Letter of Claim from Howard Cohen and Co Solicitors

Hi all

I desperately need your help and advice as I believe this is only the beginning of my problems

I have just received a Letter of Claim dated 30.09.2020 from Cohen Howard & Co Solicitors advising that they were acting for their client, Hoist Finance UK Holding 3 LTD (ex Barclaycard) who intend to issue proceedings in County Court for an outstanding amount I have failed to pay, with the purpose of obtaining a CCJ, unless I provided them with acceptable proposals for paying them £7k+ within 30 days of their letter ( click the link for the scan of the letter )

Received a claim - Yes
Issue Date - 30/09/2020
Have you Acknowledged the Claim - No
Total Amount Claimed - £ 7759
Claimant’s Name - Hoist Finance
Solicitors Firm - Howard Cohen
Original Creditor - Barclay Card
Default date - First areas January 2017 Default July 2017
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statute-barred. No contact with anyone about the debt
List any letters you have sent (eg: CCA/ CPR ): No letters sent as of yet
Reason for default? Was going through a difficult family situation and wasn't able to carry on paying. Wife left me with two kids wiping out our bank accounts.
Are you able to pay for it? No, I'm not. I'm a single self-employed dad and due to Coronavirus I barely can make any money at all. Right now I'm looking for 9-5 job as it doesn't look that I will be able to support my kids from my self-employment any time soon.

I had a look through other similar topic and I was hoping that someone could guide me how to sort out this matter and talk me through step by step what might happen.
I hope I have included enough details but if anything is missing please let me know and I will update this asap.

What would be the next step? Should I send CCA request with postal order to Hoist?

I really appreciate any help you can provide.

How to respond to a Letter Before Action / Letter of Claim. Please follow ALL 3 steps:

1. Filling out the form:
From the form, tick the box that days you DISPUTE the debt. You should also have a box that says allows you to enter a reason for disputing the debt. In this box say the following:

Please find enclosed two letters:

a) A formal CCA (Consumer Credit Agreement) request along with the £1 statutory fee.
b) A formal request requiring you to provide additional evidence in relation to the alleged debt

(Do NOT fill in the expenditure form etc if they supply one!)


2. Letters a) and b) - the 'enclosed letters'

For letter a) write a headed etc letter and state the following:

This an official CCA request for a copy of the agreement, including the statutory £1 fee, to be supplied within seven days.
(Also enclose a postal order for £1 and on that postal order, ensure you write “payment for CCA request only”.)

For Letter b) write a headed etc letter and state the following:
This an official request for a legible copy of ALL of the following documents within 40 days in order for your client to evidence their claim to the alleged debt: -

a) Any Default Notice served
b) Any Notice of Assignment served
c) Any Statements of account showing how exactly the alleged sums have become due
d) The Termination Notice
e) The Sale Agreement / Deed of Assignment evidencing their clients title to bring a claim


3.  Photocopy all of the above (i.e. the form, your two enclosed letters AND the postal order) for your records PRIOR to sending an A4 envelope containing all of the original documents and postal order via Royal Mail Signed For delivery ensuring the envelope gets to the solicitor BEFORE the 30 day deadline. I personally would ensure you send off your envelope with two weeks or at the very latest, one week to go (don't risk leaving it too late...)

If you do not do the above, they will likely issue a claim and then it gets harder (but not impossible) to fight...

just an addition

howard cohen are threatening that Hoist Finance UK Holding 3 LTD are going to issue a claim against you ?

what date was this debt purchased by hoist from barclaycard ? notice of assignment ?

Mrblue2015 wrote:How to respond to a Letter Before Action / Letter of Claim. Please follow ALL 3 steps:

Thank you for your reply

Following your instruction, I will fill out the form they have sent me. Only the part where it says that I dispute the debt adding a comment about CCA and CPR. I will date the form and Print my name (no signature).
CPR I will just copy and paste what you have wrote
In regards to CCA, I have found a template. Do you think its overkill to use it? See below

Dear Sir or Madam
Re: Account/Reference No. xxxxxxxxxxxxxxxxxxxxxx

This letter is a formal CCA (Consumer Credit Agreement) request pursuant to s, 77 / 78/ 79 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 like full breakdown of the account including any interest or charges added.

