Urgent help needed - Howard Cohen Notice of Pending Legal Action

[nemesis45]

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?

The wording on the template is correct a CCA request is not an acknowledgment of liability.

CCA request to Hoist + £1 postal order for the stat fee mark the PO " For Statutory Fee Only" and send by signed for post.
Leave Payee blank.

Send a copy of the CCA request to Cohen (no fee).

nem

[whattodonow]

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

Do I need to cross the postal order?

I've written a letter to Howard Cohen saying something like 'further to my letter dated 19/01/2017, please find enclosed a copy of the letter that I have sent to your client, Hoist Portfolio Holding 2 Ltd.'

Is that ok to send, with a copy of the CCA to Hoist enclosed?

[nemesis45]

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

Do I need to cross the postal order?

I've written a letter to Howard Cohen saying something like 'further to my letter dated 19/01/2017, please find enclosed a copy of the letter that I have sent to your client, Hoist Portfolio Holding 2 Ltd.'

Is that ok to send, with a copy of the CCA to Hoist enclosed?

Yes, and no need to cross the PO/

nem

[whattodonow]

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

Right, so following on from the 'prove it' letter to Howard Cohen, I have now sent a CCA request to Hoist, and I have sent a copy of this to Howard Cohen.

I guess my next step is to just wait for their responses?

Thank you all so much for your help so far, and I will post back here as soon as I hear anything.

[nemesis45]

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

Right, so following on from the 'prove it' letter to Howard Cohen, I have now sent a CCA request to Hoist, and I have sent a copy of this to Howard Cohen.

I guess my next step is to just wait for their responses?

Thank you all so much for your help so far, and I will post back here as soon as I hear anything.

Good morning,
Yes a waiting game but please be aware Cohen/Hoist may well come back saying they have put the account " On hold" this does not mean they wont chance issuing a claim.

nem

[whattodonow]

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

Hi,

Today I have received a reply, dated 26/01, from Robinson Way (whom I never actually wrote to!), which says the following:

'We write to confirm that we have noted the dispute / query that you have raised.

We will make the necessary enquiries and let you know the outcome in due course. In the meantime we will stop all collection activity on this account.

Please let us know if we can assist further.'


Do I need to reply? I'm guessing this means that they will fail to comply with the CCA request in time? I have no idea what happens next now!

Also, just wanted to say once again, thank you so so much for all that those who help out on these forums do. I at least feel like I have a bit of breathing space now, and I can't tell you how much I appreciate your help.

[nemesis45]

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

Hi,

Today I have received a reply, dated 26/01, from Robinson Way (whom I never actually wrote to!), which says the following:

'We write to confirm that we have noted the dispute / query that you have raised.

We will make the necessary enquiries and let you know the outcome in due course. In the meantime we will stop all collection activity on this account.

Please let us know if we can assist further.'


Do I need to reply? I'm guessing this means that they will fail to comply with the CCA request in time? I have no idea what happens next now!

Also, just wanted to say once again, thank you so so much for all that those who help out on these forums do. I at least feel like I have a bit of breathing space now, and I can't tell you how much I appreciate your help.

Robinson Way has developed a shill in making CCA request as difficult as possible, one using the stat fee as payment to the debt, 2 returning the payment + if you send the request to their sister company it gets passed to RW.

What ever garbage the come up with the timescale of 12 + 2 Working days applies after which the debt is rendered unenforceable until the agreement or a compliant reconstituted one is provided.

nem

[whattodonow]

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

They're a nightmare! There's obviously been some form of communication, either between Hoist and RW or Howard Cohen and RW, as I sent the CCA request to Hoist and a copy of it to Howard Cohen, I sent nothing at all to RW directly. They haven't returned the postal order as yet.

Is the 12+2 taken from the date I sent the request? And is it 14 working days today, or 12 days plus 2 working days? If it's the latter it's been 12 days already.

So I don't reply, and just wait it out for now?

[Diana M]

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

So I don't reply, and just wait it out for now?

That's an easy (two part) question to answer

1. No you don't reply.

2. Yes you sit it out.

You served them with a valid s.77-79 CCA Request so nothing is gained by repeating yourself.

Legal proceedings have not been issued. There's been much chatter on your thread about SB possibilities with no definitive conclusion reached. The longer legal proceedings are not issued the better it is for you because once they are issued the SB clock stops ticking.

Di