NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

by Charlotte2980 Thu Jun 28, 2018 10:54 pm

Hello,

Please may I first start by saying that... THANK GOODNESS I found this site. As a new addition and registered user from the old Get Out of Debt Free. It took me a long time to find you.

This is an incredibly emotional time at the moment especially after I opened the letter from Howard Cohen & Co. Solicitors Letter of Claim I received dated 21/06/2018 informing me of their intention to issue proceedings in the County Court with reference to the £9,125.64 the claim i owe. To add, there was no added details accompanying this letter of a signed contract. Baring in might as highlighted in the Title of Topic this debt goes back 14 years. As per the letter (I have attached a copy) the debt originates from a written agreement dated 12/11/04. Please see letter for further information.

The debt originated from HFC Bank who was later brought by Hoist Portfolio Holdings 2 Limited who then appointed Robinson Way.

I am so livid and upset, not to mention the embarrassment this has caused as I just broke down to my partner! 14 years has passed and they only now get solicitors involved.

I would really appreciate your help, what type of letter I need to send, because on the national debt line www.debtcamel.co.uk is states if you write saying that the debt is Statute Barred and you are wrong because the debt is not, then your letter is likely to have "reset the clock". I took out an IVA but I have no idea when I defaulted on this, could it be that the solicitors have taken over due to coming up to the six years Statute Limitation period? I am so confused. PLEASE HELP.

Thank you,

Charlotte

by **assassin** Fri Jun 29, 2018 2:24 am

You need to find out when you you made your last payment as only this will identify the period of non payment and if it is over 6 years (5 years in Scotland) then the debt is statute barred.

The National Debt Helpline is funded by debt collection companies and they have no interest in offering genuine help, they do have a vested interest in threatening to make you pay.

if you write saying that the debt is Statute Barred and you are wrong because the debt is not,

This gives them away as the law says differently, so a clear case if deliberate misinformation, this is done so that people are scared into paying when they don't have to pay.

by **assassin** Fri Jun 29, 2018 2:30 am

This is what the national debtline website says:

What is the time limit for collecting debt?

The Limitation Act 1980 sets out the rules on how long a creditor (who you owe money to) has to take certain action against you to recover a debt. The time limits do not apply to all types of recovery action. Also, the time limits are different depending on the type of debt that you have. This fact sheet outlines when you can use the Limitation Act.

Limitation periods for debts are important, because if the creditor has run out of time, you may not have to pay the debt back.

What does ‘statute-barred’ mean?

See our fact sheet:

Credit reference agencies and credit reports.

If a debt is barred under statute, it means that by law (the Limitation Act), the lender has run out of time to use certain types of action to try and make you pay the debt.

Statute-barred does not mean the debt no longer exists. In some circumstances, the creditor, or a debt collection agency, can still try and recover money from you. You can choose to pay if you wish. Even if the debt is statute-barred, it may still be on your credit reference file. This may make it harder for you to get further credit.

by Charlotte2980 Fri Jun 29, 2018 9:25 am

Edited...

NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt! 2_howa11

NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt! 3_howa11

NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt! 4_howa10

Attachments

: 1. Howard and Co. Solicitors.jpg You don't have permission to download attachments.(640 Kb) Downloaded 6 times

by Charlotte2980 Fri Jun 29, 2018 9:27 am

These are the letters I received, apologies I could not upload them before.

I am in the process of locating documentation to when I last paid (as it was an IVA I entered in to).

by waylander62 Fri Jun 29, 2018 11:31 am

Hi
first and foremost this is a letter before claim, they must send out one of these prior to issuing a claim in the courts. It is important that you respond to this requesting documentation that you are entitled to, they will then have to provide this documentation before actually going to court.

secondly you must also try and find the information that assassin is referring to, this could also help your case. IVA's are not helpful when trying to defend a debt such as this because it is an admission that you owe the debt but can be overcome.

in my opinion you need to concentrate initially on responding to this letter to stop them proceeding to court and buy yourself more time.

by Charlotte2980 Fri Jun 29, 2018 11:36 am

Thank you waylander62 appreciate your response.

My head is all the place I am not thinking clearly to which avenue to take first. OK, so shall I sent Letter 1 out as detailed in this forum? Which basically requests such documentation. Also as outlined in the letter there are Hoist Portfolio, Robinson Way and now Howard Cohen & Co. To whom do I sent a letter of request to, all of them or just Hoist and Robinson Way?

Thank you.

by waylander62 Fri Jun 29, 2018 11:45 am

this is only my personal opinion, but the 3 letter process this far down the line won't help.

the solicitors are threatening you so i would send everything to them, i have also noticed that the deadline for responding is 22nd July, so use the time you have dont send it too early.

dont panic at this stage, a cool head will help you they are going NOWHERE with this until at the earliest end of july, and if you request further evidence at least probably another month.

try and recall what has happened, and find any paperwork you may have in relation to this debt. Nothing further is going to happen for some time if you reply correctly to this letter.

by Charlotte2980 Fri Jun 29, 2018 11:54 am

So send letter one you suggest as this is the letter requesting the documentation in order of what I require?

Would you suggest that I sent out copies to Hoist Portfolio and Robinson Way?

by Charlotte2980 Fri Jun 29, 2018 11:56 am

Box I states:

'I need more documentation or information' shall I fill that out and send too along with the letter?

by waylander62 Fri Jun 29, 2018 12:02 pm

Charlotte2980 wrote:Box I states:

'I need more documentation or information' shall I fill that out and send too along with the letter?

yes that is the one, box I, put in the box that you nee more information AND also put in the box see separate letter(s)

send a separate letter requesting documents and also send an official CCA request, get this all ready to send but dont send it just yet, wait until probably the 14th/15th July. make sure it gets to them a day or so before the deadline date.

by Charlotte2980 Fri Jun 29, 2018 12:07 pm

Hello,

I had privately messaged you could you kindly confirm if you have received this?

There are so many letters I am totally confused which one to send out.

Thank you.

by waylander62 Fri Jun 29, 2018 12:13 pm

yep i have

by **Lopsum** Fri Jun 29, 2018 2:03 pm

i deleted the double thread, i see this is the active one.

by Charlotte2980 Fri Jun 29, 2018 3:08 pm

Thank you Lopsum, it was, I was just trying to work out out to do things and posted in htat group by accident. Apologies.

Lopsum wrote:i deleted the double thread, i see this is the active one.

by **Lopsum** Fri Jun 29, 2018 4:22 pm

no problem Smile

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NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

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Edited letter from Howard Cohen & Co. Solicitors

Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

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Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

Thank you

Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!

Re: NEED HELP PLEASE - Howard Cohen & Co. Solicitors RE: 14 year old debt!