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Found 30 results

  1. 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
  2. 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?
  3. 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
  4. 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
  5. I have today received a CCJ claim from the Northampton County Court Bulk Centre, for a credit card that was held with HSBC a few years ago. The last statement I can find for the account is 2009, although the assignment to the DCA was later than that date. Having read through the forums for some advice (which is very handy and I'm very grateful for) I'm going to write to them tomorrow with a CPR31.14 requesting the agreement, default notice and the assignment. From people's past experiences, what are the chances of them providing this information? And do they have to provide the originals, or just legible copies of the originals? And am I correct in thinking the fee to enclose is £1? If they do provide the info as requested, and I have no other defence, I can't afford to pay them the amount they're requesting. I could offer to pay them a token amount every month or I could borrow a lump sum and make them an offer of a full and final settlement, although it would be much less than they're asking for. Either way would I still end up with a CCJ? Many thanks.
  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 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.
  8. 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
  9. 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.
  10. 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
  11. 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.
  12. 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.
  13. 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
  14. Hi all, I am hoping someone can kindly help here. I received a Northampton County Court Claim form today from the above claimants for an old Barclaycard debt that has been passed to MKDP and then these guys. The claim was issued on 01/03 I filed the AOS online today via MCOL, with the intention of defending the claim in full. The POC is as follows: T1.his Claim is for the sum of £9699.45 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX 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 £9699.45 2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 7/02/12 to the date hereof 1480 is the sum of £3146.33 3. Future interest accruing at the daily rate of "2,13 4. Costs In total, they are claiming over £13k.... Long story short, I was made redundant from my job and I was out of work for over a year - as a result I ran out of money to keep up my credit card payments and ultimately could not keep up the payments and stopped paying altogether. I buried my head in the sand somewhat and hoped the problem would go away, stupidly. If someone can guide me through what needs to be done next and what letters/forms need to be sent next, I would really appreciate it. I am so worried that bailiffs will come knocking on my door - I don't even know where to start with defending this.... Any help or guidance you give will be most appreciated.
  15. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 19 May 2016 20th June 2016 to submit defence What is the claim for – 1.This claim is for the sum of £3755.27 in respect of monies owing under an agreement with the account no. XXXX pursuant to The Consumer Credit Act 1974. This 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 £3755.27 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 18/1/12 to the date hereof 1580 is the sum of £1300.50. 3. Future interest accruing at the daily rate of £ .82 4. Costs What is the value of the claim? . Total £5565.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit account When did you enter into the original agreement before or after 2007? Before. 1981 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 will send off a CAA request and CPR31.14 Loan letter to see what Hoist/the solicitors hold BUT I recall back in around 2008 we went after PPI charges from Barclaycard. At this time they did provide us with a copy of the signed agreement. I would have it somewhere in the loft. Notably the copy was a terrible one, hardly legible but interestingly, the box where you would tick to opt out of PPI was bright white, as if the copy had been doctored. I raised this in our letters, that it looked very obviously as though it had been doctored. Barclaycard did not respond specifically to this, but did refund all the PPI charges going back to when the account was opened. I guess what I am wondering is that if Barclaycard had dug out the agreement in more recent years, are they more likely to have passed a copy onto the purchasers of the debt? Am I still right just to put the onus on Hoist to show they have the relevant paperwork to prove the debt? I would be grateful for your thoughts th Hello, Back in December 2105 I received some great advice when my husband was pursued by Lowells for an Argos credit card debt. It seems that another creditor has now taken the same course of action. I plan to follow the same steps as before, acknowledge and defend, using the advice given previously but there are some changes in the circumstances which I would be grateful to be able to check out on here first. Please see info below. Thank you, r710
  16. 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
  17. Hi All, Hope someone can help, had a claim form from the above which i will defend, already submitted AOS. Date on form is 29th Feb. It's an old Backlaycard debt been passed around to MKDP then to these. Original Amount:£6.5K With fees and interest total is 9.5K In the POC they mention Default Notice, which i'm sure i never got. Also when it was assigned to Cohen by MKDP. Just want to know what my options are. What forms i have to send to them to get them to disclose papers etc. Thanks for any help, going a bit crazy here..
