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Found 58 results

  1. Hi there, Bit of Background Both parents have died in the 15 months, and the Estate is effectively the house they lived in, to be split between myself and my 2 brothers. Both of my brothers live in said house ( one is mentally handicapped and the other is his carer ). My father left debts of around 66k ( one a equity release mortgage of 56k,which we have cleared. ) So we are left with the remainder of debt that has come from (so far) 3 accounts that Philips and Cohen are handling . I am the Administrator of the estate, and ideally do not want to sell the house as it would leave a vulnerable adult and carer homeless. Now these debt are likely to be in my fathers name only ( I've only just got the letters so not gone any further than here ), if that might make any difference. So my first thought would be to check the legitimacy of each account/ statute barred status. What's the current way of asking for the CCA/ proof of debt with these folks. Many thanks I'
  2. Hi all I've received a letter of claim from Howard Cohen acting on behalf of Hoist portfolio Ltd. The debt relates to a former Barclaycard that started in June 2008 and later defaulted in in Dec 2013 (according to my noddle credit file). I was self employed at the time and quickly became over indebted at the time. The default amount is £12,500 and last payment made was March 2013. I've uploaded a redacted letter of claim I received recently. I received a very similar letter in Dec last year which I ignored and did not hear anything until now - the same request letter. If I respond should I send a CCA letter request to the solicitors? I have until 13th August to respond. Thank you all in advance. Ben Hoist Portfolio Ltd - Letter of Claim REDACTED copy.pdf
  3. Hi Fellas, Can anyone give me a link to the "Get lost, prove it" letter? Had a letter threatening court action, and while I have seen the last few off once papers arrived, I thought it best to try and get ahead of this one for her. Thanks
  4. I have just received a letter from Howard Cohen and co solicitors Without prejudice as to save costs settlement offer Including claim number With reference to my defence please find enclosed Signed credit agreement Default notice Statement of account Certificate of name change Original court claim was Feb 2015 I defended it with CPR request they failed to respond to my defence judge struck it out Taken them two years to respond (2 days short of) The last payment was November 2011 so over the 6 years am I right in thinking that they can not restart the 2015 claim and would have to start a new claim from now but now statue barred Thanks
  5. Hi, I have a mediation planned with regard to a small claim issued against me by Howard Cohen solicitors on behalf of hoist portfolio that I have a few questions about that I would like help on please. A bit of back ground information.. The debt for £2900 was originally passed to MDKP LLP in November 2014, the account was then assigned by MKDP LLP to their client Hoist Portfolio in December 2015. I had a payment plan set in place of £50 per month and made payments reducing the total outstanding to £2000, in around June of this month i fell in to difficulty and missed a couple of payments, I called and explained and was asked to provide an income and expenditure to show what i could afford and was told they would send me the appropriate paperwork for me to fill in. Approx 2 weeks later I received a small claims pack requesting the sum of £2000 + costs so roughly £2200, I called Hoist Portfolio and explained I was waiting for an income and expenditure pack and was told by a rather snotty woman "its too late now, we will not accept any payments on this account no matter what you send in to us, we have forwarded this now to our legal department and we are taking action against you" I was then told it would be easier in the long run if i accepted the action and waited to see what the judge asked me to pay, I thanked her kindly for her useless information and hung up! I followed directions that have been posted on here and clicked defend all and sent the pack back, but first i sent a CCA request and a cpr 31.14 both went unanswered, I then submitted my defence on the last day i was allowed and its posted here. Particulars of Claim. 1.This claim is for the sum of £2000 in respect of monies owing under an Agreement with the account number xxxxxxxxxx pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £2000 2.costs 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is accepted. In that I have had financial dealings with Barclaycard in the past. I do not recall with any precision the agreement the claimant refers to and have therefore sought clarity by way of a CPR 31.14 and CCA section 78 Request 3. Paragraph 2 is noted but again I have no recollection of the agreement or whether a Default Notice was ever served.The claimant is therefore put to strict proof to disclose the default notice its claim relies upon. 4. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant did not respond and is and remains in Default of said s78 request. A further request was made via CPR 31.14,* requesting disclosure of documents on which the Claimant is basing their claim. The claimant has failed to respond and to comply. