Howard Cohen Court claim

pmlindyloo

May I comment on your financial situation?

If I am reading you correctly you currently live with a partner (who is the father of your child), you have a joint bank account but have no access to anything left over as your partner 'takes it' in case you separate?

Have I got this wrong?

Ziggydiamonddogs

Hi. It's not quite like that. We are amiable. He's not completely cutting me off, he isn't without compassion. However, he is only will to help with bare minimum. I take nothing for myself but ask if I need. What goes into the account goes out in direct debit for outgoings, bills etc, foods covered. He takes what's left. He is currently paying one credit card that is £95 per month. But will not commit to anything much more. His basic wage is enough to support that house and the kids. He is working overtime for his own benefit to get money behind him because if we can't find a resolve between us, that's been going on for some time now, he has no money behind him. He will not withdraw his funds and leave us high and dry. (this swings in roundabouts because whilst they're incoming I can't claim anything either, I've been asked this before) but I wouldn't want to be reliant on benefits anymore than being reliant in him. It's his income, we are not married. But very hard to express when you reside under same roof.

Since this situation has worsened he now chooses to work away in week... Which basic give him before tax £25 extra a night (hgv). He only does that because he needs this to see both parties alright.. Please ask if I've not explained that well.

Ziggydiamonddogs

I have since come home to a letter from the courts. Notice of allocation to the small track hearing. Date scheduled for January. However, the judge having reviewed the papers for the case is recommending mediation (again) as an attempt to resolve.

It didn't happen previously because I didn't have any relevant paperwork. I'd assume now this pushes aside my original response and expenditure in writing to Howard Cohen. I can simply respond to the court and at most a courtesy letter to Howard Cohen.

James1968

Accept mediation. Even if this fails, at least the Judge won't see your defence less favourably.

don't forget, as the defendant , you can ask for the case to be allocated to your nearest Court.

You mention that you made an offer to the original account holder back in 2011. If so, make sure to mention that the debt may be statute barred.

Ziggydiamonddogs

I have since come home to a letter from the courts. Notice of allocation to the small track hearing. Date scheduled for January. However, the judge having reviewed the papers for the case is recommending mediation (again) as an attempt to resolve.

It didn't happen previously because I didn't have any relevant paperwork. I'd assume now this pushes aside my original response and expenditure in writing to Howard Cohen. I can simply respond to the court and at most a courtesy letter to Howard Cohen.

Ziggydiamonddogs

Oops that posted twice. Thank you for your reply. I have to accept this mediation really, I've no grounds not to now (this is the second offer, now I have paperwork).

It would have been statue barred apparently but they started proceedings within the limitation period.

I did also initially select my nearest court.

BadDebtor

Can't read such massive paragraphs

Breaking it down so it can be understood

Ziggydiamonddogs wrote: »

I don't know if I've posted in right place. I was wondering if you could advise me on how to handle a situation please. I have been contacted with reference to an outstanding debt by Howard Cohen solicitors, their clients Hoist portfolio.

I had no information on this debt so was unsure what it was relating to. I had an inclining it was reference to a debt from 2011, Halifax credit card. I paid my creditors settlement figures following divorce /house sale and this particular creditor declined. They wouldn't accept anything but the whole amount and advised they'd contact me.

The last contact I had was approx Oct 2012. I heard nothing until now. I followed advice and admitted no liability to the debt. Requesting further documentation. This got ignored and I then received court papers (approx back in June 2018).

I defended this online on the basis I had no knowledge, information and hadn't received a letter before action etc. I received another letter from Howard Cohen enclosing the notice of assignment. I then sent recorded delivery, a cca request.

I have now received all the relevant documentation from Howard Cohen, giving me 14 days to respond before a CCJ is applied for. The debt is now just over 6 years old (October) but wouldn't have been when they made the initial court application. I'm wondering if they could still apply for a CCJ if they had made this application prior to the 6 years being up.

