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Cohen - Notice of Pending legal Action old Goldfish card


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Hi all,

 

Please be gently, im new to all this...

 

Ive tried to read up a little this morning but not got very far alone.

 

I will try to stick to facts because it seems easier to understand on here.

 

History

Credit card taken out in 1997 with goldfish it was maxed out at £2000 in 2003,

i payed £100 a month off it for years trying to keep my head above water and it was never used after 2003.

 

It was paid up until late 2010 i think. At which point it was £8000 owing!

I was made redundant in 2010 which is why i stopped paying!

 

I have had letters over the years from various dca's but i had buried my head in the sand as i was on benefits and struggled to eat never mind tackle debt.

 

The debt since 2015 has been chased by Robinson way.

Yesterday i got a letter, notice of pending legal action from Howard Cohen.

They have given me 10 days from the date of the letter to make an offer, other wise they 'have been instructed to issue proceedings in county court'

 

Trouble is, this letter was sent out on the 16th and i received it on the 20th

 

I have looked on my credit report for the first time ever, and it is on there so not statue barred i think is the term ive read.

 

Any or all advice appreciated greatly.

Many Thanks

DonOne

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So long as you are sure, write back to them stating that any alleged debt is barred by the Limitation Act and as such any claim will be defended on that basis

 

They do often tend to issue proceedings regardless and worry about the legitimacy of the claim as an afterthought, but at least you will be putting them on notice

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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If you are not sure about the last date of payment and it might have been within the last 6 years, so not statute barred, then i would suggest you send them a CCA request. If they can't provide the original CCA or a copy of it, then it should stop them proceeding with any court claim.

We could do with some help from you.

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ring goldfish [barclaycard] and ask last payment date.???

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi sidewinder.

 

This is the problem i am having,

the default notice on my credit report says its not due to fall off until March, but for Jan and Feb, it is marked BB which ive read means it has been in unpaid arrears for the previous 3 to 6 months ,

 

 

as its so long ago, i am pretty sure the last payment was at best December 2010.. And those markers confirm i might be right, but its still on there because of the default date.?

 

 

All i can tell you for sure, is i did not pay anything after January as i had no income what so ever by then. but i knew it was coming, so im almost sure i stopped paying the card at least a month or 2 before that.

 

Previously, I have had offers to settle at 50% etc.. And i stupidly thought it was just debt collectors chancing there arm i could pay it.

 

As im right on the fringe i have no idea what i should do?

 

Many thanks in advance.

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discounts=dodgy debt

 

 

id say its statute barred

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You need to stop being defeatest as that might stop you taking action needed. This debt appears dead, but if you want to avoid the hassle in dealing with a court claim, it is worth taking action.

 

Send the CCA request letter with the £1 postal order on Monday and get proof of posting from Post Office counter if not sending recorded delivery.

 

If you are sure it is statute barred, you could always add a note that you believe the matter is statute barred, as the last payment made was in December 2010.

We could do with some help from you.

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no chance in hell of them winning a court case..enforceable CCA for a 1998 goldfish card..rarer than hens teeth!!

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Don,

 

If you can check back and find, for certain, when you last paid to the a/c, it would be really useful. If you can't find out from your own paperwork, do as DX says in post #4 and call BC to see what they say.

 

They're probably having a final shot at getting you to pay before it goes Stat Barred but you need to find out for yourself when you last paid - don't rely on what the DCA tells you.

 

:-)

We could do with some help from you

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Ok, First, thank you all for advice,

 

I will do as suggested tomorrow,

I already brought the postal order on Friday in readiness,

but again, wasn't sure that was the right thing to do.

 

Just one more question, who shall i sent the cca to?

 

Solicitor's Cohen's?

or Robinson Way? Dept collectors

to HPH2 LTD? The Client?

 

Excuse my ignorance..

And again.. Thanks all

 

And as an after thought..

 

I am stating on here what is written in credit report as it being marked as BB January, and February, then the default appears in March.

( which i have read on net as meaning its 3 to 6 month's in arrears)

 

 

on said report from January 2011,

and after December 2010,

I had nothing coming in,

in the way of income,

 

 

So couldn't possibly have paid anything.

