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Need help with Howard Cohen solicitors for Hoist finance court claim

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  • Need help with Howard Cohen solicitors for Hoist finance court claim

    Hello everyone newbie here,

    Looking for some help with my situation.

    I'm an expat living abroad for the past 5 years and recently a relative sent me a pic of a letter of claim from Howard Cohen dated 28/01 on a debt (details below).

    This letter was sent to the address I used to live at before moving abroad and came across it by chance. So i called them as I had no idea who they were and they said a court claim has now been issued,

    I've never had contact with Hoist or Howard Cohen before, I'm a bit confused what I need to do. Do I issue a CCA to Hoist and Howard Cohen solicitors ?

    Also in the original letter of claim the following is written:

    " This debt originates from a written agreement dated 04/07/08 between the original creditor detailed above and you. The agreement was subsequently terminated when it's terms were not compiled with."

    Am I right in that they are saying they have no agreement ?


    Received a claim - Yes
    Issue Date - 7 march 2019
    Have you Acknowledged the Claim - Not yet
    Total Amount Claimed - £ 4956
    Claimant’s Name - Hoist Finance
    Solicitors Firm - Howard Cohen
    Original Creditor - Barclay Card
    Default date - May 2017
    Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    Debt was legally assigned by Hoist portfolio Holding Ltd (Ex barclaycard) to the claimant and notice has been served. Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA.
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statute barred
    List any letters you have sent (eg: CCA/ CPR ): No letters sent as of yet

    Would appreciate any advice.

    Thanks

  • #2
    Diana Mayhew
    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
      Hello

      Did you get the claim form from Howard Cohen or did you collect it from the property even though you don't live there?

      Was it Hoist or Howard Cohen who you called, and did you tell them that you weren't living in the UK?

      The 'Particulars of Claim' is the Claimant's way of informing you and the court of what they are claiming and why they think they have the right to claim it. They don't have to produce any evidence at this stage. So they aren't saying that they haven't got the credit agreement.

      You have 19 days from the claim Issue Date to go online and file your Acknowledgement of Service stating you intend to defend all of the claim.

      You then have 33 days from the claim Issue Date to file your Defence so we have time to deal with this.

      Before making suggestions as to the way forward would you like to email me the first page of the claim form (don't post it on the forum for security reasons) using di@joannaconnollysolicitors.co.uk

      I look forward to helping you.

      Di
      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 di@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

      Comment


      • #4
        Hello

        Thanks for replying


        Did you get the claim form from Howard Cohen or did you collect it from the property even though you don't live there?

        Howard Cohen emailed the claim form to me after I told them I live abroad.

        Was it Hoist or Howard Cohen who you called, and did you tell them that you weren't living in the UK?

        I called Hoist first and then Howard Cohen and told both I don't live in the UK as well as telling them I have no idea who they are.

        The 'Particulars of Claim' is the Claimant's way of informing you and the court of what they are claiming and why they think they have the right to claim it. They don't have to produce any evidence at this stage. So they aren't saying that they haven't got the credit agreement.

        Actually It's the following sentence in the letter before the claim the solicitors sent it was written in.

        "The agreement was subsequently terminated when it's terms were not compiled with."



        You have 19 days from the claim Issue Date to go online and file your Acknowledgement of Service stating you intend to defend all of the claim.

        You then have 33 days from the claim Issue Date to file your Defence so we have time to deal with this.

        Before making suggestions as to the way forward would you like to email me the first page of the claim form (don't post it on the forum for security reasons) using di@joannaconnollysolicitors.co.uk

        Ok thanks I will email you the letters I have.

        Really appreciate your help

        Thanks

        Comment


        • #5
          Hopefully they've acknowledged that you live abroad in their email because that could be evidence that the claim wasn't served on you at the UK address on the claim form.

          How long have you been living outside the UK?

          When did you last have any contact with Barclaycard?

          Di
          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 di@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

          Comment


          • #6
            I've been out of the UK for the last 5 years. I think the last contact would be the payment a few months before the default date that was on May 2017.
            I'll forward you the letter they sent as well.

            Thanks

            Comment


            • #7
              "The agreement was subsequently terminated when it's terms were not compiled with."
              The above sentence just means that, the account was closed because you broke the terms of the agreement,

              best wishes NW
              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


              • #8
                suggest you send all details to di@joannaconnollysolicitors.co.uk
                and let her see all the information you have
                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


                • #9
                  Thanks, will do that.

                  Comment

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