I'm Unsure how to deal with this now. I have not to yet returned to work (due to the 14 hour shift pattern I worked ) as I care for my 3year old child. Her father supports us financially but I have no income of my own at present.

I have other debts I cannot pay and currently pay just £1per month. I now live in social housing and have no assets. I'm considering writing to Howard Cohen but unsure how to approach this as I can't offer any reasonable amount.

I'm concerned how/if to acknowledge the debt as they could then apply for a CCJ if they can't already? I'm equally concerned to challenge it as they could apply for a CCJ which I can't afford.

I can't find any information that' the 6 years' relates to an application for a CCJ or any court application process. I'm trying to approach this in a way that is going to cause me least impact on an already difficult financial situation. I appreciate any advice you could give on this.

Ziggydiamonddogs

I understand, thank you.

I'm a bit more understanding of what I originally posted now. Since, I gave received a Notice of allocation to the small track hearing. Date scheduled for January.

However, the" judge having reviewed the papers for the case is recommending mediation as an attempt to resolve"

BadDebtor

Ziggydiamonddogs wrote: »

Hi. It's not quite like that. We are amiable. He's not completely cutting me off, he isn't without compassion.

However, he is only will to help with bare minimum. I take nothing for myself but ask if I need. What goes into the account goes out in direct debit for outgoings, bills etc, foods covered. He takes what's left. He is currently paying one credit card that is £95 per month. But will not commit to anything much more. His basic wage is enough to support that house and the kids. He is working overtime for his own benefit to get money behind him because if we can't find a resolve between us, that's been going on for some time now, he has no money behind him. He will not withdraw his funds and leave us high and dry. (this swings in roundabouts because whilst they're incoming I can't claim anything either, I've been asked this before) but I wouldn't want to be reliant on benefits anymore than being reliant in him. It's his income, we are not married. But very hard to express when you reside under same roof.

Since this situation has worsened he now chooses to work away in week... Which basic give him before tax £25 extra a night (hgv). He only does that because he needs this to see both parties alright.. Please ask if I've not explained that well.

So basically what happened was you had a debt that was about to go off statute in October and in June they tried to extend it by 6 years by getting a CCJ, at least you were informed!

The mistake was to defend online, you should have asked that it be transferred at the time to the small claims track for a hearing as you has no knowledge of the alleged debt.

It is not unheard of for debt companies to copy your signature from letters you write querying a debt onto a CCA and claiming it is the original agreement. Might be worth checking your signature at the time with what you sent on any correspondence. You can obtain copies of your correspondence by doing a subject access request under GDPR it is free now.

Not sure how you can be "relatively estranged from " and "Amiable"

You say he supports you financially but not on what I would call a fair basis

Forgive my no nonsense approach but I am just saying it as I see it.

It sounds to me as if this so called "partner" has coercive control over you, speak to a womens shelter support group or something to understand it more.

I think it is time to break this relationship and have a fresh start in your life.

He is away most of the time anyway and he is the main user of the car.

So tell him that he needs to leave immediately and you will sell him the car for 50% of current value, keep the cash for emergencies.

You will be entitled to Housing Benefit to pay the rent and it can be paid directly to the HA so you lose nothing.

You can apply for JSA and seek some part time work to get child tax credits and tax credits if appropriate. Do a budget so you can work out.

Explain to him that if he does not pay you for the car and go you will include the car in your debt declarations and it may be taken and sold.

Explain further that as debts were run up by you as a couple without him paying a fair share to overheads you will hold him responsible and the debt companies may too if they can.

So once he is out, get his name off the tenancy with HA

You will then be free to do a DRO assuming your total; debt is below £20k and you have no reasonable hope of paying off debt in a reasonable period of time.

BadDebtor

Mediation is a bit of a farce, it is done over the phone with about 15 minutes allocated to each side,

You have nothing to offer so it is down to other side to offer to do something, they ask them, the other side says no and so the case gets a hearing

Participation shows you are willing to the Court at least but I agree with you that DRO is best solution