Please HELP Notice of Pending Legal Action

[MASCK]

Hi I am new to this site and am seeking help regarding a letter we recieved today from Howard Cohen & Co Solicitors which is a a Notice of Pending Legal Action saying they have been instructed to prepare Court Papers for issue against my husband for non-payment of £18163 debt to Black Hourse Finance.

 

This is a long story but basically my husband set up business with a partner and took out a personal loan to buy a lorry after a year my husband tranfered the debt to the company he owed (or so he thought) another year later my husbands partner took over the business completely and my husbund was no longer a director. a few months after this (Nov 2005) we recieved default payment letters from Black Hourse my husband contacted blackhorse and explained that he had filled in all the paperwork transferring the debt they said they had no record of this, my husband then told them were they could find the lorry and to take possession of it as he obviously did not have the money to pay and did not have possession of the van. This went back and forth and then went quite for about a year and then periodically since we have recieved debt collector letters which we have ignored and then this morning we recieve this letter from Howard Cohen.

 

I am totally unsure as to what to do should my husband phone Howard and Cohen and explain the situation? Will we be able to attend any court judgements etc? If anyone out there can offer me any advice I would be so grateful it has taken me a while to stop crying and think about approaching this the right way without acting the victim.

 

Thanks

[georgieboy]

Welcome to the site - my advice would be to contact your nearest Citizens Advice Centre asap as they are fantastic people to deal with and will be able to help. Or folk on this site may be able to help with better advice.

[IdaInFife]

moved to debt collection forum for more views

[dx100uk]

i would suspect you have gotten yourself on a dca phishing list.

 

totally ignore them, they have no legal powers, there is certainly no need to cry or even worry a second thought on this debt, and if you look carefully, the letters will all be littered with the words:

if, could, might, maybe, should etc etc.

 

do not contact them by any method.

 

if the oc wanted their money they would not leave it +5yrs to do.

 

my guess this is a statute barred debt, [or very close] and these leechers have brought a list of debts that you are on, looking to chance their arm on an unknowing mug.

 

you came to cag, the best place......

 

if you must do something then fire off a cca request, they won't have one, so cannot do anything too you.

 

dx

[palomino]

... after a year my husband tranfered the debt to the company ...

 

What do you mean when you say this?

[MASCK]

Hi

 

Thanks dx100uk - As this is from a Solicitor rather than a DCA doesn't mean that it is now on it's way to court unless we do something? I'd appreciate any guidence as some of the terminolgy on this site means nothing to me.

 

palomino - My husband and his business partner had a meeting with their financial advisor who helped them transfer all their paperwork, accounts and loans under their trading company. However all perwork was stollen by husbands business partner on my Husbands departure from the company so we have no paperwork at all for any of this.

 

I am trying to contact the citzens advise centre.

 

Thanks all your assistance is much appreciated.

[dx100uk]

Hi

 

Thanks dx100uk - As this is from a Solicitor rather than a DCA doesn't mean that it is now on it's way to court unless we do something? I'd appreciate any guidence as some of the terminolgy on this site means nothing to me.

.

 

dont be fooled by this

the 'solicitor' is just the next desk at the dca or the sec putting a different letterhead in the printer!

 

i'd ignore totally

 

dx

[PGH7447]

have you recieved any letters from a dca recently, namely CL Finance or Lewis, they are Howard cohens favorite dca, if yes then they will go to court.

 

send them a cca request to see what agreement they have, also do not count on this being stat barred just yet

[bazaar]

Maybe its worth contacting the financial advisor they used at the time, to see if he has records.

was the business split acrimonious?

[MASCK]

Thanks everyone - the split was acrimonious based on the business partner doing some "dodgy" deals my husband didn't want to be involved in. Financial advisor in Spain trying to get info but think it unlikely.

 

Yes most recent DCA letter is from Lewis - so I guess not looking good huh?

 

What is a statute barred debt? and how would I find out if ours is one?

