Hey Goldlady - what happened?

Hello all - Anyone had any success with UUTF for electricity debts? Also, don't suppose anyone knows if Eon has a grant fund to help pay arrears - Been googling all day but cannot find anything! Thanks in advance for any advice... Donkey

Update - Claim stayed for 28 days...! Cohen's have sent a Consent Order - Reduced settlement paid over a period of twelve years (two pounds per month). Should I accept..? Wonkey Donkey

Hello all – Just a quick update! Managed to get the Allocation Questionnaire filed before the deadline. Managed to put the boot in using Section G – Pointing out that Cohen’s had failed to follow pre-action protocol and procedure. Also, included a copy of Cohen’s usual ‘we are not obliged to comply with Civil Procedure Rules’ letter and asked if the Court could clarify the legal obligations of both parties! Unfortunately, the other side have also filed the Allocation Questionnaire. I was hoping that they would again miss the deadline and the case by struck out! Strangely enough I received a letter from them on Thursday, offering a reduced amount for a final settlement. Spoke to Cohen’s and they did not even know they had the stay lifted and offered me a ‘Consent Order’. I have never heard of this before but it is usually involved in matrimonial cases – Perhaps, they were reading from the wrong leaflet! I also decided to tick the box regarding free mediation from the Court Service – Thought this may highlight my intention to negotiate and delay proceedings for a bit longer. Anyway, I will wait to hear the Judges directions and keep you all posted. Best of luck with your own legal issues fellow Caggers!

Can anyone else offer any advice? Many thanks, Wonkey Donkey

Thanks for the posts bazaar and 42man – The advice and links are really helpful. I have just checked the Allocation Questionnaire and it is an N149 – Is there much difference between the N149 and the N150? Going to have a scoot around the site regarding miss-sold PPI as I believe most of the debt is made up of these – All this for a poultry debt that started out at £150.00! Many thanks again. Wonkey Donkey

Can anyone help - I need to file AQ at Court on 2 February..!? Any advice greatly appreciated. Wonkey Donkey

Hello all – Thought I was out of the woods, but it would seem not! Been having an on going battle with Howard Cohan Solicitors over a small debt to GE Money (Debenhams Store Card). Had the usual treatment from Howard Cohan – Not letter before action, straight to County Court Claim etc. Also, had the usual ‘do not have to comply with CPR’ and have not received any information as requested, such as statements or CCA. Anyway, I filed a defence back in November 2008 and waited for them to respond by informing the Court that they want to continue. Nothing for 28 days and the Claim was stayed on 29 December 2008. Thought that would be the end of it but now I have received a Notice of Transfer of Proceedings to my local Court. I called Northampton and apparently Cohan applied for the Stay to be lifted on 15 January 2009 – What a waste of £70.00! I am wondering what to do next – Basically, my defence was that I believed that the sum claimed was made up of miss-sold PPI charges and unnecessary Court and Solicitors Fees. I stated that I was not in a position to file a full defence as the Claimant could not furnish me with a valid CCA or any statements relating to the alleged amount owed. I have noticed in the Allocation Questionnaire that you can opt for ‘Settlement’ by means of mediation – Will this result in me not getting a judgment and putting a spanner in the works for Cohan? Also, if I lost the case would I be expected to pay the £70.00 fee for having the Stay lifted? It would seem unfair as Cohan had ample time to respond and furnish me with the information I asked for. I was hoping that would be the end of it – Any advice on what to do next would be greatly received! Wonkey Donkey

:D

Hey DDD – Sound’s like they are just about done! Inviting you to drop your defence – Is that like inviting your opponent in a boxing ring to ‘drop their gloves’! After filing my defence to the initial County Court Claim form, the Claim was stayed after the 28 days (plus five to serve) as Cohen had failed to confirm that they would like to continue. I had a similar letter, but presumed it was a mistake and perhaps was supposed to be an invitation to the office Christmas party. Also, included were a couple of year’s statements (the debt relates to a one off purchase some five years ago). Had a call yesterday from one of their monkeys, saying that unless I paid in full immediately they would lift the stay and continue. My response – ‘Are you prepared to pay the fee for having the stay lifted’? The answer was ‘If you are willing to pay the fee we can arrange this’! I asked the caller how his GCSE exams were going and ended the call. Stand hard DDD – Almost over my friend. Wonkey Donkey

Hey DDD – Sound’s like they are just about done! Inviting you to drop your defence – Is that like inviting your opponent in a boxing ring to ‘drop their gloves’! After filing my defence to the initial County Court Claim form, the Claim was stayed after the 28 days (plus five to serve) as Cohen had failed to confirm that they would like to continue. I had a similar letter, but presumed it was a mistake and perhaps was supposed to be an invitation to the office Christmas party. Also, included were a couple of year’s statements (the debt relates to a one off purchase some five years ago). Had a call yesterday from one of their monkeys, saying that unless I paid in full immediately they would lift the stay and continue. My response – ‘Are you prepared to pay the fee for having the stay lifted’? The answer was ‘If you are willing to pay the fee we can arrange this’! I asked the caller how his GCSE exams were going and ended the call. Stand hard DDD – Almost over my friend. Wonkey Donkey

Thank you for your advice DDD - Very much appreciated. I will get straight onto it as I want to file my defence tomorrow. Just out of interest - Would you be able to post roughly what you filed as your defence to the Court? I am basically thinking about using HC's failure to comply with CPR request, and that I believe that most of the claim is made up of mis-sold PPI, administration costs, unnecessary solicitors and court fees. Interestingly, I had a letter from GE Money today saying that they need another four weeks to investigate my complaint. Basically, I had been paying Credit Solutions Ltd to settle the debt and the money was being taken at £1.00 per month but all of a sudden no Notice of Assignment to HC / CL Finance but a County Court Claim appeared! Also, I am unsure of how much they are claiming against you, but do you reckon they would pay for a representative to attend your local Court for a hearing - I owe £205 plus £15 Court Fee and £50 Solicitors Fee. Anyway, will crack on finding the info. Any further advice would be greatly received!

Damn - what happened next?!

What happens if they do not comply with the CPR request - Can you file that as a defence and hope that the case is struck out?

Hi DebtDebtDebt, Hope all is going okay - Just wondered if you could tell me what you filed as your defence? I am in the same situation as you and need to file something by this Friday! Any info would be great!

Thanks for that creditcardmug - I know it may sound stupid, but do they have to comply with CPR and if so would that form my defence? I filed the Acknowledgement of Service yesterday so I still have another 14 days. I dont have my own thread on this - Apologies in advance if I have not followed protocol on here but I am new to all this! I also noticed that alot of people have received notice that they are acting on behalf of CL Finance a day after receiving the County Court Claim Form - This happened to me too! Any advice wold be greatly received!

what happened next? Need advice myself for exactly the same situation! Please help!

Hello all! Just found this thread and wondered how the case is going. I am exactly the same situation - I have just filed my acknowledgement of service to get the extra 14 days. I received a letter this morning from Howard Cohen Solicitors stating that they are under no obligation to provide me with the details I requested under CPR. Waiting to see what happens next - I cannot believe they will send somebody down to my local court if a hearing is required? Still cannot understand why they have done this and shown no interest in negotiation - Most of my other debts are £3k plus and they have accepted token payments so far. This store card debt is only £205.00 plus their fees - Maybe they think it will scare me into paying a relatively small sum? Anyway, best of luck with your situation and keep us posted!