Howard Cohen & Co Solicitors Claim Form & Robinson Way / Hoist Defence

Overview: Who Are Howard Cohen & Co Solicitors?

If you have received a Letter of Claim or an N1 County Court Claim Form from Howard Cohen & Co Solicitors (based in Horsforth, Leeds), you are dealing with the in-house litigation law firm owned by Hoist Finance UK—the parent group behind Robinson Way Limited and Hoist Portfolio Holding Ltd (often appearing on court claims as *Hoist Finance UK Holdings 1, 2, or 3 Ltd* or *HPH2 Ltd*).

Hoist Finance and Robinson Way specialise in purchasing aged portfolios of defaulted UK bank loans, overdrafts, credit cards, and mail-order catalogue accounts originally issued by:

• Barclays & Barclaycard
• Santander UK & Cahoot
• Lloyds Bank, Halifax & Bank of Scotland
• HSBC UK & First Direct
• Littlewoods / Shop Direct (Very) & JD Williams

Because many accounts chased by Robinson Way and Howard Cohen & Co date back 5 to 15+ years (including legacy accounts originally bought by *Lewis Debt Recovery* or *Clode*), the original signed credit agreement, Section 87 Default Notice, and deed of assignment are frequently missing when Howard Cohen issues a robo-generated Claim Form through Northampton CCBC.

3 Statutory Defences Against Howard Cohen & Co (Hoist / Robinson Way)

graph TD
    A["Howard Cohen & Co / Hoist Finance Claim"] --> B["1. Section 77/78 CCA Request (12-Working-Day Bar)"]
    A --> C["2. Pre-Action 30-Day Freeze & CPR 31.14 Disclosure"]
    A --> D["3. Section 5 Limitation Act 1980 (6-Year Statute-Barred Rule)"]

    B --> E["Missing Original Santander/Barclaycard Agreement -> s.78(6) Unenforceable"]
    C --> F["Forces Inspection of Default Notice & HPH2 Notice of Assignment"]
    D --> G["Aged Robinson Way Portfolios Often Exceed 6 Years (5 in Scotland)"]

1. The 12-Working-Day Section 77/78 Consumer Credit Act Freeze

Under Section 77 (loans) and Section 78 (credit cards/catalogues) of the Consumer Credit Act 1974, you have an absolute statutory right to demand a true copy of the executed credit agreement, inception terms, all variation notices, and a signed statement of account by serving a written request with an endorsed £1.00 Postal Order.

• The 12-Working-Day Clock: Hoist Finance / Robinson Way has strictly 12 working days from Royal Mail Signed For delivery to supply the compliant agreement package.
• Statutory Bar on Judgment: Under Section 77(6) and Section 78(6) CCA 1974, if they fail to produce the compliant agreement within 12 working days, Howard Cohen & Co cannot lawfully enforce the agreement or obtain a County Court Judgment (CCJ) while the default continues.
• Pre-April 2007 Accounts (Section 127(3) CCA 1974): Because Robinson Way holds large back-books of older accounts, any credit agreement entered into before 6 April 2007 where the creditor cannot produce a copy containing your signature and all prescribed terms is irredeemably unenforceable under the House of Lords ruling in *Wilson v First County Trust Ltd [2003] UKHL 40*.

2. The 30-Day Pre-Action Protocol Freeze & CPR 31.14 Inspection

• If You Received a "Letter of Claim": Return the Annex 1 Reply Form within 30 calendar days ticking Box D (disputing the debt) and Box I (requesting the credit agreement, Section 87 Default Notice, Notice of Assignment to *Hoist Finance UK Holdings / HPH2 Ltd*, and full statement of account). Under the Pre-Action Protocol for Debt Claims, Howard Cohen cannot issue a court claim while retrieving these documents and for 30 days after providing them.
• If You Received an N1 County Court Claim Form: File your Acknowledgement of Service online within 14 days to extend your deadline to 28 days, and serve a formal CPR 31.14 Disclosure Notice on Howard Cohen & Co demanding inspection within 7 days of every document pleaded in their Particulars of Claim.

3. Statute-Barred Defence (Section 5 Limitation Act 1980)

Robinson Way and Hoist Finance frequently attempt to collect aged "zombie debts". Under Section 5 of the Limitation Act 1980 (and Section 6 of the Prescription and Limitation (Scotland) Act 1973):

• If 6 consecutive years (5 years in Scotland) have passed since the original default date or your last financial payment without a signed written acknowledgment or prior CCJ, the debt is statute-barred.
• Check carefully that Robinson Way has not logged a "phantom £1 payment" on their internal ledger—put them to strict proof of the originating bank sort code and transaction reference under FCA CONC 7.15.4R (see our Statute-Barred Debt Guide).

Verified Howard Cohen & Co / Hoist Finance Corporate Profile

Step-by-Step Procedure to Defend a Howard Cohen & Co Court Claim

graph TD
    A["Receive N1 Claim Form From CNBC (Day 0)"] --> B["Day 1-14: File Acknowledgement of Service Online (MCOL)"]
    B --> C["Send CPR 31.14 Notice to Howard Cohen + s.78 CCA Request to Hoist"]
    C --> D["By Day 28 (33 From Issue): File Written Holding / Statute-Barred Defence"]
    D --> E["Claim Automatically Stayed After 28 Days If Hoist Cannot Produce Agreement"]

1. Step 1 — File Acknowledgement of Service Within 14 Days: Log into Money Claim Online (MCOL) within 14 days of service and indicate your intention to defend all of the claim. This doubles your time to prepare your written defence to 28 days from service (33 days from the Issue Date printed on the N1 form).

2. Step 2 — Dispatch Dual Statutory Notices via Royal Mail Signed For:

• Send a CPR 31.14 Request to *Howard Cohen & Co Solicitors, 292A Low Lane, Horsforth, Leeds, LS18 5NY* demanding copies of the Agreement, Default Notice, and Notice of Assignment mentioned in the Particulars of Claim.
• Send a Section 77/78 CCA Request with an endorsed £1.00 Postal Order to the named Claimant (*Hoist Finance UK Holdings Ltd* or *Robinson Way*).

3. Step 3 — File Your Written Defence Before Day 28: Never wait past Day 28 for Howard Cohen to reply to your letters! If they have not supplied the compliant paperwork by Day 26, file a formal Section 78(6) & CPR 31.14 Holding Defence with the court. Under CPR 15.8, if Howard Cohen cannot produce the documents within 28 days of receiving your defence, the court claim is automatically stayed (frozen).

Frequently Asked Questions

Unlock the Complete Howard Cohen, Hoist Finance & Court Defence Pack

Facing a Letter of Claim or County Court Claim Form from Howard Cohen & Co Solicitors? Unlock instant access to the UK Credit Secrets Private Members Area (£29.99)—including our Pre-Action Protocol 30-Day Freeze Pack, CPR 31.14 Solicitor Disclosure Notice, Holding & Statute-Barred Court Defence Templates, and Form N244 CCJ Set-Aside Guide.