Urgent help needed - Howard Cohen Notice of Pending Legal Action

[whattodonow]

Hi,

I'm hoping I can get some help as I'm really not sure what to do! I have received a letter stating the following today:


Our Client: HPH2 LTD (Ex Barclaycard)
Account Number: *******************
Court Name: County Court of Northampton (Business Centre)
Claim Number:
Amount Due: £3,292.63

Notice of Pending Legal Action

We have been requested by our client's agent, Robinson Way Limited, to write to you regarding the above outstanding debt. Unless acceptable proposals for paying the amount you owe are received within 10 days of the date of this letter, we are instructed to issue proceedings in the County Court with a view to obtaining a County Court Judgment (their spelling mistake not mine) against you. If we issue proceedings we shall ask the Court for an order adding additional costs for legal fees, costs and interest to the amount you owe. Should the Court grant these costs then the approximate amount you will owe is as follows:

Court Fees: £185.00
Costs: £80.00
Interest: £1,496.81

The above costs are only estimates and will be calculated on the amount you owe at the time a County Court Claim is issued against you. If you do not settle the Claim shortly after Issue and the matter progresses through the Court process, then there may still be further costs to be added in relation to Court Fees, costs and interest.

Certain procedural rules govern claims in the County Court. A failure to follow those rules may result in the Court imposing sanctions for non-compliance. Details of rules relating to litigation can be found at www.justice.gov.uk/procedure-rules/civil/rules.

If you are unable to pay the full balance within 10 days, please contact our client's agent Robinson Way Limited immediately on 0345 266 8876 to discuss an affordable payment arrangement. If you are unable to pay this account you must still contact our Client's agent Robinson Way Limited to discuss your options which will prevent legal action from being taken. Failure to respond to this letter will result in legal proceedings being issued without further notice.

Please see the reverse of this letter for details of how to make payment towards the above account.

Yours Faithfully,


Howard Cohen & Co.



This letter is dated the 12th and I have only received it today, so I suspect that is sneaky delayed posting on their part. As it is now almost 10 days since the date on the letter I want to respond ASAP, hopefully tomorrow. I'm assuming that this is not just a hollow threat? I have been reading as much as I can on these forums but I'm left totally confused. Is it a CPR request I need to send? And if so to whom? I had a look at the template for this but I have no idea what to include as it said if they haven't mentioned certain things, I can't request them etc. etc. Could some please tell me what I need to write? I will be eternally grateful! And is there anything else I need to do?

For what it's worth, I'm not sure that I even had a Barclaycard, although it is possible, but I thought it was a Barclayloan I had. I am also 99.99% certain that it is over 6 years since I defaulted. I have no paperwork, as I have been divorced since then and I am sure my ex-husband will not have kept the paperwork.

Thank you so so much in advance! Knowing there are people there who are willing to help makes this slightly less terrifying!

[charitynjw]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

Hi whattodonow & welcome to LB.

IMHO
Do not phone them.
Everything from now on should be in writing with proof of postage.
As it is a Letter Before Claim, you should respond.
I would send one of @Debt Camel's 'prove it' letters.
http://debtcamel.co.uk/prove-it/
Tweak it to include the fact that their letter date 12th Jan was not received by you until the 18th Jan.
Do you still have the envelope? If not, it's a good idea to keep them for evidence.

[whattodonow]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

Hello, and thank you for your quick reply, it really does mean a lot! I do have the envelope but it doesn't seem to have anything on it which proves the date on which it was sent unfortunately. As I believe that the debt may be more than 6 years old, does writing to the solicitor 'reset the clock' in any way? I'm just worried as I know it's something like 6 years since the default or the last time they have contact from you. On the Debt Camel prove it link it says don't respond if it is over 6 years. The thing is I can't be 100% certain, and I'm not sure how I'd ever know unless they can send me proof!

[charitynjw]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

Hello, and thank you for your quick reply, it really does mean a lot! I do have the envelope but it doesn't seem to have anything on it which proves the date on which it was sent unfortunately.
If it has a bar code, that is readable.
As I believe that the debt may be more than 6 years old, does writing to the solicitor 'reset the clock' in any way? I'm just worried as I know it's something like 6 years since the default or the last time they have contact from you. On the Debt Camel prove it link it says don't respond if it is over 6 years. The thing is I can't be 100% certain, and I'm not sure how I'd ever know unless they can send me proof!

