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Hello,
I wonder if anyone could give me some advice with how to respond to Robinson Way taking £1 I sent for photocopying costs to their solicitors Howard Cohen & Co. and which they are now claiming as a payment on a debt account I am in dispute with them about?
For a while Robinson Way had been chasing me for a debt owed to HPH2 Ltd, a debt they had bought from Barclaycard. I did have a Barclaycard which I have not made a payment toward since mid 2011.
Earlier this month I recieved a letter from Howard Cohen solicitors threatening to issue proceedings in the County Court if I didn't respond within 10 days, the letter arrived with only 2 of the 10 days remaining so I wasn't able to ask for advice here but after looking through the forums I adapted a letter [see below] which Flaming Parrot had suggested for someone else, and sent it special recorded delivery to Howard Cohen.
"Thank you for your letter dated the 6th January 2015, which I recieved on the 14th January 2016, the contents of which I have noted.
As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to "enable the parties to settle the issues between them" and to encourage the parties to "exchange information".
Paragraph 2.2 (1) of Annex A states you have an obligation to "list the essential documents on which the Claimant intends to rely". I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.
Paragraph 3.2 (3) of Annex A allows me to "request further information to enable me to provide a full response". My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should "provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided".
I require copies of the following:
The original credit agreement;
The Default Notice;
The Termination Notice;
The Notice of Assignment;
Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77-79 on 15/01/2016 and I am awaiting a response. I enclose a postal order for £1.00 for reasonable copying costs.
I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me."
With the letter I sent a postal order, crossed, and made payable to Howard Cohen & Co, and wrote upon it "For statutary payments only", as you can see from the letter above I made it clear that the postal order was for copying costs and not a payment toward the disputed debt.
Yesterday I recieved a letter from Robinson Way noting my dispute/ query; stating that they would make the necessary enquiries and stopping all collection activity.
However today, 28th January, I have recieved another letter from Robinson Way "in which they acknowledge your payment of £1 which was credited to your account. Your updated outstanding balance is shown above".
It seems to me that they have deliberately misused the postal order that I have sent to attempt to show that I have acknowledged this debt and to prevent me from attempting to have this debt statute barred at some time in the future.
If anyone could advise me on how I should respond to their misappropriating this money I would be very grateful. Also, if the letter I sent to Howard Cohen was correct and if their was anything else I should do.
Many thanks,
Eternal Ostrich
I wonder if anyone could give me some advice with how to respond to Robinson Way taking £1 I sent for photocopying costs to their solicitors Howard Cohen & Co. and which they are now claiming as a payment on a debt account I am in dispute with them about?
For a while Robinson Way had been chasing me for a debt owed to HPH2 Ltd, a debt they had bought from Barclaycard. I did have a Barclaycard which I have not made a payment toward since mid 2011.
Earlier this month I recieved a letter from Howard Cohen solicitors threatening to issue proceedings in the County Court if I didn't respond within 10 days, the letter arrived with only 2 of the 10 days remaining so I wasn't able to ask for advice here but after looking through the forums I adapted a letter [see below] which Flaming Parrot had suggested for someone else, and sent it special recorded delivery to Howard Cohen.
"Thank you for your letter dated the 6th January 2015, which I recieved on the 14th January 2016, the contents of which I have noted.
As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to "enable the parties to settle the issues between them" and to encourage the parties to "exchange information".
Paragraph 2.2 (1) of Annex A states you have an obligation to "list the essential documents on which the Claimant intends to rely". I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.
Paragraph 3.2 (3) of Annex A allows me to "request further information to enable me to provide a full response". My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should "provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided".
I require copies of the following:
The original credit agreement;
The Default Notice;
The Termination Notice;
The Notice of Assignment;
Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77-79 on 15/01/2016 and I am awaiting a response. I enclose a postal order for £1.00 for reasonable copying costs.
I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me."
With the letter I sent a postal order, crossed, and made payable to Howard Cohen & Co, and wrote upon it "For statutary payments only", as you can see from the letter above I made it clear that the postal order was for copying costs and not a payment toward the disputed debt.
Yesterday I recieved a letter from Robinson Way noting my dispute/ query; stating that they would make the necessary enquiries and stopping all collection activity.
However today, 28th January, I have recieved another letter from Robinson Way "in which they acknowledge your payment of £1 which was credited to your account. Your updated outstanding balance is shown above".
It seems to me that they have deliberately misused the postal order that I have sent to attempt to show that I have acknowledged this debt and to prevent me from attempting to have this debt statute barred at some time in the future.
If anyone could advise me on how I should respond to their misappropriating this money I would be very grateful. Also, if the letter I sent to Howard Cohen was correct and if their was anything else I should do.
Many thanks,
Eternal Ostrich
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