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show and evidence the nature of any breach and Default Notice; c) show how the Defendant has reached the amount claimed for and; d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. When I submitted i ticked the mediation box, I was surprised to receive a response back that the claimant also ticked the mediation box and i now have a meeting planned next week for a one hour time slot on the phone. Since setting up the mediation I have received a pack from howard cohen with some old card statements showing the balance at £2900 from barclaycard until MKDP took over the debt, a reconstituted credit agreement with no signature of mine on or anyones for that matter, a couple of default notices and a notice of assignment. Now what I find strange is the very footnote of the letter i received states the client will consider allowing me to repay the debt by installments for the outstanding balance on sight of my income and expenditure details and payment offer and states an arrangement can be formalized at the above mentioned mediation. I just dont get why they would not entertain my offer before yet once i click defend they now add this footnote or is this a standard comment that they put knowing full well unless i pay the full amount upon mediation they will pursue me through the small claims court? When I spoke with the lady who set up the mediation appointment she implied most cases dont end up being settled with the full balance being paid and kind of pointed me towards offering less than the £2000 they are asking for, not sure why she did this tbh. My questions are, 1.are they nervous because they have no proof they own the debt? 2. what kind of payment plan should I offer initially expecting to have to go up a bit to where they want to meet me? 3.lastly realistically what are my chances of getting something set up without having to go to court and get a CCJ using the mediation process? Thank you and sorry for the essay just thought it would be easier if i added all information i held.
  6. Good afternoon, Any help would really be appreciated. This relates to a loan that was taken out years ago and prior to 2009. I cannot be more precise at this moment. I got into financial difficulty and defaulted on the payments. This has been in the hands of a number of companies. I do not recall getting regular correspondence and I believe the last payment ever made was 2014. This has dropped off my credit file. I did receive a letter I August 2015 to say that I was entitled to redress on my loan as the discovered following changes of CCA (1/8/08) that they sent customers incorrect information about their loan and in some cases did not send information they should have done and as such were not entitled to charge interest and default fees from the initial error of 31/1/2009 until today. I then received a letter March 2017 advising that they did not send some documents that they were required to do and sent notice of sums of arrears we should have sent me. The arrears notice is again dated March 2017 and dates back to November 2014. Well today I have received a Claim Form issued on the 9th Jan 2018 for the sum of £8076.85. The particulars of claim state the debt was legally assigned by Barclays Bank Plc (Ex Barclays) to the claimant and notice was served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. Now I believe that I will need to do the following:- - Acknowledge Service advising I intend to dispute and ask for 28 days to file a defence - Send a request to Howard Cohen & Co for CCA Request with a £1.00 cheque I there anything else I should be doing at this stage? Regards, Colin -
  7. Hi All, I have been contacted by a company called Cohen Cramer regarding an alledged debt for a mobile phone bill with Orange back from 2013. I do not recall having a mobile phone from that period, although I did have a mobile internet dongle thing which I believe was on a one month rolling contract. I really wanted to know what I should send them in order to find out more information. I am aware that mobile phone contracts are not covered by the CCA, so is there a template for a letter I can send, and also what documentation will they legally need to be in possession of in order to win if they decide to take this to the county court. Appreciate your help in advance! Thanks!
  8. Hi, I'm hoping for advice, please: We're going for a mortgage. I've just done an Experian search and discovered a problem, namely a CCJ issued on 03/08/17 at Northampton County Court. They say it was from Lowell whom have a solicitor called Cohen/Cramer. I know absolutely nothing whatsoever of this CCJ. I've tried endlessly all morning to speak to the CCBS but the phone just never gets answered. I assume they're tremendously busy. I would very much appreciate help/advice/guidance please. I have a case number off the £4 Government advice website thing, that tells me absolutely sod all that Experian didn't, but they were free. Idiocy. Number I'm calling is 0300 123 1056. The reason I know it's Lowell is I rang an 01604 number which turned out to be the Court but for Northampton residents only and the helpful guy there looked at his computer and said that was whom it was from, but he knows nothing else and to call the useless, pointless, inane, time wasting, and costly to me, business centre number. The Experian entry says, incidentally, that the CCJ was at my current/correct address...
