any future claim.

    For example don't tell them this was a Morgan Stanley Dean Witter account before it was Barclaycard because I doubt they know that

    Is there any way you can check when you made that last payment in 2011? Maybe you still have the same bank account where the payments came from. The SAR should confirm that anyway.

    If the Statute Barred date is touch and go then they may issue a claim regardless because the new Pre Action Protocol (30 day letter) doesn't prevent them from doing that.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #9
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    Hi Di,

    Thank you again for your swift response, I will be sending letters to Cohen solicitors, robinson way and hoist holdings, I will also request the SAR from barclaycard, which was originally morgan stanley (2001). I have asked barclaycard for my cca, what else should I ask for, and also I will be checking with nat west tmw to see when I last made a payment (hopefully 6 years ago), would you recommend anything else I should do, I'll

  10. #10
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    HI Di

    this is the letter I will be sending would it be ok, I promise not to bother any more (tonight)

    Date: December 5th 2017

    I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

    F.A.O: [Customer contact manager]

    Dear Sir,

    Account/Ref No: XXXXXXX

    With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

    I understand that under the Consumer Credit Act 1974 [sections 77-79], I am are entitled to receive a copy of any credit agreement and a statement of account on request.

    I enclose a payment of £1.00 Postal Order, which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request.

    I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

    I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
    * You may not add further interest or any charges to the account.
    * You may not pass the account to a third party.
    * You may not register any information in respect of the account with any credit reference agency.
    * You may not issue a default notice related to the account.
    * You may not issue a court summons.

    You should also be aware that unless or until you provide me with the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

    7.3.18: A firm must not threaten to commence court action, including an
    application for a charging order or (in Scotland) an inhibition or an order
    for sale, in order to pressurize a customer in default or arrears difficulties
    to pay more than they can reasonably afford.

    7.11.6: A firm must not suggest or state that action can or will be taken when
    legally it cannot be taken.

    Also, please note the following:

    1.8 This guidance note, published pursuant to Section 4 of the Consumer
    Credit Act 1974 ('the Act'), provides guidance to businesses in relation
    to their duties (under regulated consumer credit and consumer hire
    agreements) to give debtors and hirers copy documents and statements
    of account on request under Sections 77(1), 78(1) and 79(1) of the
    Act. The Act refers to the duty of the creditor and owner under these
    sections as being one to give information and this guidance will refer to
    requests made under these sections as 'information requests'.

    1.9 The sanction under the Act for non-compliance with an information
    request is unenforceability of the credit or hire agreement for so long as
    the creditor or owner fails to comply with his duty.

    3 Where there is such a failure, the courts have no discretion to allow enforcement.

    I look forward to hearing from you within the allotted time scale.


    Yours faithfully.
    Last edited by Kati; 5th December 2017 at 11:20:AM.

  11. #11
    warwick65's Avatar

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    Default Re: Howard Cohen Letter of claim

    Hi

    Personally I would keep it much simpler than that for now

    With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
    I understand a copy of our credit agreement should be supplied within 12 working days.
    I look forward to hearing from you.
    These firms know exactly what their duties are with S78 and also know what it means if they can not comply

    Is it Hoist who own the debt now?
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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    Diana M's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by warwick65 View Post
    Is it Hoist who own the debt now?

    Yes, according to post # 9

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  13. #13
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by warwick65 View Post
    Hi

    Personally I would keep it much simpler than that for now



    These firms know exactly what their duties are with S78 and also know what it means if they can not comply

    Is it Hoist who own the debt now?
    Yes it is hoist portfolio

    - - - Updated - - -

    Yes it's hoist portfolio

  14. #14
    warwick65's Avatar

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    Default Re: Howard Cohen Letter of claim

    Sorry missed that
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  15. #15
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by warwick65 View Post
    Sorry missed that
    Hi, just let the very kind people who have offered advice know, I'm going into bank tmw to see exactly when I stopped paying, if it is 6 years or more I will send the statue barred letter, just one last question, I have the also the cca request ready to go also, when would I need to send the letter before claim back, shall I wait the 14 days for they're reply, chances are they won't reply, so then send it saying tick the dispute it without filling any details out

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    Diana M's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by dulcer View Post
    I'm going into bank tmw to see exactly when I stopped paying, if it is 6 years or more I will send the statue barred letter
    I wouldn't send a letter saying the debt is Statute Barred just yet even if the last payment was over six years ago, since it's not only the last payment that dictates that. It can be the remedy date of a Default Notice or even the date the account was terminated (depending on which DJ you get).

