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Howard Cohen Letter of claim

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  • #16
    Re: Howard Cohen Letter of claim

    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

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    • #17
      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

      Comment


      • #18
        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, 19:41:PM.

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        • #19
          Re: Howard Cohen Letter of claim

          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 [MENTION=87380]Diana M[/MENTION] 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 - - -

          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

          Comment


          • #20
            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

            Comment


            • #21
              Re: Howard Cohen Letter of claim

              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

              Comment


              • #22
                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

                Comment


                • #23
                  Re: Howard Cohen Letter of claim

                  Dulcer- sorry for confusing the issue

                  I would just do what Di suggests

                  Comment


                  • #24
                    Re: Howard Cohen Letter of claim

                    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

                    Originally posted by dulcer View Post
                    the amount is 6,870.
                    Di

                    Comment


                    • #25
                      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

                      Comment


                      • #26
                        Re: Howard Cohen Letter of claim

                        Originally posted by warwick65 View Post
                        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
                        No don't be daft, knowledge is power as they say, thank you for your help, very appreciated and thank you Di, busy day tmw, will keep you posted

                        Comment


                        • #27
                          Re: Howard Cohen Letter of claim

                          Originally posted by warwick65 View Post
                          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 agree with that

                          Di

                          Comment


                          • #28
                            Re: Howard Cohen Letter of claim

                            Originally posted by warwick65 View Post
                            Dulcer- sorry for confusing the issue

                            I would just do what Di suggests

                            You haven't confused anything

                            My point is/was it’s all about timing and the balance between asking and telling information/disclosure on the basis that a claim may well be issued once the solicitors feel that they’ve ‘gone through the motions’ of complying with Pre Action Protocol and then issue a claim regardless on Day 31.

                            My approach is from a lawyer’s perspective so ever mindful of the next step (i.e. legal proceedings).

                            Di

                            Comment


                            • #29
                              Re: Howard Cohen Letter of claim

                              Originally posted by dulcer View Post
                              knowledge is power
                              I agree with that too.

                              It’s also about what you do with the knowledge.

                              When to be silent and when to make a noise especially pre litigation.

                              Di

                              Comment


                              • #30
                                Re: Howard Cohen Letter of claim

                                Originally posted by Diana M View Post
                                I agree with that too.

                                It’s also about what you do with the knowledge.

                                When to be silent and when to make a noise especially pre litigation.

                                Di
                                Hi,

                                Been to bank I'm my dates are way out, last payment made in 2013, so 6 year sb is out of the question, I don't know what to do now, I don't want a ccj tbh, I'm beginning to think would it be best to just pay £5 pm the same as what I pay apex, any help would be most welcome

                                Comment

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