  9. Hey all, this just resurfaced after over 3 years-how do i respond to this? Letter of claim We act for HOIST PORTFOLIO HOLDING 2 LIMITED and write to inform you of its intention to issue proceedings in the county court fot the above outstanding amount (£2609)that you have failed to repay. Details of debt: This debt originates from a written agreement betwen the original creditor (lloyds credit card) and you. The agreement was subsequently terminated when its terms were not complied with. Our client later purchase this account and it was legally assigned on 08/09/2015. The notice of assignment has previously been provided to you. (never got it). There have been no interest or administartive fees/charges applied to your account since we aquired it. You should note this letter is being sent in accordance with the pre-action protocol for debt claims of the civil procedure rules. The court rules comfirm the actions either party must take before a matter goes to court. We should point out that paragraph 7 sets out its expectations for you and our client in how to comply with the protocol. Despite our clients of it's agents Robinson way limited attempts to engage with you to agree a suitablle payment plan, the above amount remains unpaid. It then goes on to tell me i need to complete the enclosed information sheet, reply form and income and expenditure form, and tells me i am required to make payment within 30 days and if i don't respond, a claim will be issued in the county court without further notice. What do i do here? I have no information on this, do i have to complete their form? is that admitting liability for the debt? can I send a CCA? Please help
  10. I've been contacted all of a sudden after a 5yr gap of silence regarding a Barclayard they believe was mine, from my calculation it would be a few months off 6 yrs since this would be defaulted on. First letters were to say it had been transferred to Robinson Way and was quite nicey nicey, second was to say get in touch we could wipe off a quarter of what you owe, today's was we have looked at your account and believe we have enough to go for litigation and MAY pass this to Howard Cohen and co in 10 days and then it may go to court blahdy bla ~Is this a last gasp effort to get me to pay back or are they being serious about going for court ?
  11. I've been reading through the forums for a while but just am getting a bit nervy now! Im at the stage where after submitting the defence, ive got the Defence questionnaire re the small claims track. Hoist still haven't responded to my requests for info, and ive not had anything back from Cohens either and the requests were sent at the end of April. Before it got to this stage, Id spoken to the litigation department twice requesting correspondence - in the second call, the Hoist person said that they wouldn't be sending me any requested info... Am i correct in thinking that i now tick the mediation box and take it from there? I then explain about the requested information not being provided - assuming it still hasn't by then? Sorry if this has been said loads before, but i just need to know for my own peace of mind!
  12. HI all have a sepearte thread for another of these hoist have sent me a claim form for a debt for a barclaycard pre 2007 i have already sent a cca request off to hoist which they have repsonded saying they are looking into it and a cpr request to cohen which they have ignored i also sent off a SAR request to barclaycard via the online tool a few weeks back heard nothing and they havent called to take a £10 payment the particulars of the claim are This claim is for the sum of £5410.23 in respect of monies owing under an agreemen with the account number xxxxxx pursuant to the consumer credit act 1974 (CCA) The debt was legally assigned by MKDP LLP (ex barclaycard) to the claimant and notice has been served the defendant has failed to make contractual payments under the terms of the agreement a default notice has been served upon the defendant pursuant to s.87(1) CCA The claimant claims 1. the sum of £5410.23 2.costs just need help with defence i already been a logged onto moneyclaim and did that ready to file the defence which i have another week or so to do i beleive the claim is dated 24 april
  13. Hi all, I just received a County Court Business Centre Claim Form from the above mentioned companies and any help as to my course of action would be grateful... Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – 20th April 2017 What is the claim for – 1.The claim is for the sum of £2093 (rounded off) due by the defendent under an agreement regulated by the Consumer Credit Act 1974 for a Provident Personal Credit Limited account with an account reference number of xxxxxxxx. 2.The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. 3,The debt was legally assigned to the claimant on 29/Aug/2014, notice of which was given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of these proceedings in the sum of £167 (rounded off) The claimant claims the sum of £2260 What is the value of the claim? £2445 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Personal Loan When did you enter into the original agreement before or after 2007? After 2007 - One 22/8/08, One 23/8/09 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell Portfolio Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that i'm aware of Why did you cease payments? Entered into a DMP with the CCCS (as it was then) and thought they'd paid the debt What was the date of your last payment? Roughly 2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? As stated - entered into a DMP which finished in 2012 Looking on my Noddle credit file, there are 2 Lowell accounts on there (neither corresponds with the account number stated in the claim), one for £1850 and the other for £250 - it appears they have 'lumped' them together - Can they do this? If I recall rightly, the larger amount is for a loan which included paying off the first loan which is still showing as £250 If i'm correct, my first step is to send a CCA request to Lowells and a CPR 31.14 request to Cohen Cramer which will be done in the morning.... I presume I need to acknowledge the claim prior to doing this via moneyclaim online? And then what are my next actions? I'm going to try and locate my old CCCS documentation which is on an old mothballed desktop computer in our attic! Any help would be gratefully received Swisstoni
