KKA's Unenforceability Diary

[Joanna Connolly Solicitors]

had a letter back from Arrow stating that on a commercial basis, and to minimise the costs of litigation, they shall not be proceeding in this case. . . . .

Di, just to say thanks again for your time and phone call last year to assist in submitting a defence. Very much appreciated. KKA

This is excellent news!

We were happy to help

Restons solicitors should now serve you (send in the post) with a Notice of Discontinuance and file a copy with the court to state that they've done that.

I would leave it a few days then call NCCBC to see if that's happened.

Arrow may have decided not to proceed but the proceedings are live until or unless the court is told otherwise. If Arrow/Restons do nothing then the claim remains stayed and they can resurrect it another day.

I'm sure all is well but it's worth checking.

I'm glad this is over for you.

Di

[Spud]

That is great news KKA - Well done to all who assisted

I am hoping that they will send you the odd begging letter and leave you to drift past the SB post with this.......Good to hear

[KKA]

Di
I contacted the courts today and the status of the claim is stayed.
Will sit tight and see what comes next.
Thanks very much for your help on this one.
KKA

Hi guys, just to update the status on this one, had a letter back from Arrow stating that on a commercial basis, and to minimise the costs of litigation, they shall not be proceeding in this case. the debt however remains due and they will continue to report the default pertaining to this case to the credit references agencies, until the expiry of the same. Di, just to say thanks again for your time and phone call last year to assist in submitting a defence. Very much appreciated. KKA

[KKA]

Hi
Just to confirm, received a response from Robinson Way stating they have requested copies of statements/agreements as requested and the account will be put on hold until they can supply the information.
Will keep you updated with any further info.
Thanks for the help.
KKA

[KKA]

DI
Thanks for the advice, yes unfortunately i have missed the deadline date so will also return the claim form stating that i dispute.
Will keep you updated with responses.
Best Regards
KKA

[Joanna Connolly Solicitors]

I have slightly missed the reply date due to the xmas break so going to get the CCA s.78 out and await a response.

What was the date on the Letter Before Claim since you have 30 days to reply? You posted you'd received it on your thread on 21st December so have you missed the deadline?

Send the s 77-79 CCA Request but also return the LBC response form otherwise they will issue a claim. Tick box D stating that you dispute the debt.

Di

[cymruambyth]

It isn’t statute barred as you were paying a reduced sum until the end of 2013.

[KKA]

Di
The last full payment was made in 2011, i then entered a reduced payment arrangement which was partially maintained until roughly the end of 2013.
Payments were then stopped to all creditors and the default date for this debt is March 2014.
I have slightly missed the reply date due to the xmas break so going to get the CCA s.78 out and await a response.
Best Regards
KKA

[Joanna Connolly Solicitors]

The letter from Howard Cohen included an information sheet, reply form and income/expenditure form.
Should any of this be completed - or just the CCA sent?

Thankyou for the link explaining the process and sorry for confusing matters.

• Type of account (CREDIT CARD)
• Date commenced (APRIL 2002)
• Approx balance (£2300)
• Date last paid (MID 2011)
• Are you on arrangement or not paying (NOT PAYING)
• Status (DEFAULTED MARCH 2014)
• Account owner (HPH & HOWARD COHEN SOLICITORS)

Before you do anything can you clarify the date of your last payment since your post suggests it may have been in 2011. If that’s the case, and you’ve not acknowledged the debt since then, it may be Statute Barred.

However you also say that the account wasn’t defaulted until March 2014 which is very late if you ceased payments about three years before. The DN remedy date or the date the account was defaulted can impact on SB so a little more information will help.

What is the date on the Letter Before Claim because you have 30 days to reply (or not) so don’t rush things until you’re certain of what to do.

Di

[Roger]

Roger
Thank you for the reply.
To confirm - this is not the same as the previous entry when i sent a LBA to Howard Cohen.
I had 2 Egg cards - this one has never been mentioned in my diary entry.

To confirm i will send a CCAs.78 as advised to HPH and a copy to Howard Cohen.

The letter from Howard Cohen included an information sheet, reply form and income/expenditure form.
Should any of this be completed - or just the CCA sent?

Thankyou for the link explaining the process and sorry for confusing matters.

