Letter of Claim from Howard Cohen and Co Solicitors

Gloobos

Hi all
I desperately need your help and advice as I believe this is only beginning of my problems  
I have just received a Letter of Claim dated 30.09.2020  from Cohen Howard & Co Solicitors advising that they were acting for their client, Hoist Finance UK Holding 3 LTD (ex Barclaycard) who intend to issue proceedings in County Court for an outstanding amount I have failed to pay, with the purpose of obtaining a CCJ, unless I provided them with acceptable proposals for paying them £7k+ within 30 days of their letter.
Received a claim - Yes
Issue Date - 30/09/2020
Have you Acknowledged the Claim - No
Total Amount Claimed - £ 7759
Claimant’s Name - Hoist Finance
Solicitors Firm - Howard Cohen
Original Creditor - Barclay Card
Default date - First areas January 2017 Default July 2017
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statute-barred. No contact with anyone about the debt
List any letters you have sent (eg: CCA/ CPR ): No letters sent as of yet
Reason for default? Was going through a difficult family situation and wasn't able to carry on paying. Wife left me with two kids wiping out our bank accounts.
Are you able to pay for it? No, I'm not. I'm a single self-employed dad and due to Coronavirus I barely can make any money at all. Right now I'm looking for 9-5 job as it doesn't look that I will be able to support my kids from my self-employment any time soon.

I had a look through other similar topic and I was hoping that someone could guide me how to sort out this matter and talk me through step by step what might happen.
I hope I have included enough details but if anything is missing please let me know and I will update this asap.

What would be the next step? Should I send CCA request with postal order to Hoist?

​​​​​​​I really appreciate any help you can provide.

sourcrates

Letter of claim ? Or letter before action  ?
Big difference.

Gloobos

Its letter of claim

sourcrates

Ok, you acknowledge service online, that I think gives you 28 days to form your defence, you do a CPR request, and a CCA request to Howard Cohen, more details on this at Legal Beagles.

Gloobos

Thank you for the advice. I have found a template of CCA request. (See below ) Do you think its good to be used? Dear Sir or Madam Re: Account/Reference No. xxxxxxxxxxxxxxxxxxxxxx This letter is a formal CCA (Consumer Credit Agreement) request pursuant to s, 77 / 78/ 79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide like full breakdown of the account including any interest or charges added. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s. 77(4)a / 78 (6)a / 79 (3)a will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974 not to be used as any payment against any alleged debt. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you. Yours faithfully

sourcrates

Use the one linked to here, its more up to date -

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(sole-name).aspx

And remember, the clock is ticking !!!

penners324

Is it from the Court or from the solicitors?

Gloobos

Just to wrap things up because I haven't realised that I have never updated my threat.

After sending a formal CCA (Consumer Credit Agreement) they eventually replied that they have been unable to supply all the documentation required and they have decided not to pursue the outstanding balance.

Since then, I have managed to help three people in similar situations and I have noticed that all CCA led to a drop off the outstanding balance due to a lack of documents with regard to issuing credit cards and credit card debt, were connected with "traditional" banks like Lloyds, Barclays and Halifax. The same didn't work with MBNA or Argos as they had very detailed documentation even a few years after the original debt occurred. Just a side note, maybe it will be useful for someone.

Bottom line. Sending a formal CCA is a MUST. Doesn't cost you anything and it can easily lead to your debt being dropped off.