A prove it letter doesn't reset the SB clock unless you actually admit that you are liable for the debt.
You do need to find out exactly what the alleged debt is for, because it can make a difference to SB (ie the date on which the cause of action accrued)

[Diana M]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

The obvious thing to do is immediately send a s.77-79 CCA Request to Hoist with a copy to Howard Cohen asap. This forum has a template letter that their members use which someone can link you to.

Dont faff about with a prove it letter or anything else, just send the CCA Request which will protect your legal position. Until they comply with your statutory request the debt will be unenforceable in court.

The Statute Barred issue is something which can be explored manana but get the CCA Request in the post (Royal Mail Recorded Delivery).

That way you may have at least two legal arguments to run with if they issue legal proceedings (sadly they almost always do).

That letter is not a hollow threat.

Di

[Diana M]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

I'm not sure that I even had a Barclaycard, although it is possible, but I thought it was a Barclayloan I had.

I expect Howard Cohen aren't sure you even had a Barclaycard not a loan either.

That's why I suggested that you send s 77 - 79 CCA Request so you won't be helping them by giving any clues or hints as to what the debt was originally. (s. 78 relates to credit cards and s. 77 relates to loans).

Keep them guessing

Di

[charitynjw]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

The CCA request template is at the top of this thread in the green box.

[whattodonow]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

Thank you for your replies! So I should send the following, copies to both Hoist (with £1 postal order) and Howard Cohen? Does this not count acknowledging the debt? As it refers to 'my' credit agreement etc.? I'm just worried about acknowledging it when it may not be correct, and may even be statute barred. Also, what is it I have to write on the postal order so that they can't treat it as a payment? And who do I write the postal order out to? Sorry for all the questions! Just keen to get to the post office and start this process, now that I feel like I can actually do something!

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


YOUR NAME

[whattodonow]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

Hi,

I had a panic about leaving it too late to respond, and was really worried that the CCA request would appear as if I am acknowledging the debt, so I have sent a 'prove it' letter, recorded delivery. I thought I can always send the CCA as a follow up once the issue of whether it would equal acknowledgement is cleared up.

I have also checked my credit report with Equifax. This amount (£3292) is on there twice (is this normal?), once as 'Credit Card from Barclaycard Centre', and once as 'Hoist Portfolio Holding 2 Limited'. The details of each are:

Barclaycard
Status: Settled
Default/delinquent balance: £3,292
Start date: 01/12/2005
Date satisfied: 08/06/2011
Default date: 08/06/2011
It then says that the last payment made was Oct 2010, and the following:
Oct 2010 - 1 payment late
Nov 2010 - 2 payments late
Dec 2010 - 3 payments late
Jan 2011 - 4 payments late
Feb 2011 - 5 payments late
Mar 2011 - 6 payments late
Apr 2011 - 6 payments late
May 2011 - 6 payments late
Jun 2011 - defaulted
July 2011 - settled

The Hoist account doesn't contain as much information, much of it is blank:

Hoist
Status: Defaulted
Default/delinquent balance: £3,292
Start date: 01/12/2005
Default date: 25/05/2011
May 2011 - defaulted

They both have different default dates, but looking at the Barclays payment history, surely the default date should have been sooner, not 8 months after the last payment? Is it literally up to them to pluck a default date out of the air? And how could the default dates be different? I'm assuming that Barclaycard says settled because the debt was bought by collection agent? I'm even more confused now!

[nemesis45]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

Hi,

I had a panic about leaving it too late to respond, and was really worried that the CCA request would appear as if I am acknowledging the debt, so I have sent a 'prove it' letter, recorded delivery. I thought I can always send the CCA as a follow up once the issue of whether it would equal acknowledgement is cleared up.

