Howard Cohen & Co. Solicitors/Rob Way

Brainer87

Hi all,

I've received a letter today from the above named solicitors acting on behalf on Robinson Way, it's reference an apparent debt I owe linked to Barclaycard for £3364.75 from way back in 2013 (unsure of the default date).

At the top of the letter it states LETTER OF CLAIM
Then continues as such:-

We act for HOIST FINANCE UK HOLDINGS I LIMITED and write to inform you of its intention to issue proceedings in the county court for the above outstanding amount that you have failed to repay.

It then goes into the details of the debt, court rules & civil procedures.

Towards the end of the letter they have listed what is enclosed:-
1) Information Sheet
2) Reply form
3) Income & Expenditure Form

& then it explains what action needs to be taken.

At the very end of the letter it states:-
"should you not respond or engage following receipt of this letter by 19/10/18, by making payment to our client or providing any other response. We will instruct the County Court to issue a Claim for the outstanding balance without further notice, together with court costs.

We recommend that you respond as requested to prevent such action"

At the bottom it's "signed" Howard Cohen & Co

This is the first i've heard of this debt & the last time I looked it wasn't showing on my credit report (approx 1 month ago).

Does anyone have any advice for me as i'd like to find out firstly if I actually owe the debt before admitting to it or paying anything back, & secondly if anyone has had a letter like this before from said company & if it's a genuine threat or just scare tactics?

Many thanks

Brainer87

[Deleted User]

Ask them to prove the debt.

Presumably you checked all three of your credit files, not just one?

sourcrates

Brainer87 wrote: »

At the top of the letter it states LETTER OF CLAIM

Think this should answer your question then.


They are following the civil procedure rules by sending you a letter before action, (to give it its correct title), this is to give you a chance to come to an arrangement with the creditor and so negate the need for court action.


You should send the provit letter ASAP, as time limits now apply.


Full info here on your next course of action :


https://debtcamel.co.uk/letter-before-claim-ccj/

Brainer87

Thanks Sourcrates, i'll get on it straight away

Brainer87

Apologies for bringing up such an old thread, just need a little more advice.

After sending the Provit letter to RobWay/Howard Cohen, I did receive a letter back from RobWay saying they were going to speak to the original lender to get the proof I had requested. Since then I've had nothing, the default is still on my Credit Report but it's been roughly 3 months now since I've had any sort of contact with them, is this a good thing?

sourcrates

Hi,

No, this is pretty much par for the course actually, it can take many months sometimes to acquire the requested paperwork, that`s assuming they have it.

Its a game of wait and see what happens i`m afraid.

David2Prit

Do not contact them, keep an eye out for any letters!

Find out when account was last paid on, and hope it takes that long.

Brainer87

Thanks guys, that's reassuring

Just_Di

Brainer87 wrote: »

I've received a letter today from the above named solicitors acting on behalf on Robinson Way, it's reference an apparent debt I owe linked to Barclaycard for £3364.75 from way back in 2013 (unsure of the default date).

At the top of the letter it states LETTER OF CLAIM
Then continues as such:-

We act for HOIST FINANCE UK HOLDINGS I LIMITED and write to inform you of its intention to issue proceedings in the county court for the above outstanding amount that you have failed to repay.

If this debt is from 2013 then it may be on the brink of becoming Statute Barred this year.

My suggestion would be to send Hoist a s 77-79 CCA Request which would protect your legal position if they can't/don't comply within the statutory time-frame.

The debt would then become unenforceable in court if they do eventually issue a claim.

A 'Prove It' letter does not give you the same legal protection.

If the debt/default is still showing on your CRA file then that may mean the account was defaulted less than six years ago. Check the exact date.

It won't become Statute Barred until six years from the default not from the last payment (unless the last payment was after it was defaulted) so if your aim is to get to SB status before a claim is issued then your focus may be on preventing a claim not just hoping it doesn't happen.

If the debt owner cannot comply with your CCA Request then they will know that FCA Guidance CONC 13.1.6 states that they must write to inform you the debt is unenforceable. That's always a good 'letter for the file' if they do issue a claim

Di

[Deleted User]

Yep it's either statute barred or on the brink of. Robinson Way tried it on with me with and old debt last year that was already statute barred.