  14. Need a bit of help with an old Barclaycard debt that has been passed onto Robinson Way A bit of back story... In 1998 when I started college, Barclays were targeting students and offering them free mobile phones (this is before everyone had them!). I knew that Barclaycard's interest rate was pretty bad compared to most, so almost never used the card and had a direct debit set up to pay the minimum balance (standard student mentality). Fast forward to a couple of years ago... I hadn't seen any statements in years, but Barclaycard send me a notice of default to say that my direct debit had been cancelled 3 months previous and I was behind with my payments, and that my card was now over it's limit! This was obviously news to me because I hadn't seen any statements. I obviously phoned Barclaycard to sort it out, and told them that I wanted to see statements and why I wasn't receiving them etc. They said I was signed up to online banking so I can manage everything online and as such, they don't send out paper statements. Unfortunately, I don't have the card anymore due to it expiring and them never sending me a new one or the reader to go with it. I also don't know any of the secure information to log in. She said she couldn't give me access to my online banking until the account was sorted, so I made a payment to bring it back in line. She then said she couldn't give me access because it would take several days for the system to register the payment, and that all I need to do is phone the call centre in a few days time. I waited a few days and then phoned the call centre... Unfortunately, trying to explain to their indian call centre that you can't log in to online banking is rather more difficult than it should be. The general response was always that the problem must be at my end, because they can log in fine. They couldn't grasp the concept that I was unable to log in due to not knowing any of the passwords or information. I tried this several times, but got frustrated. Obviously the account then went back over it's limit... the recovery team phoned me, I paid an amount... complained again about the situation, but ultimately nothing changed and we went around in circles. Finally last November/December I'd had enough and was determined to go through to their complaints department. Took me an age to get through because the indian call centre employee was determined to try and sort the problem himself without listening to my problem or understand what I was saying . Eventually I got though, and I explained that from my point of view, Barclaycard were withholding information about my account from me, and denying me access to online banking so I wasn't able to manage the debt or see how it had got so high on a card I hadn't used in several years. I was told that it would be raised as a formal complaint and that as the account was now closed, no further interest or charges would be added. I was also told that they would call me at some point in January to discuss it.... They never did. In early january I get a phone call from someone asking me to confirm my details for security purposes... Obviously I said no, because they phoned me. They said they would write to me instead. I then get a letter from Robinson Way, as well as one from Barclaycard (albeit a black and white photocopy rather than on their blue letterhead) saying my debt was now transferred to HPH, and was being managed by Robinson Way. I suppose, my question is... can they just pass on a debt? I mean I don't know who this company is, and I was trying to dispute it with Barclaycard. I had actually threatened to go to the ombudsman as I think this was rather underhanded behaviour. This morning I received a letter saying they'd accept £1722.93 in a single payment to settle the £2297.24 debt. Obviously I want it all settled as quickly as possible, but at the same time I don't want to be costing myself money unnecessarily. I was prepared to take Barclaycard to the small claims court, but I'm guessing that they passed the debt on so that couldn't happen. Any idea what my next step should be?
  15. Hello all at CAG, I've received a second claim from Hoist/ cohens for a credit card. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 03 Feb 2017 Date to submit defence = - by 4pm Friday 03/03/2017 ? What is the claim for – Particulars of claim: (As Written) The claim is for the sum of £11079.33 in respect of monies owing under an agreement with the account no. xxxxxxxxxxxxxxxx pursuant to the The Consumer Credit Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. The Claimant Claims: 1. The sum of £11079.33 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 27/09/11 to the date hereof 1947 days is the sum of £4727.90 3. Future interest accruing at the daily rate of £2.43 4. Costs What is the value of the claim? £15807.23 (plus court fee £711.33 & Legal Reps Costs £100) Total £16618.56 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Approx 2000/ 2001 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser (hoist) Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Can't be sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Business ceased trading and couldn't afford rent let alone DMP payments What was the date of your last payment? January 20th 2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes, Payplan DMP set up in Feb 2010 I wondered if I could use the statute barred defence or should I use the no paperwork? I have done the AOS on MCOL, should I send the CPR and CCA requests regardless of defence? Your help is much appreciated.