  18. I am really grateful for this Forum. I am watching other people's reports with great interest so I thought I would share my own and see if I could garner some advice along the way. I am currently a Student with some Debts carried forward from a crisis past where I lost my home. I am pretty much on route to starting over. I never took the BR option but was hoping to wait out the clock ( didn't have any other options ) on some of the debts and deal with what I could. It is probably close to the 6 Year mark and this is the first one to go for a CCJ. If they succeed it will be detrimental for my credit file recovery plan plus I don't have the finances to handle this. I may even return to looking at BR and becoming and Expat just so I can get a fresh start. The particulars of the claim are as follows Debt Legally assigned from MKDP LLP ( Ex Barclaycard ) to Claimant Hoist Portfolio Holdings 2 Ltd who is being represented by Howard Cohen and Co in the County Court Business Centre Credit Card Debt £7500 Interest pursuant to S69 of County Court Act 1984 £3158 Court Fee £495.90 Legal Rep Cost £100 I have followed the standard advice by sending a CPR request to Howard Cohen and Co and a CCA request to Hoist Portfolio Holdings. I have acknowledged the claim to extend my deadline which I believe should take me to the 11th of April. I am interested to find out if there is a possibility of the debt being Statute Barred as I know the last payment or contact may have been some time before the Default date. I will first obviously see if they have the documentation to support the claim. I have not made a SAR from Barclaycard as this would take too long. So when does the cause of action to start the limitations peiod begin. At last Contact/Payment/Default etc I assume the next thing will be to issue a holding defence while I wait for a reply from the CPR and CCA. I am not sure how to make this but I guess I will call the Court on Monday to find out. Any advice would be greatly appreciated. Thanks
  19. Hi there Just needed some advice re: the above. This was originally an unauthorised overdraft from Abbey that I was paying off bit by bit Abbey forwarded it to 1st Credit. I sent the CCA letter to 1st credit and in response they sent me a statement but not a signed agreement. Sent them the account in dispute letter and was sent the attached response. Just want to know what do I do with this? What does it mean? Let me know ladylovessalsa! 1st Credit response.pdf 1st credit letter 1.pdf
  20. Brief background details Account is for a credit card with Santander. Amount £2xxx There is no record of this debt on my Experian credit file or when I check the same using Noddle. Debt has been passed from Viking Collection services > Moorcroft > Wescot > Robinson Way. 13/02/15 I sent a CCA request to Robinson Way after receiving a letter informing the account would be passed to their solicitors Howard Cohen in the next 10 days. 21/02/2015 Letter from Howard Cohen titled 'Notice of Pending legal action' requesting payment within 10 days. 06/03/2015 I get a reply from Rob Way acknowledging my request and informing my account has been placed on hold temporarily pending receipt of the documentation. 21/03/2015 Get a weird letter from Robinson Way saying ' We write to acknowledge the recent update that you have provided us in relation to your current circumstances. we confirm that no further action will be taken on your account for the next 2 weeks from the date of this letter. Please ensure we have your proposal for payment within this period to avoid collections activity resuming. If we do not hear from you within 2 weeks, our solicitors Howard Cohen may be instructed to proceed with issuing a court claim................' I assumed this was scare tactics and ignored it as they still hadn't satisfied my CCA request. Today I received a County Court claim form from Northampton. I still haven't received any CCA from any of the parties involved. I obviously need to acknowledge service of the Claim form but what's my next course of action?? Library letter - 'Letter to solicitors threatening legal action / in default of agreement request'?? If yes, do i send this to Hoist as well as Howard Cohen? Thanks for any help you may be able to give. Dan
  21. Just got back from holiday and I have a court letter sitting waiting for me Stopped paying this a fair while ago due to lack of funds but unsure actually how long ago. I've had no contact with them directly for ages it may possibly be over 6 years but not sure. I've had letters and it's skipped round the DCAs who I've ignored. Letter is dated 7/5/15 I intend to acknowledge later today on MCOL and I will send Howard Cohen a CCA request as a matter of course. I'm also inclined to send Santander a SAR Request as well but imagine my time to do anything is now limited? Any advice other than the above greatly received
  22. Hi guys, HSBC overdraft and HSBC credit card, I am not getting any response from the DCA. I have sent several letters via recorded service requesting CCA along with valid postal orders - No response. I've done some digging and it appears they have several address's, without going in circles does anyone know which is the correct address? In some cases I have had letters from CL Finance, I'm unsure if that has anything to do with a change over but based on my DMP for the last 5 years I have been paying Howard Cohen & co Solicitors. Any help would be appreciated. For further clarity, HSBC Overdraft Date, 24/08/2009 Amount, £5,658 HSBC Overdraft Date, 10/08/2009 Amount, £1,367 I am wanting closure on the above ASAP, i.e. settlement. However if the debt has been sold I must still complete full payment to be awarded 'Satisfied' status on my credit file leaving me around 2 years till it comes off my credit report, correct? Thanks for any help, Neo.