I have also checked my credit report with Equifax. This amount (£3292) is on there twice (is this normal?), once as 'Credit Card from Barclaycard Centre', and once as 'Hoist Portfolio Holding 2 Limited'. The details of each are:

Barclaycard
Status: Settled
Default/delinquent balance: £3,292
Start date: 01/12/2005
Date satisfied: 08/06/2011
Default date: 08/06/2011
It then says that the last payment made was Oct 2010, and the following:
Oct 2010 - 1 payment late
Nov 2010 - 2 payments late
Dec 2010 - 3 payments late
Jan 2011 - 4 payments late
Feb 2011 - 5 payments late
Mar 2011 - 6 payments late
Apr 2011 - 6 payments late
May 2011 - 6 payments late
Jun 2011 - defaulted
July 2011 - settled

The Hoist account doesn't contain as much information, much of it is blank:

Hoist
Status: Defaulted
Default/delinquent balance: £3,292
Start date: 01/12/2005
Default date: 25/05/2011
May 2011 - defaulted

They both have different default dates, but looking at the Barclays payment history, surely the default date should have been sooner, not 8 months after the last payment? Is it literally up to them to pluck a default date out of the air? And how could the default dates be different? I'm assuming that Barclaycard says settled because the debt was bought by collection agent? I'm even more confused now!

The two entries show the true picture of the conduct of the account it's not two defaults the original creditors entry is marked " settled" after the purchase by a debt purchaser.
The Information Commissioners Office " guidance " on defaults say defaults Should be placed within 6 months of the reason for defaulting the account but a couple of months is not significant.

The default notice issue date is not the same as the one on which the default was registered with credit reference agencies.

nem

[Diana M]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

You've received a Letter Before Claim dated 12th January which clearly states that they will issue legal proceedings "without further notice" if you don't play ball in 10 days (i.e. Sunday).

Ask yourself have you done enough to protect your legal position?

Once a claim is issued (hopefully not) you have things you can do, but the legal juggernaut will have started to roll.

Di

[Diana M]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

I'm just worried about acknowledging it when it may not be correct, and may even be statute barred

You say this debt MAY be Statute Barred. This means you're not sure.

I don't know either, but what I can say is if it's borderline datewise then a county court summons may knock that on the head because the SB clock stops ticking once a claim is issued.

Di

[whattodonow]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

Hi nemesis - What did you mean by 'a couple of months is not significant'? Sorry,I just really want to make sure I understand everything. When you say that the default notice issue date is not the same as the one on which the default was registered with credit reference agencies, does this mean it is likely to be earlier? I just can't believe that they would have waited 8 months without payment before issuing a default notice.


Hi Diana,

I feel like I've messed things up now! They have been very clever in their dating of the letter, because it has meant that I have had to respond before I can fully understand what I need to do. I really have no clue, and I've searched and read as much as I can in the very short time I've had, but it's a minefield of terminology, and the more I read the more confused I get.

My concern in sending the CCA is that in some places I have read that this amounts to acknowledging the debt, which I am really hesitant about, firstly because I thought I had taken a Barclayloan not a Barclaycard, so I would genuinely like to see some proof so that I can see whether I am liable for what they are claiming and the amounts that they are claiming, and second because it may be statue barred, and in which case, acknowledging it is the last thing I believe I should be doing, from what I have read.

Should I still send a CCA request to HPH2? I guess I could send one tomorrow and it might get there in time. Can anyone clarify whether or not a CCA request could be used as an acknowledgement of the debt?

Any other help is much appreciated!

[charitynjw]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

A default entry on a Credit Reference Agency is, in practice, a fairly arbitrary date.
It reflects the date which the creditor (or more usually the new purchaser of the debt) decides to inform the CRA.
However, if the actual date of the default is different to that which is published, you can challenge the accuracy.
There is no legal requirement for this type of 'default notification' to be entered on a credit file.

A s87 Consumer Credit Act Default Notice is very different.
It is a statutory requirement (for regulated agreements such as yours) & must be in a prescribed format & sent to you before the agreement can be terminated. It must inform you why the agreement is in default & allow you time to remedy the breach.

I have never seen a creditor/debt purchaser say that a CCA request is acknowledgement of a debt.
I'm confident that, if they could, they would! (As long as there is no express acknowledgement in the request, of course).

[whattodonow]

Re: Urgent help needed - Howard Cohen Notice of Pending Legal Action

A few questions:

1. So should I send the CCA request now? And do I send this to Hoist, not Howard Cohen?
2. In the CCA letter template in one of my previous posts there is a line 'Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.' Could I change this to 'my alleged Consumer Credit Agreement...', or is there another way I could word it? Or could I include some sort of sentence to say that I do not acknowledge the debt?
3. What is it that I have to write on the Postal Order, and how do I cross it?
4. Who do I make the postal order out to?