    Do some research first because once you tell them it's SB they may issue a claim to beat the clock while they check the facts their end.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  17. #17
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    Thanks Di again! Ok so I will send the cca 1st regard less if statue barred, but do I send form back with the dispute the money owed after 14 days of my request, thank you for helping

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    Default Re: Howard Cohen Letter of claim

    Hi
    I think what Di is saying is that they have given you a date for filling in and returning the form - you do need to do that

    Sending the CCA request is a separate issue - do that anyway and send to Hoist at the address you have for them

    There is some dispute amongst members as to what to ask for and what to tick.
    My thought is to tick D ( the box that says I dispute this debt)

    If you are going to ask for documents , then ask them for the default notice, the notice and Deed of assignment and the agreement @Diana M may say otherwise and if she does I bow to her expertise but you must respond saying you dispute the debt
    Last edited by warwick65; 5th December 2017 at 19:41:PM.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  19. #19
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by warwick65 View Post
    Hi
    I think what Di is saying is that they have given you a date for filling in and returning the form - you do need to do that

    Sending the CCA request is a separate issue - do that anyway and send to Hoist at the address you have for them

    There is some dispute amongst members as to what to ask for and what to tick.
    My thought is to tick D ( the box that says I dispute this debt)
    If you are going to ask for documents , then ask them for the default notice, the notice and Deed of assignment and the agreement @Diana M may say otherwise and if she does I bow to her expertise but you must respond saying you dispute the debt
    Thank you Warwick 65, when u say tick box d it says why do I dispute the debt, what would you recommend I say, I don't want to write something wrong

    - - - Updated - - -

    Quote Originally Posted by dulcer View Post
    Thank you Warwick 65, when u say tick box d it says why do I dispute the debt, what would you recommend I say, I don't want to write something wrong

    Also do I fill in my financial statement sheet, I really appreciate the help thank you

  20. #20
    warwick65's Avatar

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    Default Re: Howard Cohen Letter of claim

    Hi
    No do not fill in the financial statement under any circumstances

    When you tick the box you do not need to give a reason just tick the box that says I dispute this

    Remember it is for them to prove that you do owe the debt.



    I am not sure just how much they say you owe and again that might make a difference as to how you handle it - for example if it is a few hundred you might- and I stress might- decide that it is worth making some sort of offer just so you can get on with your life , however if it is several thousand you may want to fight this

    Another thing to remember , even if they do issue a claim, there are many options available to you from a full settlement to agreeing regular payments that are affordable to fully defending the claim and defeating them.

    I am not exactly sure which version of hoist say they own the debt but I think there may be problems about licences with some of them- that however is something I can not help you with as i wouldn't know how to argue it
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  21. #21
    Diana M's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by dulcer View Post
    Thanks Di again! Ok so I will send the cca 1st regard less if statue barred, but do I send form back with the dispute the money owed after 14 days of my request, thank you for helping
    As I've said, send the s.78 CCA Request and that's all you should be doing at this moment in time.

    I also suggested you send a Subject Access Request to Barclaycard.

    You can't yet predict what you'll be saying (or not) in response to the Letter Before Claim because there are too many unknowns at present.

    Make a note of when the 30 days is up - that's all for now.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  22. #22
    dulcer's Avatar

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    Default Re: Howard Cohen Letter of claim

    Thank you warwick65, I shall send it off, I'm hoping the bank will come up trumps tmw with regards to the last payment I made, with a statued barred in my boxing glove i may be able to punch a little harder, thank you, it's 6k I am accused of owing

  23. #23
    warwick65's Avatar

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    Default Re: Howard Cohen Letter of claim

    Dulcer- sorry for confusing the issue

    I would just do what Di suggests
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  24. #24
    Diana M's Avatar

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    Default Re: Howard Cohen Letter of claim

    Quote Originally Posted by warwick65 View Post
    I am not sure just how much they say you owe and again that might make a difference as to how you handle it - for example if it is a few hundred you might- and I stress might- decide that it is worth making some sort of offer just so you can get on with your life , however if it is several thousand you may want to fight this
    £6,870 approximately according to post # 6

    Quote Originally Posted by dulcer View Post
    the amount is 6,870.
    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  25. #25
    warwick65's Avatar

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    Default Re: Howard Cohen Letter of claim

    Thanks @Diana M

    I do have trouble reading blocks of text - no ones fault just the way it is - which is why I tend to post with lots of mini paragraphs

    Anyway I will leave this alone now as i think all I have done is confuse the issue
    @dulcer - I recommend you ignore what I have said and stick with Di's advice- more considered than mine, I tend to jump in both feet first
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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