  23. HI New to all of this so bear with me please , Abby national overdraft been chased by various DCA i have all told them that the account is in dispute, it has all ways been for as long as i can remember due to the excessive bank charges i have complained to Abby as it was various times times they even placed it in default when the test case was on... ...i know that is over and lost MY point is can they just pass it on to a new DCA? Had the first second letter in short succession from Robinson way reference overdraft from Abby national£2840.66 i did send them a letter saying the account is in dispute and pass it back to Santander to resolve they have not and now i have a court claim from Howard cohen 22/04/2015 What can i do please? it is not statured bard un till next Feb really don't want a ccj on my file could some one please offer any advice ? Thanks in advance
  24. Hi, Im hoping for some advise; I received a dept demand from Howard Cohen And Co, i replied to their letters a number of times but received no replies. I tried calling the company on every phone number i could find for them but no one knew anything about the claim they were making against me. I received a small claims court claim asking for double what the original debt. The court this trial was to be held at was over 4 hours away from where i lived and it stated on the court papers that i could respond by letter, which i did. I stated it was imposible for me to travel the 9 hour round trip due to financial reasons and i felt the inflated fee request was not right. I also asked for the court intermediation, which i never got a reply to. The next thing i know i just received a court order for £955.00 demanding it be paid in 14 days. I do not have this kind of money! The initial debt letter was for £350.00. I called the court house and they told me to download some forms and gave me a web site address that doesnt work... What can i do? Thank you for your time and help!
  25. Hello, I wonder if anyone can help, please? My wife and I have some oustanding debt from various old Credit Cards/Store Cards/Loans etc. All of which went to bad debt around 2004 when our circumstances changed. One of my wife's old debts was taken over by CL Finance, which was then passed to their Howard Cohen side of the business. When we first had problems with spoke to the Consumer Credit Counselling Service who advised us due to lack of disposible income our best course of action would be to offer all of them £1 a month token payment until our circumstances improved. We have done this and have been doing so despite moving 6 years ago. Back in April 2008 however, my wife received a CCJ from Howard Cohen ordering her to pay £125 a month (which we had no chance of being able to afford...). We explained this to HC and continued to send them £1. She started to look at her options as although she received this a good 8 months after movinng, the CCJ was made out to our previous address. She should probably have pursued this at the time but to be honest she was relieved that they settled for the continued £1 a month.... I don't know why the judgment was made at our old address so long after we moved as I checked old receipts and she was still sending payments to HC prior to the CCJ. I don't know if she had informed them of the new address or if they hadn't acknowledged it at that point but it seems strange that they would pursue a CCJ even she was making payments (allbeit £1 a month). Especially as 9 years down the line they are still accepting £1 a month (on a 7000+ debt). In my ignorance I sent them a CCA request last month, not realising that it would be irrelevant if a CCJ had been issued (according to HC anyway...). HC replied to this affect and reminded her of the CCJ and that she should continue to pay £1 a month. This seems a little too easy and makes me suspicious. I was wondering if the CCJ is genuine as I've heard so many bads things about their practices. Is the phoning the court the only way to find out? Does anyone have any advice about where to go from here, please?
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