Howard Cohen Court claim

Ziggydiamonddogs · 6 November 2018 at 11:49AM

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.

sourcrates · 6 November 2018 at 1:37PM

Hi,

They only have to start court action before the 6 years are up to get around the limitations act, and it looks as though they did that.

What exactly have HC asked you to respond too ?

Have they sent you an income/expenditure form to fill in ?

You could write to them, enclose a copy of your budget along with a copy of this letter :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Token-payments-or-no-offer-of-payment-%28sole-name%29.aspx

edited to your own circumstances.

Just be honest, if they see you have no disposable income, they may just drop the whole thing.

fatbelly · 6 November 2018 at 1:48PM

It sounds like they are going to apply for summary judgement

24.2 The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –

(a) it considers that –

(i) that claimant has no real prospect of succeeding on the claim or issue; or

(ii) that defendant has no real prospect of successfully defending the claim or issue; and

(b) there is no other compelling reason why the case or issue should be disposed of at a trial.

There is no guarantee that the court will give them that (in fact they should not) as you have challenged your liability for it and it sounds like all they can produce is a notice of assignment. Neither have they responded to your cca request, although it is not clear whether that formed part of your defence.

As it sounds like you have other debts, you should get a specialist from Citizens Advice or National Debtline, to look at the bigger picture here. It may be that something like a Debt Relief Order would knock everything on the head.

Ziggydiamonddogs · 7 November 2018 at 9:16AM

Thank you for your advice.

They've sent me a letter stating they think my defence will be unsuccessful and invite me to withdraw my defence. Their 'client' may accept a resonable offer of installments. I've since contacted a debt management company who have helped with a debt management plan and advised I contact Howard Cohen offering £15 a month. That said, this is still from my partners income, whom I'm relatively estranged from as I explained above. So I'm a tad worried how long I can produce that....

I'm disheartened that the original lenders were once offered a reduced but fair settlement when I had some money.

Ziggydiamonddogs · 7 November 2018 at 9:29AM

Thank you fatbelly.

They did send me all the relevant documents which included the CCA (which they called something else but without checking I can't recall) but basically it has my original signature on the agreement. They sent me this when I sent a second request recorded delivery for the documents. I received notice of assignment and statements too.

I have taken the advice and contacted debt management. I've gone with a debt management plan. I dont know much about debt relief orders, but that wasn't offered to me as an option at the time. Bankruptcy and insolvency were the alternatives. The debt relief order scares me somewhat. It could be because I have a car registerd in my name as I used it for school commute however, although the car (purchased) and upkeep is paid for by my partner, it's considered mine as its registered to me, although at the time this was mainly for insurance purposes and I was the main user, this situation has changed now, he is the main user but I kept the registration details the same as its futile to change it now I'd assume, as it of how it will be perceived.

sourcrates · 7 November 2018 at 5:31PM

Ziggydiamonddogs wrote: »

I've since contacted a debt management company who have helped with a debt management plan and advised I contact Howard Cohen offering £15 a month. .

I really hope its a free debt charity you took advice from and not a fee charging debt management company ?

fatbelly · 7 November 2018 at 10:01PM

Ziggydiamonddogs wrote: »

Thank you fatbelly.

They did send me all the relevant documents which included the CCA (which they called something else but without checking I can't recall) but basically it has my original signature on the agreement. They sent me this when I sent a second request recorded delivery for the documents. I received notice of assignment and statements too.

I have taken the advice and contacted debt management. I've gone with a debt management plan. I dont know much about debt relief orders, but that wasn't offered to me as an option at the time. Bankruptcy and insolvency were the alternatives. The debt relief order scares me somewhat. It could be because I have a car registerd in my name as I used it for school commute however, although the car (purchased) and upkeep is paid for by my partner, it's considered mine as its registered to me, although at the time this was mainly for insurance purposes and I was the main user, this situation has changed now, he is the main user but I kept the registration details the same as its futile to change it now I'd assume, as it of how it will be perceived.

I'm not seeing a reason not to do a DRO.

As for the car, it sounds like you are the registered keeper, not the legal owner so even if it was worth more than £1000 on Parkers Guide, it wouldn't need to get a mention.