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(4)a / 78 (6)a / 79 (3)a 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).

I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974 not to be used as any payment against any alleged debt.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.

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.

I look forward to hearing from you.
Yours faithfully

waylander62 wrote:just an addition

howard cohen are threatening that  Hoist Finance UK Holding 3 LTD are going to issue a claim against you ?

yes

waylander62 wrote:what date was this debt purchased by hoist from barclaycard ? notice of assignment ?

I haven't kept too much paperwork in regards to that, but I can see that originally debt was bought by Wescot in April 2018. Then in January 2020, Barclay transferred my account to Hoist. I have received Notice of assignment dated 13th of January 2020 that my account has been assigned to Hoist.

In my opinion, you only have to follow my simple instructions. They ignore all the get clever stuff from experience and that of others, deliberately or because they don’t understand our requirements, take your pick. But who cares to be honest, as long as we (GOODF) know now what we are taking about and collectively we do

It’s a simple case of demanding the documents listed in my instructions and a separate letter demanding they supply a true copy of the CCA plus Ts & Cs. That’s it.

(IF it gets to a court claim, someone will help you with the “clever stuff’ to communicate with the court, not these other debt monkeys!)

regarding especially SAR(s) THEY ignore all the clever stuff & only give what THEY think you mean, NOT what's actually asked for.

Too true mrblue!

(1720)

very quick to threaten court after being assigned the debt !?

follow Mr Blues advice

fill in necessary form along with a request for documents ( except copy of agreement )

send a separate CCA request for a copy of the agreement this is probably most important at this stage.

It is a fairly recent account so i would expect the paperwork to be readily available. we will see.

if you havent already done so send a full SAR to the OC, shame you haven't got your own paperwork,

i never throw any of this type of paperwork away i have statements and info going back almost 20 years you will be amazed how they provide documents which dont even come close to the originals so are therefore false instruments and can be proven to be so.

waylander62 wrote:i never throw any of this type of paperwork away i have statements and info going back almost 20 years you will be amazed how they provide documents which dont even come close to the originals so are therefore false instruments and can be proven to be so.

I beleive it may be a crime of Uttering.

Please look at the Larceny ACT 1916 & the Forgery Act 1913.

waylander62 wrote: i never throw any of this type of paperwork away i have statements and info going back almost 20 years you will be amazed how they provide documents which dont even come close to the originals so are therefore false instruments and can be proven to be so.

Totally agree Waylander62. Lesson for all viewing this post. I have docs from the past above and beyond those docs that I have even received via a SAR from any Original Creditor (OC)... Then again, these OCs do love to miss out a SAR doc or two

thanks LS always like to look at new acts will take a look when i have time

too true Mr Blue, caught out lowell and vanquis a few years back, still had original default notice which gave 7 days to remedy a no no under CCA, low and behold a different default notice appeared in lowells evidence.

sent a deposition letter to vanquis and a notice to prove to lowell ( copies to court of course ) , wasn't long before the claim was discontinued, vanquis never heard from them again.

waylander62 wrote:It is a fairly recent account so i would expect the paperwork to be readily available. we will see.

Originally debt was bought by Wescot in April 2018. So if that would be so easy to claim, with all paperwork being available, I would think they would have tried harder to get any money from me. Instead of that, in January 2020, Barclay transferred my account to Hoist so we will see how that will end up.

waylander62 wrote: i never throw any of this type of paperwork away i have statements and info going back almost 20 years you will be amazed how they provide documents which dont even come close to the originals so are therefore false instruments and can be proven to be so.

