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  • FIRST POST
    • Ziggydiamonddogs
    • By Ziggydiamonddogs 6th Nov 18, 10:49 AM
    • 18Posts
    • 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
    • 18 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
    • 18 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
    • 179 Posts
    • 79 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
    • 18 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
    • 18 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
    • 179 Posts
    • 79 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
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