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  • FIRST POST
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 6th Nov 18, 10:49 AM
    • 25Posts
    • 1Thanks
    Ziggydiamonddogs
    Howard Cohen Court claim
    • #1
    • 6th Nov 18, 10:49 AM
    Howard Cohen Court claim 6th Nov 18 at 10:49 AM
    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.
Page 2
    • BadDebtor
    • By BadDebtor 9th Nov 18, 11:09 AM
    • 24 Posts
    • 8 Thanks
    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
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 9th Nov 18, 12:38 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    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.
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 9th Nov 18, 1:36 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    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
    • By Just Di 12th Nov 18, 11:28 PM
    • 343 Posts
    • 185 Thanks
    Just Di
    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.
    Originally posted by Ziggydiamonddogs
    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
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 13th Nov 18, 3:48 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    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.
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 13th Nov 18, 4:11 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    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
    • By Just Di 15th Nov 18, 6:51 PM
    • 343 Posts
    • 185 Thanks
    Just Di
    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.
    Originally posted by Ziggydiamonddogs
    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
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 12th Feb 19, 6:13 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    Dro
    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.
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 12th Feb 19, 6:40 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    Also forgot to add, StepChange advise it includes the CCJ too
    • fatbelly
    • By fatbelly 12th Feb 19, 6:50 PM
    • 13,476 Posts
    • 10,533 Thanks
    fatbelly
    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.
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 12th Feb 19, 7:17 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    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.
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 12th Feb 19, 8:08 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    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.By the way, I didn't understand this at the time.. I do now. I think I did receive a forthwith order, obviously I don't fill forms correctly. I've now had to submit a N245... Terrified of them going for a warrant right now.
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 12th Feb 19, 8:09 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    Fatbelly, my previous post had a quote you had written to me previously...... I started my text after with "by the way..."

    It didn't copy correctly... My mistake
    • fatbelly
    • By fatbelly 12th Feb 19, 8:33 PM
    • 13,476 Posts
    • 10,533 Thanks
    fatbelly
    You've got a lot of questions and your intermediary should really be talking you through them.

    Let's have a look at

    I'm confused by the fact they write of your debts (if the creditor agrees I assume). But is this really the case?
    because debt camel is a bit confusing on this question. It has nothing to do with whether the creditor agrees or not. The DRO is binding upon them. The Insolvency Act tells them that they have 'no right of action' against the debt. So yes it is really the case for all qualifying debts.

    It's very unlikely your landlord would even find out about a DRO. If you are up to date with the rent, why would they be checking the insolvency register? If you have rent arrears the only way they can ever get that money back is by keeping you in the property. If they evict you the debt is covered as in the previous paragraph.
    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.
    It would only definitely be revoked if your capital became over 1990 and only possibly revoked if over 1000 during the moratorium period. I am not sure which of my many pearls of wisdom you are quoting but it's only if information came to light later of something happening before or during the moratorium period that the DRO would be revoked retrospectively.

    It really does give a new start in nearly every case.
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 12th Feb 19, 9:14 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    Thank you. Yes, my intermediary should answer my questions, but you once said I had to get past the front man with StepChange. I did learn through this as I kept getting conflicting advice.

    Even recently I called them and the advisor (you don't get the same one), said my budget plan included something it shouldn't for a DRO. So I lost a bit of faith that's all.

    I am researching (I don't like to get things wrong and get into further trouble). But I thank you for your time in answering all you have.
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 12th Feb 19, 9:21 PM
    • 25 Posts
    • 1 Thanks
    Ziggydiamonddogs
    Regarding this paragraph :

    " It would only definitely be revoked if your capital became over 1990 and only possibly revoked if over 1000 during the moratorium period. I am not sure which of my many pearls of wisdom you are quoting but it's only if information came to light later of something happening before or during the moratorium period that the DRO would be revoked retrospectively. "

    I may have read the post I was referring to wrong but it was with reference to someone inheriting money after the moratorium period had passed (I'm not sure what moratorium is... 15 months?). So they asked I think after this.... Whilst it's on your credit file for 6 years I think.

    I got confused because I thought after the 15 months you didn't need to worry about declaring anything (not that I have anything I intend to declare I just like to know the ins and outs.

    I wil research further. Thank you.
    • fatbelly
    • By fatbelly 13th Feb 19, 10:38 AM
    • 13,476 Posts
    • 10,533 Thanks
    fatbelly
    The moratorium is 12 months. The only time there could be an issue with capital received after that period is if you could have received it within the period, i.e was it quantified in that period?

    So 'I think I might get a payment in the future but I don't know when or how much' would be fine.

    'I'm due a payment of 2000 but I'm delaying receiving it till my DRO is over' is not.

    Now there could be some grey area between those extremes which is why each case is decided on its merits. But for nearly everyone, once your DRO is over it doesn't matter what money you come into.
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