Letter of Claim from Howard Cohen

by sharman Tue Feb 25, 2020 7:38 pm

Dear Community,
So grateful, I'd be so glad of some guidance.

LETTER OF CLAIM received 08/02/2020 from Howard Cohen on behalf of Hoist Finance Holdings 3 ltd who purchased and was legally assigned account on 29/04/19. The information sheet, reply form and income and expenditure form were included. amount of nearly £14,000.

Only this morning I already sent the first of 3 letters i had downloaded some yeras ago beginning "Dear interloper" and saying "provide verification of your claim". (before finding this forum)

I have just read some of the posts here, and see I need to address it to the CEO. Should i start again with the more recent letters on this forum and look for CEO's name to address them to?

Any advice gratefully received, I am attempting to educate myself. Spending days with autistic children and bringing them back into communication using GAPS nutritional protocol leaves energy for little else. Debt arose due to high court nonsense regarding a smallholding planning issue, as we try to grow our own uncontaminated food and spread the word about funcitonal medicine and regenerative agriculture. Opening the doorways of my perception.

i'm unfamiliar with this format of communication. forgive mistakes.
best

by waylander62 Tue Feb 25, 2020 10:55 pm

is this an official letter before claim/action ?

does it give you 30 days to respond or they will issue a claim through the courts ?
does it also contain forms for you to fill in and return to them as part of your response ?

it is a claim that could end up on the fast track where costs are considerably higher, but that can work both ways.

by sharman Mon Mar 02, 2020 10:58 am

yes, i believe so, it says Letter of Claim and says to fill in forms and return within 30 days

I began the three letter process on 23rd Feb. Is there another way to respond?

any advise gratefully received

by waylander62 Tue Mar 03, 2020 8:47 pm

then you need to:

i) send an official CCA request for a copy of the agreement
ii) send back the part of the forms which states you require more information/documents etc and enclose along with it an official request under CPR 31 for a legible copy of
a) any default notice served
b) any notice of assignment served
c) Statement of account showing how 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.

send it before the 30 day deadline or else they will likely issue a claim

by sharman Wed Mar 04, 2020 3:26 pm

thank you

what is an official CCA request? and CPR31? deadline in 4 days

I have attempted to find out by looking at other posts, but unclear. Oh... I just looked online, is this a valid source to find out things like what is a "CCA request" forgive my ignorance, I am a gardener, cook and child minder, these words and letters just leave me numb.

I have started the 3 letter process, I shall continue with that do you think?
very best

by waylander62 Wed Mar 04, 2020 5:01 pm

no to 3 letter process it will have little or no effect in stopping them issuing a claim

CPR 31 is just a letter asking for the documents i have mentioned

Head the letter at the top

Request for documentation under CPR 31 then simply ask for the documents listed.

head the official CCA request

please treat this as an official request pursuant to sections 77 - 79 of the CCA

then request a copy of the agreement along with the terms and conditions upon inception and any subsequent changes, enclose a £1 postal order as a statutory requirement and state that this £1 is NOT to be used for anything else .

if you have only 4 days i would send them immediately else the next that will happen is a claim form will fall on your mat.

by sharman Thu Mar 05, 2020 1:37 pm

Ok,
I've done the CCA request as per your instruction and posted recorded delivery today, will wait now.

do you do this out of the goodness of your heart? or somehow paid? or just for the satisfaction of helping people to see how the system works?
very best

... if anyone is listening... thank you for being there in the aether

by sharman Thu Mar 05, 2020 1:57 pm

Aaaarrrgh, as if I ever thought i had it all under control... I have now just received first letter about another debt from an overdraft from the same bank which i had to default on due to.. just such a long story, but it's all about regenerative agriculture and food as medicine... the powers that be are not so keen on me succeeding. any way this is first contact from new debt collectors Moorcroft.. for under 3K.

is it the 3 letter approach? maybe i should start a separate thread...

by **Mrblue2015** Thu Mar 05, 2020 1:59 pm

waylander62 wrote:

Request for documentation under CPR 31 then simply ask for the documents listed.

Hi Waylander62, just for clarification: the following link, which includes a 'Pre Action Conduct - Request for Information' template if you scroll down, refers to CPR Part 39.a (3.3). Is that therefore incorrect and it should be CPR 31?

https://goodf.forumotion.com/t41-the-3-letters-process

Thank you (on behalf of all) Smile

by **Mrblue2015** Thu Mar 05, 2020 2:01 pm

sharman wrote:Aaaarrrgh, as if I ever thought i had it all under control... I have now just received first letter about another debt from an overdraft from the same bank which i had to default on due to.. just such a long story, but it's all about regenerative agriculture and food as medicine... the powers that be are not so keen on me succeeding. any way this is first contact from new debt collectors Moorcroft.. for under 3K.

is it the 3 letter approach? maybe i should start a separate thread...

Please start another thread and use the letters for DCAs:
https://goodf.forumotion.com/t1163-new-alternative-letters-for-dca-s-acting-as-agents

by **daveiron** Thu Mar 05, 2020 2:05 pm

Hi, no one one this site is paid . Every one who contributes does so in the hope
that they can in some way help others.
We do not even ask for thanks ( although it is nice to receive) .
The only important thing is please please do some research of your own,we will
answer all that we can .
It is vital that people comprehend how the system works ,because just copy / paste
letters etc will not help you in the long term and will not be doing you any fovours.

