They will be pretty much stuffed if they can't produce the documents as required by the CPR request.....

Have a look here for AQ help - http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance-2.html#post1916595

http://www.consumeractiongroup.co.uk/forum/legal-issues/159341-court-papers-received-what-6.html#post1759763

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

There are quite a few Howard Cohen defended cases on CAG at the moment....however the default must be compliant too....!!

Well I submitted the N149 saying I still hadn't had some of the requested documents, and that I was willing to mediate and hoping to settle.

Also responded to Cohen's offer with what I can afford - which is not a lump sum, but continuing to pay at the rate previously agreed until cleared.

Have had a reply from the court saying the claim is stayed for 28 days to give us the opportunity mediate/settle.

At this stage I feel more positive - and hope I can get a result that doesn't end in a CCJ.

Hello

I have a debt which went to court in 2009 and I negotiated with the mediation service

and came to a settlement agreement to pay £5 per month until paid in full.

"The action will be stayed and the parties will consent to an order in the terms of the attached Tomlin Order"

This DCA has written to let me know they have sold this debt on to another DCA.

I emailed the new DCA over 3 weeks ago, asking for their bank details

so I could continue to pay by standing order,

but all I have had from them - yesterday - was a letter asking me to complete a financial statement

along with my offer of payment - and still no bank details.

Are they allowed to ask for increased payments and a financial statement?

Thanks for your help

no.

who's it from and too?

name names please

dx

No, I dont think they are - the Tomlin order formed an agreement which is valid. The new owner cannot change the terms. Having purchased the debt, the new owner has to stick to what has been agreed.

Hello dx100uk -

- is that "no" to "Are they allowed to ask for increased payments and a financial statement?"

or "no" to "does the agreement still stand?

It was CL Finance and has been sold to Robinson Way.

Thanks

cl finance are robbers way sadly

so its not been sold then.

all part of the hoist group I think now

dx

Banking details should remain the same for accounts transferred... Not an assignment in the strictest sense, as DX notes all within the hoist group.

Did the Tomlin schedule allow for periodic reviews or was it set at a fixed sum until repaid in full?

£5 per month by standing order by the xx of each month until paid in full.

I'm concerned that they are trying to set me up break this agreement by not giving me the account details to continue with the Standing Order. Or should I continue to pay into the old account (though I have now missed the correct payment date this month).

here's an extract from the note of assignment

"CL Finance has assigned all of the rights, obligations and benefits associated with the above account to Hoist Portfolio Holding Limited (HPH Ltd) to whom all monies are now due. Please note that should you wish to discuss any aspect of this matter, you should contact HPH Ltd's appointed recovery agents Robinson Way Limited on 0845 266 8876, who will be happy to assist. It is essential that all payments and correspondence be sent to them at: Robinson Way Ltd etc etc"

Is that really the wording? You can't assign obligations. You can only assign rights. The obligations stay with the assignor. You can't sell liabilities like that.

Yes Bankfodder, that's their wording.

No, I dont think they are - the Tomlin order formed an agreement which is valid. The new owner cannot change the terms. Having purchased the debt, the new owner has to stick to what has been agreed.

Correct.

is that really the wording? You can't assign obligations. You can only assign rights. The obligations stay with the assignor. You can't sell liabilities like that.

The sale of a debt singly or as part of a portfolio is sold with "all the rights and obligations of the original agreement.

See HMRC VATFIN3215.

If its being collected via cl's old account number ending 4136 with sort code 16-14-17 Hoist control that account and would be able to reconcile your standing order with the data it holds... if it isn't then its probably simplest to telephone it for the correct banking details.

Not sure what arguing the matter would ultimately achieve? There may be a case that you cannot assign an order with inherent non disclosure privilege, taking it to the extreme the assignee has no lawful right to inspect the schedule as this was formed between the 2 parties to the case and should remain privileged. You could by all means object but I'd assume it would apply to the court as an interested 3rd party, which would leave you at risk of costs.

I'd be inclined to reinstate the standing order with immediate effect and send it a copy of the order with a polite notice that you suggest it complies and makes no further attempt to draw you into renogiating the terms.