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HoistUk/Cohen PAP letter of claim - ex barclaycard debt


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Hi all,

I received a Letter of Claim from Restons Solicitors, acting for Hoist Finance UK Holdings Limited (see attached).

This relates to a Barclaycard debt of around £4700, which is recorded as defaulting in September 2015.

As with my other debts (not currently chasing), the debt happened due to some difficult personal circumstances, and I of course regret the action I took at the time.

That said, it looks like this company are planning to make a claim in court, and with the letter being dated 20th April, I really need to send them a respond today or tomorrow by recorded post, to ensure that I am within the 30 day deadline, as far as I understand things from what I have read here. The letter asks me to pay within 30 days, and also includes a reply and income and expenditure form.

The agreement with Barclaycard was originally taken out on 3rd June 2010.

I would appreciate any advice on how I should respond to this letter. I'm aware that I have very limited time to respond.

I unfortunately don't have the means to clear the balance.

Many thanks.

cohen1.jpg

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  • dx100uk changed the title to HoistUk/Cohen PAP letter of claim - ex barclaycard debt

follow post 2 here

 

tell us a bit more of the history of this debt please

when taken out

last payment date.

is this on your credit file

defaulted date

etc etc 

 

retitled and moved to the Barclaycard forum

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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States Howard Cohen on the letter...you refer to Restons ?

 

Andy

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Hi Andy. 

 

According to my credit file, the account start date is 03/06/2010. 

No idea on last payment date.

Default date: 29/09/15

Balance 4.8k

 

 

20 minutes ago, Andyorch said:

States Howard Cohen on the letter...you refer to Restons ?

 

Andy

 

Sorry, yes, should have written Howard Cohen. I had a different issue with Restons, relating to another account.

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well I hope you aren't blindly paying anyone let alone restons without 1st sending their client a CCA request..🕵️‍♂️😂

 

now, why don't you know your last payment date?

is it within 6yrs..mores the point please

 

and yes we wouldn't refer you to it if it wasn't current would we now?

 

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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noted, and apologies! I'll get that CCA request sent to Cohen. 

 

I'll try and see if I can find out what the last payment was made.

Yes, it would be within 6 years (some time in 2015 I think).

 

regarding the other debt I mentioned

- Reston sent me a pre action letter on behalf of Arrow Global, back in 2017.

On advice I received at the time, I sent a CCA request to Arrow Global, along with a response letter to Restons asking for a list of transactions, notice and deed of assignment, as well as default notice.

 

It was a while back, but haven't  heard from them in a long time. at that point,

I thought it was almost certainly going to court, but hasn't so far anyway. 

 

do I also need to request similar docs from Cohen, in addition to CCA ?

 

 

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CCA request goes to cohen client not cohen

read post 2 of that link topic CARFULLY

it also tells you what other docs to ask for already

remember use OUR attachment NOT the reply form they sent you in the PAP pack you got.

payment is within 6yrs so last payment date at this time is somewhat immaterial

 

as for the reason/arrows debt..

not sure you got the info the info from here as we never state to ask for the deed of assignment.

what was your old username if you did?

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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thanks. will check the post carefully and also download the linked attachment.

 

you're right, I was given the advice to ask for deed of assignment on another forum back in 2017, rather than here.

 

in post 1, it confirms that I have 30 days to reply to the letter. As the letter is dated 20th April, assuming I send your attached response form tomorrow 1st class, will this be acceptable (or could they only receive it when back in work on Monday, so over the 30 day period)? 

 

 

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don't fret about timing

don't forget a DCA or their dogs are NOT BAILIFFS

and have

ZERO LEGAL POWERS

that you or I don't already have.

 

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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thanks for the reassurance, much appreciated. I was just worried they might immediately instigate court proceedings.

 

"I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation."

 

which reason would you recommend I write for box D of the response form?

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was there any issues with bc at the time or you just stopped paying everyone sort of thing..

you've not moved in recent times have you BTW?

 

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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just stopped paying everyone at the time unfortunately. was going through a difficult family situation at the time, which all got a bit messy.

 

I was actually living outside the UK at the time this credit card defaulted, but we have since moved back to the UK (2-3 years ago). 

 

Howard Cohen must have looked up my new address via my credit file.

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good job they did then

 

as for all your other debts that are within 6 yrs of last payment

you really should be writing to each one informing them of your correct address.

else you could be getting backdoor CCJ's you wont know anything about till they bailiffs are at your door.

 

checking  your credit file will help identify most of them.

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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thanks. I'll check which are not aware and let them know. as you mentioned, they are listed in my credit file

 

just to clarify, what reason should I include for box D of the attached response form?

 

Box I starts with the text 'I need a copy of...', whereas the instructions in post 2 includes text which starts with "I have requested by way of a cca request the signed agreement from the debt purchaser [cc attached to this reply form]" etc. Should I just cross out the 'I need a copy of..' and refer the person reading to a separate page with the full text asking for default notice, notice of assignment etc?

 

Also, although the top of the reply form asks a user for email address and telephone, I guess I should just leave those blank, and to not sign the reply form as instructed on page 13, but just print my name instead.

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now go back and read post 2 of that topic CAREFULLY again.

 

 

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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thanks. however, my response was based on the info I read in post 2 (not to sign the form, not to provide phone or email etc).

 

just wanted to check about box I, as the suggested response in post 2 started with 'I need a copy of..' rather than what is suggested in post 2 for that section.

 

for box D, post 2 advised that I should "dispute this debt because..recommended reason as advised from your thread". I'm not sure what reason to put here from this thread.

 

 

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no need to do the financial statement etc anything else or send anything else bar the above

do NOT give them your phone nor email

PRINT your name

never sign the form

 

box I 

simply copy and paste after I need a copy of 

I also require you to supply the following..

a copy of the Default Notice

A copy of the Notice of Assignment

A complete set of statements detailing exactly how the debt has accrued detailing:

I. All Transactions.

II. any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA.

III. details of all contractual interest added by whom and on what date.

IV. List of ALL Payments made toward the Agreement

 

box d ...cant see any additional reason other than...the debt purchaser has yet to provide any or all of the required documentation.

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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