  16. I received a POC from Cohen /Lovell on an old orange account Submitted acknowledgement of service via MCOL,within the time frame ,i have now as i understand it to be , to also submit my defence before 28 days via MCOL 1:Whilst reading the posts i also have sent a CPR 31.14 request to the solicitors 2:Sent a Consumer Credit Act 1974 request to lovell included £1 3:Sent a SAR to Orange included £10 All above sent and awaiting responces Today received a letter from solicitors of claimant stating the following: NOTICE OF PENDING CCJ You are aware that we have issued legal proceedings against you in the Northampton court As you have failed to respond with proposals for payment or provide any valid explanation why the debt should not be paid ,we are now instructed to enter judgment against you I order to prevent judgment from being entered ,you should pay £xxx within the next 7 days Received letter on the 10th Feb and have till today as per date of letter if i take the 7 days counter Any advice would be helpful
  17. Hello, Not surprised (yet rather ashamed) to have received another claim form for my husband's old business debts. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 14 Oct 2016 1st Nov 2016 to submit acknowledgement defence by 4pm 15th nov What is the claim for – 1.This claim is for the sum of £8687.88 in respect of monies owing pursuant to an overdraft facility under bank account no. XXXX The debt was legally assigned by MKDP LLP (Ex HSBC) to the Claimant and notice has been served. 2.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 3.The Claimant claims 1. The sum of £8687.88 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 23/11/11 to the date hereof 1783 days is the sum of £3395.19 3. Future interest accruing at the daily rate of £1.90 4. Costs What is the value of the claim? . Total £12726.81 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? We would have but can't guarantee we have kept it. Did you receive a Default Notice from the original creditor? As above, we would have. Kept some of the early letters. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Probably, no reason to doubt we haven't. Ashamed to say we haven't actually been reading them but am sure we would have. Why did you cease payments? Business failed very suddenly due to recession, stopped payments to all creditors as my husband couldn't manage the debt. My husband intended at that point to go bankrupt but as moved into low paid employment, he needed to save bankruptcy fee. We then had to prioritise moving house due to being harassed by a neighbour and then always something else came along that needed money. Classic burying heads in the sand then followed as we seemed to be getting life back together. What was the date of your last payment? He last paid around April 2011 but Noddle says defaulted in Sept 2011. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I have been through this twice before, once with Hoist and Lowell (both were not pursued once we filed our defence), but notably these were both credit accounts. I clearly have some reading to do to determine in what way an overdraft agreement (and any relevant defence) may be different, but my initial understanding is that I need, in the first instance, to be sending off a CPR31.14 (current account version) and that a CAA request is not appropriate. I will send off the CPR31.14 request tomorrow via recorded delivery. I intend to also acknowledge the claim asap (by 1st Nov) and tick our intention to defend all. I assume that it remains that the onus is on Hoist to show they have the relevant paperwork to prove the debt? I would be very grateful if, in due course, someone would look over our defence. Thank you, r710
  18. Hi All, I have received a claim form for an old shop direct account, did think this was was taken care of, so I am questioning legitimacy of legal ownership and right of assignment along with the claimed amount. Details are: Name of the Claimant ? Lowell Portfolio I Limited (the I could be a 1?) Date of issue – 13th October 2016 Date of defence issue - 4pm Monday 14th November 2016 What is the claim for – 1.The claim is for the sum of £4XX.XX due by the defendant under a non-regulated shop direct account with an account reference of XXXXXXXX The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on XX/XX/2011, notice of which has been given to the defendant. 2.The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £3X.XX The claimant claims the sum of £5XX.XX What is the value of the claim? £515 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? - After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? I dont recall receiving one, Im fairly certain I didnt. Did you receive a Default Notice from the original creditor? Maybe, but I dont recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall Why did you cease payments? Lost my job. What was the date of your last payment? I dont know this and have no Bank accounts going back that far. Was there a dispute with the original creditor that remains unresolved? I dont recall, I thought this had been cleared. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No. I intend to defend the claim and will register acknowledgement of service this evening , I will prepare CCA and CPR and send tomorrow. Any other advice? Thanks