 

I'm vague as at this time, it was my business and marriage going down the pan, so the credit card payment was the last thing on my mind.

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As Cohens are chasing this debt, i would send the CCA to them, so they know about it and can forward it on to RW if necessary.

 

In these situations, where i am responding to companies, i always enclose a copy of their last letter, so it is easier for them to find their records and know what you are responding to.

 

Mark it urgent.

We could do with some help from you.

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Hi all,

 

I was just sifting through my credit report and noticed something i didnt previously notice.

 

The original creditor (Barclay Card. ) has put the default on 30/03/2011

 

But the debt collector (HPH2) has listed default date as 27/04/2011. Does this matter?

 

Sorry, im just trying to understand what the actual default date was.

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Does it matter ? DCA's are often given wrong information by companies. It is just one data field from a spreadsheet.

 

Statute barred runs from last date of payment or missed payment of a statement and not the default date. So if you failed to pay a statement at the end of 2010, it will be the date you missed the payment this is relevant. The reason being is that a creditor could delay issuing a default for ages or not bother at all. Hardly fair in terms of limitations act !

We could do with some help from you.

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Thanks Uncle Bulgaria,

 

I was wondering what the date was it falls off the credit report was all, if it was date of default, or pate of last payment. Maybe im trying to take in to much information at once, which isnt like me at all! (haha)

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If the date is wrong, then get a letter from Barclays and RW would have to correct the credit record on receipt.

 

Get the CCA off tomorrow, by recorded delivery or ar least get proof of postage.

We could do with some help from you.

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debts are removed on the defaulted dates 6th birthday

paid off or not, paying or not

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just doting some I's.

 

Who should i address the cca too, To robinson way? then send it to cohens?

 

Or direct to Robinson way, and send Cohens a cover letter with a copy of letter to Robinson way, and proof of postage etc?

 

 

surely by not sending it direct to robinson way,

they wont be in receipt of it in time for the solicitors to file the case?

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You do normally send a CCA req to a DCA, but what i don't want to happen, is the request to be held up in RW's system and Cohens not to be aware of it. Yes you could send a copy to Cohens to make them aware.

 

Given that Cohens are writing to you on behalf of RW, if it were me, i would send it to Cohens by recorded delivery and amend the letter to ask them to send the request to their client if necessary, after they have noted their records of the request.

 

Up to you really.

We could do with some help from you.

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hoist HPH2 robberwsay cohen are all the same group.

 

the FIRST thing you need to do TOMORROW is find the 16 digit card number and go ring Barclaycard !!

and finds out the last payment date

 

if the debt is statute barred then theres no point in a CCa request.

 

just send the SB letter in our library to cohens.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk,

 

I never had a card issued by Barclaycard,

I had the goldfish card,

 

 

i had started to try to pay this off years before the take over,

i never even had contact from barclaycard if i remember rightly,

i just saw the money leave my account as normal every month.

 

 

at this time, my marriage broke up, my business went down, i moved address..

. I have no personal records from this time, ( hell hath no fury like and ex wife).

 

 

My personal bank account is also different and has been for 6 years too.

Ive looked through the few things i do have from back then, but nothing indicated to that account or card.

 

could some one tell me if this cover letter to cohens is ok?

in this i will include the cca for Robinson way

 

 

As I said, im new to all this and relying on copy and paste...

 

Howard Cohen & Co. Solicitors

Suite 1B

Joseph’s Well

Hanover Walk

Leeds

LS3 1AB

 

[removed - dx]

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This link is the CCA letter from the CAG library

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**(1-Viewing)-nbsp

 

In regard to Barclaycard, i think they took over all Goldfish cards including admin of all previous cards that Goldfish ever issued.

We could do with some help from you.

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Barclaycard took over goldfish go ring 'em.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi all,

 

CCA sent this morning to Cohens.

 

The letter i posted this morning was the cover note i included for the solicitors, asking them to provide me with the docs they have to take it to court.

 

dx100uk.. I have rang Barcleys, they said as the account is so old, and was sold, i would need to write into them giving as much detail of the account as i have. As i dont have the card numbers or account number, the one i have pertains to the debt collector not them.

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how do they know the account is so old and sold?

you told them ...

 

 

and then they said that or they said that before you told them anything?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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