Ziggydiamonddogs · 8 November 2018 at 2:10AM

Yes, StepChange

Ziggydiamonddogs · 8 November 2018 at 2:33AM

I'd naturally like to do DRO. From what I've researched, the relief people feel after.

However, I can't prove I don't own the car any more than I can prove he does. I can't find purchase documents. As for the registered keeper, I know it states on V5 it does not determine ownership I've read nothing but ignorance here in eyes of debt collectors. StepChange said that debt collectors will consider the registered keeper the owner, end of.

I suppose its down to the DRO advisor. But I would need written the proof I'm led to believe.

Its extremely chewy situation for me. My 'partner' was former army (sent money home to his wife at time) No money sense and no credit rating. Couldn't even get car insurance at one stage. Everything is done through me. He now, sorry to say for his age, has his first bank account... Credit rating worked off a joint one with me. This however has put me in an Impossible position to prove I've had no real incoming of my own, as it operated from my name too. But StepChange have understood all I've explained so that's something, for now.
I have my own bank account but will take some time to set it up from scratch. At the moment my priority is keeping my priority outgoings up to date.

fatbelly · 8 November 2018 at 6:53AM

Ziggydiamonddogs wrote: »

I'd naturally like to do DRO. From what I've researched, the relief people feel after.

However, I can't prove I don't own the car any more than I can prove he does. I can't find purchase documents. As for the registered keeper, I know it states on V5 it does not determine ownership I've read nothing but ignorance here in eyes of debt collectors. StepChange said that debt collectors will consider the registered keeper the owner, end of.

I suppose its down to the DRO advisor. But I would need written the proof I'm led to believe.

Its extremely chewy situation for me. My 'partner' was former army (sent money home to his wife at time) No money sense and no credit rating. Couldn't even get car insurance at one stage. Everything is done through me. He now, sorry to say for his age, has his first bank account... Credit rating worked off a joint one with me. This however has put me in an Impossible position to prove I've had no real incoming of my own, as it operated from my name too. But StepChange have understood all I've explained so that's something, for now.
I have my own bank account but will take some time to set it up from scratch. At the moment my priority is keeping my priority outgoings up to date.

You are right on most points.

Debt Relief Orders do what they say - they give relief from debt. They work well and have been the best innovation that I have seen since I started out in debt advice 18 years ago.

I have been a DRO intermediary with CAB since they were invented in 2009 so I can give you my view on how I would approach the car situation.

I would not ask to see a purchase invoice from your partner. I would however advise that if ownership were ever investigated he would need to be willing to state that he bought it. It's very unlikely to be investigated because a car that you use but do not own does not get a mention on the application.

What debt collectors think does not matter (they are wrong even if they use the phrase 'end of') and if you want correct advice from stepchange you must get behind the frontline staff who are not DRO intermediaries and often seem to give wrong advice on them judging from what we see on these boards. National Debtline are much better.

I hope stepchange are advising you to complete the court paperwork correctly so as to get an instalment order on that ccj. If not you will get a 'forthwith judgement'. That makes no difference if you are doing a dro, but could lead to the creditor trying other enforcement methods if you don't, and they do not accept the £15. And if the debt is over £900, that offer does not clear it in what is seen as a reasonable period.

Ziggydiamonddogs · 8 November 2018 at 1:07PM

You are very informative and I'm very appreciative. I have taken on board what you've advised on how you would approach the car situation. Maybe I should contact national debtline. Do you have any advice on how I can approach the joint bank account situation. Simple way to explain is that everything operates from it for the reasons I previously stated but I'm happy to explain in more detail. I have no real income and he currently supports the property, children etc. But he takes anything extra as its the only way if we separate he will have money to set up. I've finally expressed this to StepChange but not debt collectors as I'm sure they've heard such 'stories' before. This has been going on for sometime and I've tried to deal with it alone, failing miserably.

As for StepChange advising correctly on court papers. I've dealt with that alone until this point. An application for CCJ has not been made yet so I've had no paperwork, but StepChange advised if this happens, contact them at that point.

So I'm unaware of all you've raised on this, it's news to me. But it makes sense with what you're saying regarding the reasonable term... As it stands they're claiming £2500 that's including solicitors and court application to date. So now I'm thinking the letter I was about to compile tonight on StepChange advice may not be the way forward. I'm at a bit of loss here

Howard Cohen Court claim

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