Howard Cohen Letter of Claim

[zan80]

This is my first time using this site and I really hope I can get some advice. Howard Cohen have sent me a letter of claim for an old overdraft debt of £2186 written agreement date of XX/XX/2007 between myself and Halifax that I had because I got into a dire financial situation back in 2014/2015. I have looked on my credit file and it says that it is from 2007 and the default date was November 2016 but I havent used this account. They say they are acting for Hoist and it was legally assigned XX/XX/2018, notice of assignment previously provided to me apparently but I dont recall this. I think payments were made into it accidentally by another business Wonga as they owed me money and I never updated my bank account so it just swallowed it up, but I certainly ceased using the account well over 5 years ago but I just cant recall when.

Should I reply to them, should I say I dispute the debt or say Im not sure if I owe it as Im not sure if its statute barred.

This has really worried me as I have very poor health, on long term disability and have mental health issues. This letter has kept me up for several nights.

Please could someone advise me what to send back to them so I dont end up acknowledging that I owe a debt if it is statute barrred. It has just come out of the blue. I admit I did run up the debt but that was just to keep my children fed and clothed.

Id appreciate any advice please as I am making myself very ill over this worry.

Many thanks

[Sam Audley]

Hi Zan80 I have just removed your name to protect your identity.

[Gerry Jemitus]

Hi zan80 Welcome to AAD. There are lots of people on this site that will offer you advice and help. You do not have to respond to the letter you have received, so the best option is generally to ignore and see what they do, if anything. Assuming you are not in Scotland, statue barred is 6 years from last acknowledgment/payment or default on the account. Post any updates on the forum.

[Colin G Quinn]

Hi Zan80,

Ok, the first thing to do, although I appreciate it can be hard, is to not worry. That is what these companies prey upon. There is always help available.

If you have received a letter of claim it is more or less likely a claim will be issued regardless of what action you take. Therefore, my advice would be to not respond to the letter of claim, as if you indicate you have a dispute it will give the prospective claimant a chance to try and 'correct' or 'rectify' matters before they issue.

Regardless of whether or not you have used the account in question, any claim will ultimately be for the claimant to prove. On that note Hoist will have difficulty proving legal assignment of any debt and will also have to demonstrate how they can issue a claim whilst being not authorised by the Financial Conduct Authority to do so. There are also other statutory requirements and regulations which they will have to prove compliance with.

My email address is in the legal disclaimer below this post. If you want to email me the letter of claim you have received I'd be happy to take a look at it and get back to you.

[The Tech Clerk]

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

fill this in for reference = sure Colin will be along to help you == welcome by the way!

[PlanB]

Should I reply to them, should I say I dispute the debt or say Im not sure if I owe it as Im not sure if its statute barred.

This has really worried me as I have very poor health, on long term disability and have mental health issues. This letter has kept me up for several nights.

Please could someone advise me what to send back to them so I dont end up acknowledging that I owe a debt if it is statute barrred. It has just come out of the blue. I admit I did run up the debt but that was just to keep my children fed and clothed.

Id appreciate any advice please as I am making myself very ill over this worry.

Hello

If you don't reply to the Letter of Claim they will issue a claim which I think you want to avoid since you say you're on long term disability and have mental health issues.

I would tick Box D saying you dispute the debt and send it back with a s77-79 CCA Request. This forum has a template letter for that.

There may be other documents you should request especially since you say you don't recall being notified that the debt had been assigned to Hoist.

The most important thing is your health right now so avoiding any further stress and worry which makes you ill is paramount.

Take care of yourself.

Di

[The Tech Clerk]

CCA Request send proof of posting with £1.00 P>O> keep copies of all on file send CCA if told to on here

[PlanB]

Hello again

I thought I should add a link to a website which has information about getting debts written off if you suffer from mental health issues etc. This is Debt Camel's view > https://www.mentalhealthandmoneyadvi...bt/write-offs/

That might be helpful if you also have any other debts. You can post about them on the forum if you'd like help with those ones too.

The FCA also has guidance on how firms including debt purchasers should help customers who might be vulnerable > https://www.handbook.fca.org.uk/handbook/CONC/7/10.html

You've mentioned you have a long term disability, are you in receipt of any appropriate benefits?

Di

[PlanB]

This is my first time using this site and I really hope I can get some advice.

Here's a post from another forum member who received a Letter of Claim and this is how Timewilltell managed their situation >

I don’t know if this will calm your nerves, I have two accounts with Arrow and their beloved Drysden. Initially I heard nothing for quite a while, then Arrow informed me they’d passed it over to DF to manage. A few letters came asking for payment with threat of legal action. I then received a LBC letter which I then responded with a CCA request to Arrow copied to DF. DF then wrote to say account on hold. Few packages came with statements and account screenshots etc. Few days later DF were resuming legal action. So I wrote to DF informing them that their client had not fulfilled the CCA request but did not tell them which part. Again another raft of same paperwork. Replied to them thanking them for the paperwork but it does not fulfil the CCA request, they then completely disappeared off radar and haven’t heard from them in over a year now? That was for both accounts.
SB is nearing now so expecting a welcome letter from them anytime but am not worried, either way they loose.
What you do is your choice and maybe Di will have other wiser advice but whatever you choose to do, do not show fear as they prey on that.

Di

[zan80]

Type of account: Halifax overdraft
Date commenced: 12/10/2007
Approx balance: 2186
Date last paid: it doesnt say date last paid
Are you on arrangement or not paying: N/A
Status Default: Defaulted November 2016
Account owner: Hoist Finance


Thank you so much for your advice guys, I have been so anxious over this. I am in receipt of PIP high rate care and ESA which I have been receiving for over 4 years.

I will send the letter disputing the claim and asking for paperwork, I just want to avoid court or bailiffs, I am practically housebound anyway regardless of the recent Covid 19 lockdowns so this is my only safe place and I am now dreading every letter that comes through the door.

I will send the letter that you have advised asking for documents and tick box D saying i dispute the claim. It is showing on my experian but i dont undrestand the default date theyve given as I hadnt been using the account and I was pretty sure it was over the 6 year time limit. I was so tempted to just bury my head in the sand and ignore this as it was just so upsetting and scary.

Thanks everyone, it is just so reassuring to know that there is advice and support out there.

[PlanB]

Thank you so much for your advice guys, I have been so anxious over this. I am in receipt of PIP high rate care and ESA which I have been receiving for over 4 years.

I will send the letter disputing the claim and asking for paperwork, I just want to avoid court or bailiffs, I am practically housebound anyway regardless of the recent Covid 19 lockdowns so this is my only safe place and I am now dreading every letter that comes through the door.

I will send the letter that you have advised asking for documents and tick box D saying i dispute the claim. It is showing on my experian but i dont undrestand the default date theyve given as I hadnt been using the account and I was pretty sure it was over the 6 year time limit. I was so tempted to just bury my head in the sand and ignore this as it was just so upsetting and scary.

Thanks everyone, it is just so reassuring to know that there is advice and support out there.

You should feel better once you begin to take control of the situation instead of the situation controlling you. Don't miss the deadline for your response.

Also just because they state facts in their letter, that doesn't mean they're true. It might mean that they don't know the history of the debt or maybe can't get the correct information from the original creditor because that access wasn't agreed when the debt was purchased.

The same with Experian who report what they're told to report by the debt owner, in some ways they are like a library which provides access to books but they're not the author.

Post on the forum any time you feel the need for help and support.

Di