Howard Cohen/HPH Ltd (ex-Barclaycard)

[GlennBaker]

Good morning!

I have received 2 letters from Howard Cohen & Co Solicitors regarding 2 separate ex-Barclaycard accounts which I gather are part of the new pre-action protocol before issuing a Court claim. The main body of the letters appears to match what I have seen others receive and the points are as follows:

Letter no. 1: The debt originates from a written agreement dated 01/09/06. It was legally assigned to their client on 19/07/17.
Letter no. 2: The debt originates from a written agreement dated 30/05/06. It was legally assigned to their client on 19/07/17.

I do not have the letters of assignment and do not know when the last payment was made on either account. I think both of these may have once been Egg accounts but I am not certain. Sorry to be vague. I am an AAD+ member. I will happily provide scanned copies of the letters if required.

Thanks for any guidance on how to reply and proceed.

[Joanna Connolly Solicitors]

Have you ever sent a formal s 77-79 CCA Request to anyone? If not then now may be the time to do that, but reply to this post before you do.

No need to post up the letters. You have 30 days to reply before any claim should be issued.

Send a Subject Access Request to Barclaycard to get the full history of the accounts. One SAR for both debts is fine since the bank has to send you all data which they hold on you.

There's a template letter for that in this link at post #3 > https://www.all-about-debt.co.uk/for...mplate-letters

Di

[GlennBaker]

Hi Di and thanks for your reply.

I can't honestly remember if I've sent a s.77-79 request regarding either of these. I've checked my cloud drive and did find a couple of letters I sent to Moorcroft about an Egg Visa and Egg MasterCard back in 2012 but I'm not sure these are the same accounts.

One of the letters is dated 27/11/2017 and the other 28/11/2017 although I only received them on Thursday last week.

[Joanna Connolly Solicitors]

I can't honestly remember if I've sent a s.77-79 request regarding either of these. I've checked my cloud drive and did find a couple of letters I sent to Moorcroft about an Egg Visa and Egg MasterCard back in 2012 but I'm not sure these are the same accounts.

In which case send two seperate s 77-79 CCA Requests to Hoist with a £1 postal order for the statutory fee with each one. Use the reference numbers on the letters from Howard Cohen. I assume that Robinson Way have been writing to you about these before Howard Cohen were instructed?

Then send a copy of each CCA Request to Howard Cohen.

Everything goes Royal Mail Recorded Delivery.

See what response you get before you know whether you have to make a specific reply to those 'Letter Before Claim' letters. You have 30 days to decide, so see what happens in the meantime.

Send the Subject Access Request to Barclays.

When did you last make a payment towards either of the debts?

Di

[GlennBaker]

In which case send two seperate s 77-79 CCA Requests to Hoist with a £1 postal order for the statutory fee with each one. Use the reference numbers on the letters from Howard Cohen. I assume that Robinson Way have been writing to you about these before Howard Cohen were instructed?

Then send a copy of each CCA Request to Howard Cohen.

Everything goes Royal Mail Recorded Delivery.

See what response you get before you know whether you have to make a specific reply to those 'Letter Before Claim' letters. You have 30 days to decide, so see what happens in the meantime.

Send the Subject Access Request to Barclays.

When did you last make a payment towards either of the debts?

Di

Thanks very much for this. Yes I have had some correspondence from Robinson Way. When I send the copies of the CCA requests to Howard Cohen, does this count as a reply to their Letter Before Claim? Sorry if this is a daft question but I'm conscious that the dates of the letters don't give a massive amount of time before they can potentially take action. I cannot remember when I last made a payment to either debt but I will trawl through my bank account and see if I can find anything.

*UPDATE* Looking through my bank account, it appears the last payment was made to these debts on 28/08/2012. I'm guessing the SAR request will confirm?

[GlennBaker]

OK, I have sent the following all individually by Royal Mail 1st Class Signed For:

2 x CCA request to Hoist Portfolio Holding Ltd including £1 Postal Order in each
2 x letter to Howard Cohen & Co Solicitors enclosing copy of each CCA request
1 x SAR to Barclaycard including £10 Postal Order

Assuming I don't receive the information back from HPH or Barclaycard before the replies to the 2 x Letter Of Claim from Howard Cohen are due, should I tick the box indicating I dispute the debt and send it back?

Thanks.

[Joanna Connolly Solicitors]

OK, I have sent the following all individually by Royal Mail 1st Class Signed For:

2 x CCA request to Hoist Portfolio Holding Ltd including £1 Postal Order in each
2 x letter to Howard Cohen & Co Solicitors enclosing copy of each CCA request
1 x SAR to Barclaycard including £10 Postal Order

Assuming I don't receive the information back from HPH or Barclaycard before the replies to the 2 x Letter Of Claim from Howard Cohen are due, should I tick the box indicating I dispute the debt and send it back?

You've sent everything to the right people at the right time so wait and see what transpires.

I wouldn't assume anything at this moment in time.

Di

[GlennBaker]

You've sent everything to the right people at the right time so wait and see what transpires.

I wouldn't assume anything at this moment in time.

Di

Thanks Di. One of the forms needs to be returned by 28/12/2017 and the other by 29/12/2017.

[LarimarBlue]

Thanks Di. One of the forms needs to be returned by 28/12/2017 and the other by 29/12/2017.

I'm in exactly the same situation as you GlennBaker - am not sure who to send the Letter Before Action to - Hoist, Robinson Way or Howard Cohen Solicitors. Can you advise please Diana Mayhew? Thank you in advance!

[GlennBaker]

You've sent everything to the right people at the right time so wait and see what transpires.

I wouldn't assume anything at this moment in time.

Di

OK nothing received back as yet. Taking into account the Christmas period, I really should post off the forms from both of the Letters of Claim from Howard Cohen tomorrow, Friday 22nd December. Should I just tick the box indicating I dispute the debt?

Thanks Diana Mayhew

[GlennBaker]

OK nothing received back as yet. Taking into account the Christmas period, I really should post off the forms from both of the Letters of Claim from Howard Cohen tomorrow, Friday 22nd December. Should I just tick the box indicating I dispute the debt?

Thanks Diana Mayhew

I've sent the two forms back to Howard Cohen separately by 1st Class Signed For indicating that I require more information before taking advice regarding the debts. I've also referenced the s.77-79 requests I have sent to Hoist Portfolio Holding for each and the copies I sent to Howard Cohen.

Does this thread need moving?