Unfortunately, I don't have a lot of paperwork as I never thought I will need them, but there is nothing more I can do about it. Hopefully, this post will help someone else not to make the same mistake

waylander62 wrote: follow Mr Blues advice

I did and got tracking record that letters have been delivered yesterday Thank you all

wescott would not have bought the debt they would have been acting for barclaycard.

for debts such as this it is very very rare for the OC to take the matter to court, much easier for them to sell on to vulture funds in bulk ( by the 1000's) clears their debt portfolio so they can then 'lend' to the next 1000's of customers

and so begins the next cycle of debt.

Yep, totally the case Waylander62

Small update, sorry for the delay.

I have received a letter from Robinsons Way Dated 11.11.2020 stating.
"Thank you for your recent contact in response to the Pre Action Protocol response pack. We apologise for our delayed response.

We acknowledge receipt of your request under sections 77/79 of the Consumer Credit Act 1974. We have requested documents mentioned in your letter from our client, and they are currently in the process of retrieving these.

Please note that under the new General Data Protection Regulation (GDPR) you are no longer required by law to pay £1 in order to request your credit agreement. Please find enclosed the return of your £1 fee.

Your account will remain on hold until the documents have been provided. Once we receive a copy of the requested documents, copies will be provided to you, and your account will be placed on a further hold to allow time for you to contact us."

So they have received my letter on 23rd of October, they responded after 3 weeks with the above, and till now I haven't heard anything from them.
So what that exactly means for me now?

How did Robinsons Way come into the equation? Especially as you replied to a Letter of Claim that you received from Cohen Howard & Co Solicitors, acting on behalf of their client Hoist Finance UK Holding 3 LTD?

How are you getting on with the SAR? Has Barclaycard responded with the results of your SAR?

Globus wrote:Small update, sorry for the delay.

I have received a letter from Robinsons Way Dated 11.11.2020 stating.
"Thank you for your recent contact in response to the Pre Action Protocol response pack. We apologise for our delayed response.

We acknowledge receipt of your request under sections 77/79 of the Consumer Credit Act 1974. We have requested documents mentioned in your letter from our client, and they are currently in the process of retrieving these.

Please note that under the new General Data Protection Regulation (GDPR) you are no longer required by law to pay £1 in order to request your credit agreement. Please find enclosed the return of your £1 fee.

Your account will remain on hold until the documents have been provided. Once we receive a copy of the requested documents, copies will be provided to you, and your account will be placed on a further hold to allow time for you to contact us."

So they have received my letter on 23rd of October, they responded after 3 weeks with the above, and till now I haven't heard anything from them.
So what that exactly means for me now?

someone correct if I am wrong but I am sure you can do a SAR of all details held by a bank, loan co etc for free as Robinson Way to their credit pointed out.

I vaguely remember doing a SAR on a few banks and CC companies to check if I had PPI just when the window of claim op was closing. It worked a treat with some banks but LLyods were very sketchy and I didnt pursue that action.

If anyone is interested I may still have a copy of the template SAR.....

Hi falco,
Yes in most cases we recommend sending a SAR to the OC.I believe we have
templates on the site, although personally I just request 'Any and all ' information
held. Its simple and leaves them no wriggle room.

Just to wrap things up because I haven't realised that I have never updated my threat.

After sending a formal CCA (Consumer Credit Agreement) they eventually replied that they have been unable to supply all the documentation required and they have decided not to pursue the outstanding balance.

Since then, I have managed to help three people in similar situations and I have noticed that all CCA led to a drop off the outstanding balance due to a lack of documents with regard to issuing credit cards and credit card debt, were connected with "traditional" banks like Lloyds, Barclays and Halifax. The same didn't work with MBNA or Argos as they had very detailed documentation even a few years after the original debt occurred. Just a side note, maybe it will be useful for someone.

Bottom line. Sending a formal CCA is a MUST. Doesn't cost you anything and it can easily lead to your debt being dropped off.