  19. Today i got a letter for my son he no longer lives at our address and has not for some time. He has had a lot of mental health issues and is diagnosed Autism, learning disabilities and also depression. At present he resides in a care home with his only income DLA and ESA. out of that money he has to make part payment each week towards his stay in the home. He has to pay £100 per week towards his care which he pays out of the money he receives. he called around today to get his post and in there were a couple of letters one from the court and one from cohen cramer... the court letter stated that he had not replied to the form and therefore it was judged that he owed just under £500 and should pay £50 per month starting the 14th November. .. the other letter from cohen cramer said the payments should be made to lucas credit services. all his post is delivered to our address and we give it him whenever he calls up. he is adamant he never received the claim form and as far as we know nothing ever came in the post. the fact is the court made a decision but unfortunately due to is financial situation and the fact he didn't receive the form is there anything we can do to sort this out. there is no way after paying out everything he owes he can afford the sum asked for per month and also as he does not live here what can we do regarding the order. any help would be greatly appreciated thank you for looking
  20. Hi all Ive had an issue going on with Lowell/Cohen regarding what they say is a catalouge debt. I asked them to prove the debt as it is not one I recall (other debts are cleared) as they threatened court action, and thats what they have done. I received very vauge information from them ,but they sent what they claim is a credit agreement which is missing my signature (it was apparently an online from, where my signature is missing,there is a tick box instead). Today I received a form from Northampton, the particulars of the claim state - " The claim is for the sum of £xxx..due by the defendant under a non-regulated shop direct account with the account reference of xxxx... The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on xxx,notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceddings in the sum of £xx. The claimant claims the sum of £xx" Two things also concern me regarding these forms - It seems to be missing a court stamp - there is just a printed circle of 'the county court' on it Return address for sending payment and documents is cohen cramers The papers were received today. Many thanks in advance
  21. Please help, I'm not sure how to handle this claim and don't want to get it wrong! Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 30th Aug 2016 Date to submit defence = - by 4pm Friday 30/9/2016 What is the claim for – 1.The claim is for the sum of £13718 in the respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxx-xxxxxxxx. The debt was legally assigned from Santander UK PLC to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. 3.The Claimant Claims: 1. The sum of £13718 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 13/8/16 to the date hereof 12 days is the sum of £36.08 3. Daily interest at the rate of £3.01 4. Costs What is the value of the claim? £13718 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cahoot Flexible Loan When did you enter into the original agreement before or after 2007? 20/05/2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. HPH2 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Had a Debt Managemant Plan set up with Payplan from February 2010 of which Santander had agreed to being paid £66.27 per month However, they refused repeatedly to freeze the interest unlike the other creditors in the DMP. This was adding around £200 per month in interest in January 2011 I stopped paying the DMP as it seemed pointless as it would never reduce the debt. The original debt was £10804 at the start of the DMP but 11 months later was £13718 due to them being completely unreasonable. What was the date of your last payment? December 2010 Was there a dispute with the original creditor that remains unresolved? Only with regards the interest whilst in a debt management plan Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, as described above. Payplan had requested all creditors freeze interest and all agreed except Santander. Many Thanks. Brief background: In early 2010 after trying to keep a failing business going I was left with various credit card and a flexible loan debts and the combined monthly repayments became unbearable. I entered into a debt management plan through Payplan paying £324 per month to 6 creditors. By January 2011 the business could no longer trade as I lost my premises and then a few months later lost the house. I considered bankruptcy for the first few years but could never manage to raise the fee (about £750 at the time), then as time passed and I lived in various places the letters became sporadic and it was easier to ignore the few that came. I've had plenty threatening court action from all the usual DCA's and nothing happened until now. I was looking forward to another 4 months hoping it would be statute barred but Hoist have other ideas! I've tried to get an idea by reading all the forums but was wondering if I can do a CCA request for a flexible loan? Also, when checking the FCA register the DCA's licenses don't seem to be active - is this relevant and can it be used? FCA license for Howard Cohen (Cohen Cramer Ltd) Current Status: Lapsed , Permissions Inactive 31/10/2015 FCA license for Hoist Portfolio Holding 2 Ltd Current Status: Cancelled , Permissions Inactive 30/09/2015 I have registered with MCOL and done the acknowledgement on the 8th Sept 2016 and stated I wish to defend the whole claim, problem is I don't know the best way to do it. Any help would be greatly appreciated. Forgot to add, the solicitor on the claim form is Howard Cohen & Co, Leeds