 

Finally what is the difference between a CPR and a CCA letter and which is the best for our situation or should I send both?

 

Thanks so much for all your help.

[bazaar]

Thanks everyone - the split was acrimonious based on the business partner doing some "dodgy" deals my husband didn't want to be involved in. Financial advisor in Spain trying to get info but think it unlikely.

 

Yes most recent DCA letter is from Lewis - so I guess not looking good huh?

They are only a DCA with no power, dont worry too much.

What is a statute barred debt? and how would I find out if ours is one?

Over 6 years from last payment

Finally what is the difference between a CPR and a CCA letter and which is the best for our situation or should I send both?

CPR only AFTER they start court proceedings, for now CCA and / or SAR to see if charges have been added illegally

Thanks so much for all your help.

your welcome;)

[MASCK]

Sorry for all the questions.....

As the letter is from Howard Cohen & Co Solicitors stating Notice of Pending Legal Action then am I still OK with the CCA letter - to be honest I'm not sure what the difference between a CPR or a CCA letter is. Can I just take the CCA letter from the template library?

Thanks again...

[KER]

Can I just clarify? Did you go from a partnership to a limited company and the partnership was wound up? ? (for a Ltd co you would have been filing returns at companies house etc).

 

Were any personal guarantees given to any banks when transferring any debts to the limited company.

 

This might be more complicated than just "send off a CCA" as it could fall under partnership or company law rather than personal debt.

[MASCK]

Hi - I think you are right Ker this is more complicated than just defaulted payments - however my husband is very keen to keep as much distance from his business partner as possible. His Partner preaty much run the business and my Husband didn't know better. I have a feeling that the debt was never transferred and therefore the debt and agreements are all still in my husbands name and always have been. The company was a limited company.

 

We have prepared a CCA letter and that will go recorded delivery this morning. If Howard Cohen and & Co respond how will I know if it is the right paperwork they have?

 

Thanks for all your help

[cerberusalert]

When you get it back if you scan it, remove identifying details & then post it up then we'll be able to check it over for you.

[MASCK]

Sorry just to clarify even though the letter I have is from a Solicitor giving Notice of Pending Legal Action - I should send a CCA letter and not a CPR letter? Apart from the first year with Blackhorse - we have never acknowedge the debt or communicated with the DCAs - perhaps we should have done and then we wouldn't have the solicitors letter. At what point would a CPR letter be sent?

[cerberusalert]

Send the CCA to Cohens, it's their responsibility to obtain it from the original creditor. They have to provide it within 12 working days of receiving your request otherwise you can legally withold payment & they cannot take enforcement action until the provide it.

 

Depending on it's enforceability, it may be necessary to send the original creditor a sar which will cost £10. With this it will show exactly what has occurred with the a/c & might reveal the paperwork showing the transfer to the company.

[MASCK]

Many Thanks - I appreciate all the support from this site. Will get the CCA letter off.

[MASCK]

Need some help again as sent the CCA off to Cohens and have received from LEWIS this morning a Blackhourse statement showing last payment on the account June 2005 and then a list of Late payment interests and collectiona activity fee charged. They have also atached a one page credit agreement with my husbands signature Can't scan at moment but will try tonight). What do we do now? Any advise would be so welcome am feeling very sick over this

.

[cerberusalert]

It all depends whether it's an enforceable agreement or not. Have a look at http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html which will explain what is needed for it to be 'executed' properly.

[MASCK]

Unfortunatley it does seem to contain everything mentioned.

[dx100uk]

'a list of Late payment interests and collectiona activity fee charged'

 

well as a side issue all of these can be reclaimed + interest.

 

does it mention PPI too?

 

dx

[MASCK]

there is no mention of PPI.

[dx100uk]

shame!

 

dx

[MASCK]

If they have produced a valid CCA what are my options - do we just wait for the envitable court letter or is there something we should be doing?