Howard Cohen Court claim

13

Comments

  • They have not tried to get a CCJ as yet. They have only threatened it at this stage. I'm a bit confused by what you're saying about the mistake was to defend it at that time and ask for transfer to small claims track as I had no knowledge of debt. (trying to understand how it all works).

    I thought I had no choice but to respond to the court with defence or admittance. I defended myself only by saying I had no knowledge of the creditors or the debt and would contact them direct for CCA.

    The case has now gone to small claims track (hearing). However, mediation has been suggested again.

    I haven't sent my signature on any correspondence as I've had no dealings with this company or its solicitors until now. I've signed no letters to the solicitors. But I will check what you've suggested. Thank you.

    The terminology I use to describe my situation, I apologise if I am not explaining this well. I would consider a breakdown in relationship they way I am living as becoming estranged, but that's just how it feels. As for being amiable, I never want to go through a what I went through with my previous husband so I am grateful for 'amiable', maybe its better described as civilised so far where finances to support the children are concerned. We don't get on otherwise. It was the result of my past marriage that left me with struggling financially. As I have two children I do not want them suffering any more than needed.

    I appreciate your honesty and saying how you see it. It's others perspective that help you see the way. I'm not sure what I'd class as fair, I wouldn't expect someone to carry my debts.... But yes, certainly any they have contributed too. But can see the more he pays there, the more we are stuck together. I was trying to avoid claiming benefits.

    I'm not opposed to work. I had, could potentially still have a job I love but can't commit to the hours with a 3 year old. And until the funding for child care comes through I can't afford to pay for childcare to get part time elsewhere. I've looked into these avenues.

    I'd need some form of transport to collect my 12yr old from school. She commutes by school bus but 3 times a week at moment is at school until 6pm. The school is not in a residential area, there's no way for her to walk /get public transport.

    However I agree this relationship situation cannot continue but I'm just trying to deal with one aspect at a time now. The court application being priority. The relationship only came into consideration on here when my circumstances were queried.

    I have no intention on staying living this way but each matter needs step by step changes. I also have sole tenancy.
  • Ah.. I see. I was going to offer £15 on advice from StepChange. This however is not from income of my own, therefore not stable but I was told to try and seen reasonable, it may or may not still go to hearing /CCJ
  • Just_Di
    Just_Di Posts: 385 Forumite
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    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 can simply respond to the court and at most a courtesy letter to Howard Cohen.

    You have received a Notice of Hearing from the court.

    It should include Directions which will tell both parties to file a Witness Statement and any evidence they intend to rely on (typically) 14 days before the Hearing date.

    You need to stick to the court timetable even if you choose to negotiate an out of court settlement.

    You say Howard Cohen didn't refer to the credit agreement as a credit agreement, so what did they call it? Could it have been an application form or something like that?

    Was there PPI on this Halifax credit card?

    Di
  • Hi Di

    Thank you. I have accepted the mediation the court have offered again and await this now. I thank you for the advice on keeping in line with filling in court paperwork etc.

    My mistake, Howard Cohen referred to it as 'regulated credit agreement'

    I had no PPI cover with Halifax.
  • I'm considering calling national debtline just for further advice. I've taken some steps regarding bank account, to try and get this all in order for a DMP.

    I'm trying to deal with this one step at a time and my main priority is keeping Howard Cohen at bay from making a bad situation worse.. StepChange advised offering them £15 a month but as its been pointed out, this may not be considered as a resonable time period.

    So I may need to seek further advice here.
  • Just_Di
    Just_Di Posts: 385 Forumite
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    my main priority is keeping Howard Cohen at bay from making a bad situation worse.. StepChange advised offering them £15 a month but as its been pointed out, this may not be considered as a resonable time period.

    The court is dictating the timetable not Howard Cohen.

    If you miss the date for filing your Witness Statement then you risk having a DJ refuse to accept your evidence.

    Also if you decide to accept StepChange's advice to offer to pay £15 per month you need to be careful that it's not presented to them as an admission of the claim which could land you with a CCJ.

    Ask StepChange how a Tomlin Order may help to avoid that (a CCJ).

    Di
  • Hi Fatbelly

    I am still going through the process of court action (Hoist applied for CCJ). Meanwhile my circumstances have changed slightly and StepChange have advised a DRO. You are very in the know on this and I'd appreciate if you could answer some questions as I read conflicting information on please.

    I'm trying to determine how detrimental it is for future. StepChange advised after 12 months DRO (15 months process in total I believe). You can start building a credit rating again?

    I'm concerned if its like bankcrupty, whereas it pops up on application forms, such as mortgages. (they ask have you ever been declared bankrupt)

    I understand from StepChange it's no more damaging that the 6years on default payments on your credit rating (I understand there are more regulations /rules in place with a DRO)

    If my current account has no overdraft, can I keep it? Will it affect anyone who has a joint account with me. Will it affect existing contacts like mobile phone?

    I'm just concerned as its a form of Insolvency that it could have long term affects on anything I do. (although as I am now, is definitely affecting me regardless).

    I understand most of the application and management is done by the intermediatory, that the insolvency advisor would only really get involved if something was amiss/change?.... Are you monitored througout the year? (nothing to hide I just want to know what it's all about)

    Thank you.
  • Also forgot to add, StepChange advise it includes the CCJ too
  • fatbelly
    fatbelly Posts: 20,457 Forumite
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    That's a lot of questions. There is good advice on debt camel and national debtline

    https://www.nationaldebtline.org/EW/factsheets/Pages/debtrelieforders/droadvice.aspx
    https://debtcamel.co.uk/debt-options/dro/

    but let's have a go at some of those questions.

    You are discharged from the DRO after 12 months and it stays on the insolvency register for a further three. The DRO stays on your credit files for six years from acceptance and will affect your credit but then so will defaults and ccjs. It does mean that everything should drop off after the six years and yes your ability to get credit should improve as these things disappear into the past.

    If you are asked a direct question (Have you ever had a DRO) then you should answer yes. If 'Have you ever been declared bankrupt?' then it's a no - they are different forms of insolvency.

    If your current account isn't overdrawn and you don't have links with that bank then you will probably be able to keep it though Nat West do downgrade to a basic account.

    You're not monitored through the year - it is your responsibility to let them know if anything changes.
  • Thank you for responding Fatbelly. I've tried reading through all the posts, think I've become brain dead with fear. I will look at the links you posted.

    I think it slipped my mind about it staying on credit file for a total of 6 years. Although as you point out, it's no more damaging than CCJs etc.

    StepChange say what you said, you only need declare DRO of asked, I haven't ever known a form to ask but they're only 10yrs old?

    I'm confused by the fact they write of your debts (if the creditor agrees I assume). But is this really the case?

    I'm very scared by it all. I read in a post you advised on that obviously if you came into a sum of money during the order, it would be revoked (highly unlikely for me) but you stated even after the order it can result in investigation? Yet again unlikely but I was under impression you were free to start again, rebuild, after 15months.

    I have a child who is not at school yet and my financial situation is unlikely to change, I've been sitting on this for months hoping a change, so I need to do something !... When the time comes for me to work again I'm assuming this won't hinder me? I know you said some careers are affected. Are existing tenancy agreements affected? There's nothing in mine regarding CCJs or such..

    I will look at the links, these are specific questions I can't seem to find answers too.... Its quite daunting.
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