  22. Dear All, I've read numerous threads on here of people in a similar situation, and everyone seems to know exactly what to do. Me? Nope, I've turned to jelly and don't know what to do. I received a County Court form on Friday. I've detailed more below: Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd Date of issue – 30th August 2016 Date of issue - 30th August 2016 Date to acknowledge by - 19th September 2016 Date to submit defence - 30th September 2016 What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £419.13 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXX The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. The claimant claims 1. The sum of £419.13 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 18/05/2012 to the date hereof 1559 is the sum of £143.27 3. Future interest accruing at the daily rate of £ .09 4. Costs What is the value of the claim? £692.40 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to MKDP LLC originally, who seems to have then sold it on to Hoist Portfolio Holdings 2 Ltd Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, from Lloyds to MKDP LLC, not to Hoist. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, I don’t think so Why did you cease payments? At the time numerous Payday lenders were raiding the account, I requested help from Lloyds TSB (verbally), they refused to help, I abandoned the account beginning 2011, charges from payday lenders' activities causing bank account to go overdrawn started to rise. (If I recall correctly, by overdraft limit was £100). Lloyds TSB started chasing me on phone, I complained that I had requested help, that the amount was purely bank charges - Lloyds TSB not interested, just wanted payment. What was the date of your last payment? Approximately June 2011. Was there a dispute with the original creditor that remains unresolved? Yes, a verbal one though. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No plan entered into with them. Had spoken to them on the phone, they were not interested, just wanted payment for the overdrawn fees. My bank account was being raided, I changed banks as Lloyds TSB were refusing to stop the payday lenders from raiding the account, everytime a payday lender would raid it, it would go over limit, then Lloyds TSB refunded the payment, added their overdrawn charge on it, pushing it back overdrawn, then they'd add more interest and more overdrawn fees. I really don't know what to do here now. I'm about 11 months away from having all traces of payday lenders off my credit file, 13 months away from my last default falling off. I can really do with not having a CCJ on my hands. It makes me so sad/angry how after all these years, payday lenders have come back to bite me in the behind. So, I have a few options if I wanted to pay them: 1. I'm getting my annual bonus at the end of September. I could pay them (Would it be for the total of £692.40?) This would result in no CCJ. 2. Perhaps a Tomlin order? How would I request this? 3. Defend? I don't really have anything to defend do I? 4. Option 4? Is there one? I'm going to be reading even more on the forum, but I'm lost. I'd really appreciate some advice/help.
  23. Hi All Short version is I owe HPH2 (ex Capital One) £935 since 2011. Hasn't been paid due to dispute between ex wife and I as to who should pay debt. Stubbornly I have until this point refused despite debt being in my name. Today I received a letter from Howard Cohen and Co - Notice of Pending Legal Action. It says I have 10 days from date of letter to respond by either making payment or payment plan with Robinson Way or I will be taken to court for CCJ. I am up against the clock as letter is dated 24th August but only arrived today (1st September). At this point what should I do? 1. Ignore letter (is it just a bluff?) 2. Call Robinson Way and agree a payment plan (can I just offer them a monthly figure or will I have to go through a whole income expenditure exercise? Thought I would offer £35 a month. Will they agree to a plan or insist on total payment which I cant afford? 3. Other - should I be doing something else? Any help greatly appreciated. kind regards Steve
  24. Hi Just received a claim from Howard Cohen this morning. Just wanted to check what I need to do. 1st - Acknowledge claim. Can this be done online? 2nd - Send CPR18 to Howard Cohen, as belows [template removed - dx] 3. Wait for reply.
  25. Hello all, We have submitted a defence and then received the DQ. This was returned to us as invalid due to my partner filling it in and asking me to deal with it on her behalf. We have resubmitted another one and they have rejected this as the surname is different to the claimant. We are married now so my wife is using her current name, they wont accept it as the claim in in her maiden name. Can they do this? I feel like they are doing it on purpose because now we are over the 14 day limit to have the DQ filed.
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