• Type of account (CREDIT CARD)
• Date commenced (APRIL 2002)
• Approx balance (£2300)
• Date last paid (MID 2011)
• Are you on arrangement or not paying (NOT PAYING)
• Status (DEFAULTED MARCH 2014)
• Account owner (HPH & HOWARD COHEN SOLICITORS)

Please let me know if you require any additional information?
Best Regards
KKA

If you look at https://www.all-about-debt.co.uk/for...claimers/page3
Niddy sets out what they should have sent you!

Niddy "..Actually, I said it is up to you what you do - I have received one myself and ignored it because it did not comply with the new PAP's .."

Also look at Di at #33
5th December 2017, 18:20

Is worth reading because this is below £10,000
".. I expect the balance will be to ask for some but not all if you are a LIP. .."



Its your choice over the Letter Of Claim whether you reply or NOT BUT SEND off the CCA S.78 and copy to Howard Cohen ! Whilst this is outstanding they can't Sue!
I think that a SAR on Barclays would also be useful here!

Good Luck and Update your Diary entry with the above!

[KKA]

Roger
Thank you for the reply.
To confirm - this is not the same as the previous entry when i sent a LBA to Howard Cohen.
I had 2 Egg cards - this one has never been mentioned in my diary entry.

To confirm i will send a CCAs.78 as advised to HPH and a copy to Howard Cohen.

The letter from Howard Cohen included an information sheet, reply form and income/expenditure form.
Should any of this be completed - or just the CCA sent?

Thankyou for the link explaining the process and sorry for confusing matters.

• Type of account (CREDIT CARD)
• Date commenced (APRIL 2002)
• Approx balance (£2300)
• Date last paid (MID 2011)
• Are you on arrangement or not paying (NOT PAYING)
• Status (DEFAULTED MARCH 2014)
• Account owner (HPH & HOWARD COHEN SOLICITORS)

Please let me know if you require any additional information?
Best Regards
KKA

[Roger]

Its a problem because you haven't maintained Diary and entries.
Is this the same one that you sent a LBA to Howard Cohen before?
Is this the one where your S.78 response was Un Enforceable?

Under the new system you don't send a LBA. But can you confirm the above!


If you haven't sent a CCA s.78 Now is the time to do this https://www.all-about-debt.co.uk/for...mplate-letters
Send to HPH with £1 and a copy to Howard Cohen. The reference is HPH's (not Egg nor Barclaycard)

Now would be a good time to send SAR to Barclaycard cost £10
As regards the Letter Of Claim read here https://www.all-about-debt.co.uk/for...-debt-claimers

It is difficult to advise without knowing more details.
Did Cohen send anything with that Letter?
If the didn't then you can tick BOX D
and cite that this Letter "does not comply with the new PAP's"

You have started a Diary with #104
But you haven't shown any detailed information Read this https://www.all-about-debt.co.uk/for...-read-me-first

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

You now need to update and maintain this.

[KKA]

Hi
Guys
Can anybody advise on this one?
Should i just send the LBA template letter??
Many Thanks
KKA

[KKA]

Roger & Di
All the Best for 2018.
Many thanks for the responses, and apologies for the late reply due to the Xmas break.

Sorry i didn't make myself clear in the post - the debt i referred to has had no mention to date in the diary - a brief history as follows......

Original Debt with Egg Card - Opened April 2002.
Sold to Barclaycard - date unknown.
Financial difficulty and payment arrangements established between 2011 and 2013 - payments stopped at the end of 2013.
Default date on Noddle is March 2014.

The saved correspondence i have available is as follows: -

May 14 - Letter from Barclaycard confirming Moorcroft would be handling.
June 14 - 2 letters from Moorcroft attempting contact.
Nov 14 - This time from Wescot offering reduced settlement.

I then have no other saved information on this debt until 2017.

Aug 17 - Letter from Barclaycard confirming transfer to HPH
Aug 17 - Notice of assignment from HPH
Aug 17 - Robinson way attempting contact.
Sep 17 - Robinson way offering reduced settlement.
Sep 17 - Robinson way pre-legal assessment template
Dec 17 - Howard Cohen - Letter of Claim.

Should i send the LBA template letter in response?
Any advice as always is greatly appreciated.

Best Regards
KKA

[Joanna Connolly Solicitors]

Old Barclay card that was assigned to HPH Ltd.
Various letters from Robinson Way attempting to make contact (all ignored).
I have now had a Letter of Claim from Howard Cohen Solicitors.
Whats the best way to tackle this one?

Where can I find the history of this debt (e.g. which post # in your diary)?

Before suggesting the best way to tackle (or ignore) a Letter Before Claim the background of the account needs to be checked .

Di