The more you partisipate ,the faster you will lose the fear. & thats a great feeling.

by **Mrblue2015** Thu Mar 05, 2020 2:16 pm

100% agreed on all points from DaveIron

by sharman Thu Mar 05, 2020 3:21 pm

I totally see your point, it requires that one looks into it. There are so many abrieviations DCA's debt collection agencies, i presume. Moorcroft introduce themselves 'to act as a collection agent' so will start the 3 letter process with the new alternative letters, as per your suggestion, then try to work out how to start a new thread on the subject with reference to this one...

why do you have the moon phases on the page. very interesting.

by waylander62 Thu Mar 05, 2020 8:56 pm

Mrblue2015 wrote:
waylander62 wrote:

Request for documentation under CPR 31 then simply ask for the documents listed.

Hi Waylander62, just for clarification: the following link, which includes a 'Pre Action Conduct - Request for Information' template if you scroll down, refers to CPR Part 39.a (3.3). Is that therefore incorrect and it should be CPR 31?

https://goodf.forumotion.com/t41-the-3-letters-process

Thank you (on behalf of all)

to request documents under CPR31 forces the DCA to disclose documents which you are entitled to see or which they are relying upon in any claim, normally they escape such disclosure because CPR 31 does not apply to small claims, however this one is .over 10k so will be a fast track case

their solicitors will be fully aware of this and will also be aware that you can give them 14 days to respond with the documents.

not recommended for most cases we see on the forum.

by **Mrblue2015** Thu Mar 05, 2020 10:00 pm

Excellent, thanks for clarifying Smile

by waylander62 Thu Mar 05, 2020 10:33 pm

sharman wrote:Ok,
I've done the CCA request as per your instruction and posted recorded delivery today, will wait now.

do you do this out of the goodness of your heart? or somehow paid? or just for the satisfaction of helping people to see how the system works?
very best

... if anyone is listening... thank you for being there in the aether

good, dont forget the CPR and return those forms ( which i hope you sent back with the CCA request ) you have reached the 11th hour to stop an imminent claim

i do it because i want to and despise vulture debt buyers, no, never charge or get paid

by Libelresponse Fri Mar 06, 2020 8:10 am

Very pertinent point made waylander, this then leads us towards disclosure rules for below the 10k threshold claims .. time to go back to the CPR book.

by sharman Fri Mar 06, 2020 4:00 pm

I copied a template letter from on line about being entitled to receive a copy of any credit agreement under the Consumer Credit Act 1974, (sections 77-79) enclosed a payment then I wrote:

Under CPR31 this is an official request for a legible copy of
a) any default notice served
b) any notice of assignment served
c) Statement of account showing how the alleged sums have become due
d) the termination notice
e) the sale agreement/deed of assignmend evidencig your clients title to bring the claim

I included the form they sent, ticking the 'i need more information'

You write "not recommended for most cases we see on the forum." may i ask why?

by waylander62 Fri Mar 06, 2020 8:28 pm

below 10k, therefore destined for the small claims track where cpr 31 may not apply.

the CCA request and cpr 31 request should really be 2 separate items , 2 separate letters have you incorporated both in 1 letter ?

if you have it is nothing to be overly concerned about and sending the forms back ' i need more information' is the correct thing to do.

by sharman Fri Dec 04, 2020 2:49 pm

Hello!! long time no see, sending love to all.

This story has started again with a letter from Rob Way. A Pre-legal assessment. "account may be transfered to Howard Cohen & Co Solicitors"

It is the same debt. Already went to Howard C.&Co. I followed your advise in March 2020 and I sent the CCA request headed "please treat this as an official request pursuant to sections 77 - 79 of the CCA" some months ago. did not hear from Howard C.&Co. Heard from Rob Way 10th March acknowledging reciept and 'account will remain on hold until the documents have been provided'.

But now have this 'pre-legal assessment' letter dated 25th of Nov from Rob Way about the same debt.

Shall I send the 3 letters to Rob. Way again? I sent 3 letters in Feb 20 before i joined this forum, but I did not send an estoppel. should I send and estoppel d'you think? What is an estoppel, is there a template somewhere?

Thank you so much for your knowledge and willingness to free us from the machine.

by sharman Fri Dec 04, 2020 3:02 pm

I should be billing them for my time as per the letter I wrote them... how do I do that? just write to them and invoice quoting the relevant written communication?

by waylander62 Fri Dec 04, 2020 3:08 pm

what did you send them back in March

an official CCA request and also a CPR31 request and fill in and return the necessary forms ?

why start the 3 letter process again ? if you read your thread you will see what is required and why.

did they ever respond to your requests ?

by sharman Fri Dec 04, 2020 3:18 pm

I have read the thread, attempting to see. I am reading again. I wondered if the estoppal was an important part of the 3 letter thing, to 'finish things off' neatly.

by sharman Fri Dec 04, 2020 3:29 pm

thank you waylander62
so... I did not send two separate docs, I sent the official CCA request and only mentioned CPR31 in it.

should I now send a letter headed:

Request for documentation under CPR 31 (Civil Procedure Rules Part 31, Disclosure and inspection of documents)

and then list all the previously listed documents?

(I am really trying very hard to get it) thanks for your help

by waylander62 Fri Dec 04, 2020 3:53 pm

looks like you didn't quite get it ?

you dont say whether you returned the forms nor whether they responded to your CCA request ?

i wouldn't bother with an estoppel personally nor would i at this stage send a CPR 31 request

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