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Thread: ***DISCONTINUED**claim from howard cohen and co

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  1. #51
    Amethyst's Avatar

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    Default Re: claim from howard cohen and co

    Quote Originally Posted by jobe1972 View Post
    Just a update I was due in court today I wasnt gonna go as it wasnt my local court so couldnt get there... I had resigned myself to losing and was once i received the verdict was ready to just go bankrupt with a ccj hanging over me my credit was destroyed anyway...

    But yesterday i got a email from howard cohen and co with a notice of discontinuance

    Well that's a relief Congratulations.


    Ahh crossed posts two tics
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  2. #52
    Amethyst's Avatar

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    Default Re: claim from howard cohen and co

    Quote Originally Posted by jobe1972 View Post
    i confirmed it with the courts on the 31st as i was due in court that day and i have also had the paperwork through now from cohen ..i did have a question though well a couple... i now assume there isnt much that can now be done as it was vacated the clock on it being statue barred continues as if the court action never took place...last payment was october 2011 a token payment...so as of november it would of been no payment for 6 years..
    Indeed I expect in 4/5 months you'll be home dry. For them to bring a new claim on this same cause of action ( debt) they would have to apply to the court for permission as you had already defended.... so that should be the end of it anyway

    Quote Originally Posted by jobe1972 View Post
    I also have another debt same card company same debt agency chasing it but once they started court proceddings they did nothing so its just hanging there and as such the clock on it becoming statue barred is frozen that card would of run out the same time as the vacated one...my question is what can i do about that one as i dont like it just sitting there can i apply to the courts next year when it would of well and truely been statue barred to have the stay removed so it can run out
    Okay so this is in court but on hold as they didn't provide documents or reply to your defence ? You know they could pick it up if they find documents - so you could apply to have it struck out - now based on lack of documents and abuse of process - or leave it sitting there. The problem with leaving it until it is statute barred is it wouldn't go statute barred as the claim was made within the time limit - only if it was struck out/discontinued could you then claim it to be statute barred. How long has it been on hold for now??

    I'd give your self a little bit of a break though first.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  3. #53
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    Default Re: claim from howard cohen and co

    Quote Originally Posted by Amethyst View Post
    Indeed I expect in 4/5 months you'll be home dry. For them to bring a new claim on this same cause of action ( debt) they would have to apply to the court for permission as you had already defended.... so that should be the end of it anyway



    Okay so this is in court but on hold as they didn't provide documents or reply to your defence ? You know they could pick it up if they find documents - so you could apply to have it struck out - now based on lack of documents and abuse of process - or leave it sitting there. The problem with leaving it until it is statute barred is it wouldn't go statute barred as the claim was made within the time limit - only if it was struck out/discontinued could you then claim it to be statute barred. How long has it been on hold for now??

    I'd give your self a little bit of a break though first.

    the first claim for the discontinued debt was applied for in febuary 2017 that one has now been discontinued and will be statued barred if my math is right by the end of this month thats 6 years without payment..which i beleive is how it works from what i have read as the default date online differs to this and says febuary 2012


    the still pending claim was started in april 2017 i sent my defence in by may and they didnt respond i thought maybe they left it sitting till they seen how the discontinued claim went as it was the same credior BARCLAYCARD for both debts (by the way there the only two defaults i have so both them going would clear my credit file for me to rebuild my credit) hence why i am eager to get rid of them as my only choice with a ccj was bankrupcy..

    the default date for that one is march 2018 but again last payment to that was October 2011 so again if they hadnt started proceddings would run out of time in november also it was a sly trick to freeze time on it

    My argument would be if they hadnt of not replied within the time limit this would of been allocated to the courts and dealt with but as this was fast approaching it being statue barred they have frozen it in time and if it hadnt of been frozen it would now be statue barred( this is the argument i would use after it would of been statue barred) i cant see this one running any different to the one thats been discontinued as they had the documents for that one

  4. #54
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    Default Re: ***DISCONTINUED**claim from howard cohen and co

    was hoping for some help in regards to the above but its been over a month and no reply both debts would now be statue barred if they had run there natural course ..one was discontinued so thats gone ...but the other is in limbo in the court system as nothing was done to it since my defence was sent in so what are my options anyone please

  5. #55
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    Default Re: ***DISCONTINUED**claim from howard cohen and co

    I can’t see any background of this debt which makes it difficult to make suggestions on your next step (if any).

    No two claims are the same even if the Claimant is the same.

    You say the claim was issued in May this year and became stayed after you filed your Defence. It was a Barclaycard? In order to take a view on the likelihood of it remaining stayed or coming back to life when documentation is sourced or reconstituted depends on a number of factors.

    So here come the questions:

    When was the account opened and how (online, in branch, response to an invitation letter etc)?

    Was it a Barclaycard from the outset or was it an Egg or Morgan Stanley Dean Witter credit card etc?

    How much is the claim?

    Was there PPI on the account?

    Have you sent a Subject Access Request to Barclaycard to see what information has been retained by them?

    Also post/type up the Particulars of Claim (with anything which could identify you removed).

    (Unless you already have a thread about this claim somewhere else on the forum?).

    I also see a reference to you considering bankruptcy as an option, why would that be?

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

    This forum’s site rules don’t 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. #56
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    Default Re: ***DISCONTINUED**claim from howard cohen and co

    So here come the questions:

    When was the account opened and how (online, in branch, response to an invitation letter etc)?

    Opened july 2003 according to credit report already had existing barclaycard so would of been through mail offer

    Was it a Barclaycard from the outset or was it an Egg or Morgan Stanley Dean Witter credit card etc?Yes always barclaycard


    How much is the claim? around £5600

    Was there PPI on the account? dont belive so all ppi has been claimed on al accounts

    Have you sent a Subject Access Request to Barclaycard to see what information has been retained by them? Yes as i requested it for the other account they had to send me everything they had

    Also post/type up the Particulars of Claim (with anything which could identify you removed). Will have to find teh paperwork but its more or less word for word of the discontinued one except they didnt put a claim in for interest on this one

    (Unless you already have a thread about this claim somewhere else on the forum?).

    I also see a reference to you considering bankruptcy as an option, why would that be?debt before i won i wouldnt been able to pay if a judgement had been made against me and the only way to stop baliffs etc from hounding me if i had lost would of been bankruptcy ..no longer considering this with one debt gone they only debt in default is this one they started court proceedings on and have left in limbo..


    Just need to know what my options are they never responded to any requests as far as i can remember but as both cases was close together for the same company they may of responded and its got mixed up in my files i am terrible at file keeping...

    if there was no case this debt would of been statue barred now but because they started proceedings i guess its frozen in time forever ..am i able to apply to the court to have the case dismissed or something stating that them holding a case in limbo when if it ran its natural course would of been unenforceable now

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