COHENS/NEXT Need a genius!!

[henry5]

Hi Everyone

Came home from work today, letter from Cohens the Muppets!!

notice of pending legal action for a Next account owing a couple of hundred quid!

A) Its only been 6 weeks since my last payment

B) Dont even think I've had a letter/phone call from Next chasing payment - know for certain i've not had a DN. Had this account for years and even when I've been weeks late Next were fine

Why/How have these pillocks got hold of my account. Does this mean they've bought this off Next for say a fiver or are next using them as their DCA?

They even mention claimants name now on their letters Barbara Bowyer of Next Directory and harp on about this being a letter of claim under the practice Direction etc.

Went to court with these Numpties last year when one of you legends helped me provide a stinking hot defence - Cohens never turned up!

Wonder if anyone has a great letter template or any advice on dealing with this case.

I do like putting one over these useless turkeys!!!

Thankyou again I really do appreciate the brilliance and knowledge of some of you guys!!

[harrassed senior]

Mmm certainly seem very hot of the mark so to speak. I presume that you have checked that it is your account they are chasing, you never know with the likes of them do you? Personally I would ignore them and just deal with the OC.

[henry5]

Thanks HS sorry for not getting back sooner - had something URGENT!

Love dealing with HC though - they are such idiots - surely it's too late now for the OC

[Somebody Told Me]

They won't have sold it on yet so HC are probably collected on Next's behalf.

You said that you've been late before and Next were fine have you spoken to them this time around?

Best thing to do is give them a call and come to an arrangement and get it confirmed in writing to cover yourself.

[PGH7447]

send cohens the prove it letter, and check with next to see what has been going on

[henry5]

Anything specific to put in that letter?

[Somebody Told Me]

For now I'd ignore as already suggested but get in touch with Next to explain your sides of things and get agree an arrangement to clear what you owe.

If you want to write to them I'd just make it clear that you don't acknowledge any debt being owed to them and leave it unsigned.

If you maintain a dialogue with Next and stick to any payment promises agreed on I'm sure you'll be fine.

Keep us updated.

[henry5]

just spoke to next, the account has been assigned to Cohens the clowns, they have actually bought debt of Next, no DN, no phone calls, no letters etc

need a cracking letter to send to cohens anyone know of a good template in this situ

thanks

[harrassed senior]

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

You could send the 'prove it' letter but as this has already been 'confirmed by next' a waste of time really.

 

There are certain things however that you should have received and which you could put at the start of your CCA request letter:

 

You require a Default Notice from the OC: You require a letter of Assignment/confirmation of Assignment from both OC and DCA - in writing on their own headed paper.

 

check your credit files too.

[henry5]

thanks

I will post this on monday and let you know the outcome

thanks for your help

[PGH7447]

Check to see if cohens has a licence to collect debts, I think you will find they dont

[Bazooka Boo]

Hmm, just found this PGH.....I have punished myself suitably for finding it....

http://www.phillips-cohen.co.uk/Elements/LICStandardLicence.pdf

 

Or is that the wrong ones?

[henry5]

yes this is those prize pillocks Howard Cohens I believe they do have a licence to collect?

[Bazooka Boo]

Yeah, according to that they do...

[PGH7447]

the link you have is not Howard cohen, so who has been in touch with you, Howard cohen is a so called solicitor who doest the dirty work for CL Finance and the Lewis group

[henry5]

Thats right the web link given in previous post was incorrect, the letter is from howard cohens, leeds

[PGH7447]

so check the csa website, he is not listed, check his website he is not showing any affiliation, ergo he is not registered to collect any debt, therefore he must be under instruction from someone, if he is not report his sorry ass

[henry5]

Weird - just rang number on letter - lewis group answer, Next Directory tell me accounts been sold - lewis group tell me it hasnt, Lewis group are the DCA and cohens whom I have received letter off is solicitors. Will be sending cca off recorded to Cohens tomorrow unless someone has a better suggestion cheers

[PGH7447]

CCA Lewis and demand their complaints proceudre if the only letter you have had is from cohen demanind monies, and report cohen to the OFT for demanding monies when he is not entitled to, time this muppet was reined in again