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  • Please help - Letter of Claim

    Hi all, I've just signed up but il try my best to explain.

    I've recieved a letter from Howard Cohen solicitors on behalf of hoist. Its a letter of Claim.

    The original creditor was Capital one and the amount being claimed is £383.53. The date of default was 4/11/2016 so sadly not statute barred.

    I had alot of problems during this time and tried to run away.

    I've replied to the Claim form ticking Box D ( I dispute the debt).

    I've also ticked box I ( I need more documents)
    I have e asked for The agreement, The default notice, The termination notice, The notice of assignment, The deed of assignment and finally a full statement of account.

    I have also used the template here for a cca request and will get the postal order tomorrow (who do I make this payable too).

    I haven't signed the notice of Claim letter but I have printed my name where it says print and left the signed section blank. Well not entirely blank, I put not needed there and drew a line thru it.

    I have photocopied everything. At this stage is there anymore i can do.

    Thank you for your time and hopefully you can help.


  • #2
    Start a diary first before sending anything off:-

    Type of account –
    Date commenced -
    Approx balance -
    Date last paid –
    Are you on arrangement or not paying
    Status -
    Account owner -

    Letter Of Claim:-

    Contact Colin G Quinn with a cross reference to this diary. Initial contact is free!
    For advice as how best to proceed!
    have a word initially free who deals with a lot of cases before you do more but get the diary done,
    Last edited by The Tech Clerk; 25 March 2022, 20:47.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Claim Received CCA Request Template send when told to get proof posting (free) keep copies of all on file. welcome by the way.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Hi and thanks for replying.

        Type of account - credit card (Capital one)

        Date commenced - 5/8/2015

        Approx balance - £383.53

        Date last paid – not sure exactly but default date was 4/11/16 so no payments since then.

        Are you on arrangement or not paying - Not Paying.

        Account owner - Hoist finance UK (Capital one)

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        • #5
          chat to colin initially, CCA newish so no doubt done on line? if so not an issue usually?
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #6
            Hi,

            I have received your message and I have responded.

            A date of a default is not the only reason a matter such as this may be statute barred. Far from it. For example, a claimant being not authorised under a statutory instrument would also render any claim statute barred.

            As you say you have copied everything, do you want to send copies of what you have to my email address in my disclaimer below? I'll review everything and one of us will get back to you.

            We do not charge for initial advice.

            Legal Disclaimer

            I am a Litigation Executive at
            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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