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I have received a letter before claim from Howard Cohen & Co Solicitors for an Barclaycard debt. The letter was dated 6 Aug 21 however; did not arrive until 13 August. It states I must reply by 1 September (will use special paid deliverly)This is the second letter before claim I have received, which was dated 4 Jan 21 - I did not respond. I would be grateful for any advice in assisting me filling it out. I have received letters from Robinson Way but not Hoist Finance UK Holdings, apart from a Notice of Assignment that was not signed. Apologies for leaving it so late however; if any one can help it would be greatly appreciated.
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Can you give a little more background on the alleged debt, how old, original creditor, last payment date, balance, how it come to be with who it is now.
Have you done a cca request etc? -
Originally posted by Roo 888 View Post
Hello
I see this was a Barclaycard originally so it should be covered by s77-79 Consumer Credit Act.
My immediate thoughts are you should send the 'Letter of Claim' Reply Form back to Howard Cohen having ticked Box D to state that you Dispute the debt. You can also list other documents you want in Box I.
No need to complete and/or return the Income & Expenditure section of the Letter of Claim.
I would include the forum's s77-79 CCA Request Template Letter in the same envelope together with the £1 statutory fee (or it won't be valid).
Send it Royal Mail Special Delivery to arrive before midday tomorrow if possible since that is the deadline.
Get that in the post a.s.a.p. and then answer any other questions which this forum asks.
The important thing is to try to avoid being issued with a court claim so don't miss that deadline!
(Keep copies of everything)
DiComment
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» CCA Request get proof posting also file copy to diary
• Type of account:
• Date commenced:
• Approx balance:
• Last FULL payment:
• Any Last payment:
• Status:
• Account owner???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
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Hi there
Di has given you some excellent advice. I suspect the reason they did not do anything in January was because of the pandemic and they were being told to be nice to people.
I would be ticking box D saying I dispute the debt
I would then ask for the following documents
1) The agreement
2) The Default Notice
3) The termination notice
4) The Notice of assignment
5) The Deed of assignment
6 A full statement of account.
As Di says, also send a S77-79 request with the £1 fee. I use postal orders because they do not need signatures.
https://all-about-debt.co.uk/forum/d...rs#post1245194
Not as urgent but I would also think about sending a SAR to Barclaycard. There is no fee for that and it should get you all details of what Barclays hold.
Hope that helps
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Originally posted by Roo 888 View Post
Do you have the envelope as I think it is 28 days from receipt although most people say 30 days.
As a quick reference in future and something I never used to do- I now staple the envelope to important letters and write date received on
Nolite Te Bastardes Carborundorum- sorry I'm finally getting round to watching the Handmaids TaleComment
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I got the paperwork in the post (special paid) and included request with the £1 fee, via postal order as advised. The account was transferred to Hoist Finance in Sep 2018 and the last payment was made in July/August 2017, with added missed charges of £800 .. So from what I innerstand the next step is a SAR to Barclaycard? A massive thankyou, to you all that jumped in to offer help so quickly, I am so grateful.Comment
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Barclaycard?
This raises a number of important questions the answers to which may greatly assist you and AAD with advice!
I can see the panic response to that Letter Before Claim plus a S.77/78 (plus £1) CCA request.
But I would be reluctant to recommend anything more at this time without better background details.
".. The account was transferred to Hoist Finance in Sep 2018 and the last payment was made in July/August 2017, with added missed charges of £800 .." This is very sparse on detail!
The AAD Diary format helps you and AAD take control as well as assist with advice! this format is as follows:
• Type of account:
• Date commenced:
• Approx balance:
• Last FULL payment:
• Any Last TOKEN payment:
• Status:
• Account owner:
At this time Hoist will need to obtain details from Barclaycard and you should delay sending for that SAR at this time so that the inter communications between Hoist and Barclycard will be included in the SAR.
In the meantime please provide the above details and especially information between yourself and Barclaycard.
Does the name MERCER appear at anytime.Comment
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Hi,
Roger is entirely correct when he gives reasons and suggests holding off on a SAR at this point. The inter-party communications disclosed in a SAR response are often gold dust. There sometimes seems to be an over eagerness to send a SAR immediately. However, it is important to remember that 1. there are benefits from delaying doing so, and 2. a SAR request and any subsequent response are completely separate to any legal proceedings, prospective or otherwise, and an SAR request will not likely stop a debt purchaser issuing a Claim.
From the title of your original post, I can probably say with some degree of certainty that there will have been more than one assignment, or alleged assignments. Any party who issues a Claim would need to prove proper legal title, and that includes an onus of proving each and every assignment.
This is something debt purchasing Claimants often struggle to do, amongst the rest of their obligations which they also fail to prove/meet continually.
I doubt very much that, even in the rare event they were able to prove an assignment, that the alleged party the debt has been assigned to is in fact the party stated in the title of your post.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 colin@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.ukComment
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I will be keeping an eye on this thread.
I have my own thread with hoist and bcard, mines been going on nearly 5 years, I think the debt has been through rw, hoist 2, hoist 1 the lot, I know hoist have done a lot of internal assignments and from what I can gather hoist 1 and 2 are not licensed by the fca but I could be wrong I normally am(ask the Mrs)
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Remember RW are just a debt collector and part of the group. They tend to write rather sad little letters or at least they did in my day.
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Sad??? pathetic letters a 3 year old could write better lolOriginally posted by Warwick65 View PostI'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
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