Help! letter of claim Pre-action protocol letter recieved howard cohen- what do i do??

[teenyhound]

Hello all, I haven't heard anything about this in over years, and i think it's SB in feb next yeat, i got two of these today from the same place, what do i do??



letter of claim


We act for HOIST PORTFOLIO HOLDING 2 LIMITED and write to inform you of its intention to issue proceedings in the county court fot the above outstanding amount (£2609)that you have failed to repay.


Details of debt:
This debt originates from a written agreement betwen the original creditor (lloyds credit card) and you.
The agreement was subsequently terminated when its terms were not complied with.


Our client later purchase this account and it was legally assigned on 08/09/2015. The notice of assignment has previously been provided to you. (never got it).


There have been no interest or administartive fees/charges applied to your account since we aquired it.


You should note this letter is being sent in accordance with the pre-action protocol for debt claims of the civil procedure rules.
The court rules comfirm the actions either party must take before a matter goes to court. We should point out that paragraph 7 sets out its expactations for you and our client in how to comply with the protocol.


Despite our clientss of it's agents Robinson way limited attempts to engage with you to agree a suitablle payment plan, the above amount remains unpaid.


It then goes on to tell me i need to complete the enclosed information sheet, reply form and income and expenditure form, and tells me i am required to make payment within 30 days and if i don't respond, a claim will be issued in the county court without further notice.




What do i do here? I have no information on this, do i have to complete their form? is that admitting liability for the debt? can I send a CCA?

Please help

[nightwatch]

have you ever sent for a CCA for this account ? if so was it enforceable or not?

are you a member of AAD+ as that is where the templates you may need are.
The letter from Howard Cohen needs a LBA sending and as Hph2 have Robersway collecting you will need to send a SWID/CCA request to them.

sorry but am on phone and can't link to anything for you.
will flag for someone to help

NW

[Joanna Connolly Solicitors]

You say you've got two letters from Howard Cohen so are they for the same debt or is there another one?

Di

[teenyhound]

Thanks for the swift replies. Nightwatch- i did CCA them years ago (pre 2013) and i can't remember what the outcome was. I had a bit of breakdown and moved and threw everything away.
I will join AAD+ and get to work on the templates.
Do i need to complete the forms in the pre action protocol as well as send an LBA and SWID/CCA?
My concern is if i don't complete the form they will push for a ccj as i've faile to comply- i don't know if they can do that if i'am awaiting a CCA.

Di- two debts, one £1080 and other £2609.

Thanks again for the very quick replies, feel calmer already.

[teenyhound]

Ok, i've joined AAd+- great resource, i am a bit overwhelmed by what to send, if you could send me to the correct ones when you are able to Nighwatch, that would be brilliant.
I've found the LBA- but it's to send if you''ve sent a CCA? Do i send a CCA and this?

[teenyhound]

Been reading lot of threads- i'm guessing they are pushing this as it's close to becoming statute barred (4 and a bit months).
Seeing as they've waited this long to do anything- i imagine they don't have much to go on and are hoping to push it through uncontested?
Now i have until 3rd nov to reply to this form, and it says:

"if you return the reply form within 30 days you and the business will have at least another 30 days to discuess the debt, or for you to seek debt advice before the business can take you to court". It also says that "if you request more information in the reply form, the business must wait at least 30 days after it gives you that information before taking you to court"

So, in theory, i can hold them at least until the 3rd december by responding to the form close to 3rd nov and ticking the box to say "I dispute the debt" (it asks for a reason why and to provide as much detail as possible- no idea what to put as a reason- or even if i have to complete this form if i am sending a CCA to robbers and LBA to cohen?) and then get at least another 30 days by simply replying, and then another 30 days from whenever(if ever) they send the requested documents.
If they don't come up with any legit documents before feb are they able to still take me to court or am i looking at it being SB?


Also, do i have to complete the customer financial statement part too? I dont want to give them any excuse to view my response as incomplete and be able to push through for a CCJ and on the one hand, they might look at my pitiful incocme and decide it's relly not worth pursuing, but it also kind of feels like an admission of aceptance and a bit invasive.

[nightwatch]

Ah, this is the new way of doing things, brought in to try and stop company's bringing court action without first finding out if they can,
I don't think it will,

I am not in UK at the moment, so am limited as to what I can point you to,

wait and see if Di comes back to you as I don't know if she may be able to help with the reply. you have until November to reply so don't rush as that will give you more time to try and stretch it out.

I don't think you have to fill in the financial details as I think the return form asks if you have filled one in.

I will keep checking in so see what's happening as Hph2 have 2 of my accounts and they are nearing SB

[teenyhound]

Are you on holibobs? Have a great time!
I totally freaked when i first got them- had a bit of a brain fart and couldn't read them properly or take anything in. Once i calmed down, i noticed the cover letter by HC was very much "you must pay within 30 days or else" and the actual PAP form very clearly says "0 days to respond" then "30 days to communicate after you've replied before they can take you to court" "30 dayys after you recieve any documents you request" that eats up a lot of time!
So yes, i will ponder my reply for a few weeks :-)

[teenyhound]

hello all, it's getting closer to november so i thought i should start thinking about how to respond to these pre-action protocol letters.
How is best to do it to draw out the time frame while still complying with the letter?

I just did the maths and i have 116 days give or take until i'm SB!

[nightwatch]

PM Di or Niddy, I have no Idea what to send in reply apart from the LBA, you do not have to fill in the income part, unless you are offering a payment. sorry can't be of more use but am unable to open any links to you, not back in UK till April, Tab is very limiting, NW

[teenyhound]

Thank you Nightwatch, will do.

[teenyhound]

I've sent Di a pm but not sure she's got it so I sent an email last night as well.

[teenyhound]

I've sent Di a pm but not sure she's got it so I sent an email last night as well.

[JLC]

I just sent the LBA letter when I received the same sort of letter. It might also be worth sending a new CCA request to the new owner of the debt.

[Still Waving]

Hi

As Nightwatch said some time back, I think you ought to have sent off a CCA request to Robinson Way (if Howard Cohen say they are the client) copying HC for info. If you haven't already, you should probably get that off right away. Under the Consumer Credit Act 1974 a debt is unenforceable while a CCA74 request is unfulfilled.

As Nightwatch said, this is the new Pre-Action Protocol, and as such I am not certain of the right step in your situation. Obviously you need to respond by at least partially completing the forms sent to you ( the guidance says that partially completed Reply Form should be taken by the creditor as an
attempt by the debtor to engage with the matter)

My own thoughts are that you should probably indicate either that you don't know whether you owe the debt, or that you dispute the debt (what grounds would you currently have for disputing it?). You should also indicate that you require more documents or information, listing for example; a copy of the Credit Agreement, Notice of Assignment, Default Notice, Termination Notice, Statements of Account. Do not complete the I&E section.

Hopefully Di will respond to you with broadly similar or enhanced advice, but in the meantime you should probably prepare the CCA request, so it is ready to go (1st class recorded delivery).