Cohen & my property

[ginnever]

Well it would probably leave Cohens open to be sued by the new owners as they are not involved, plus an action by you for a breach of the Data Protection Act.

 

Breach of data protection with/to whom???

[lookinforinfo]

It would be a breach of your data for the new buyers to know your situation with Cohens.

[ginnever]

Not sure that this is how I should be writing this:

 

Thank you for your letter dated 31st march, 2010, addressed to me at xx xxxxxx. This letter was only passed to me on xxxxx2010 hence the late reply. I have not lived at the above property the former matrimonial home since xxxxxx, 2009 following the breakdown of my marriage.

 

Following previous court hearings & the claimant failing to comply with the court dated 31st xxxxx 2008 & failure to attend court on the 8th xxxx 2008, District judge xxxx dismissed the application for the charging order. (see enclosed copy)

 

I then contacted the claimant to have the entry removed from the Land registry who sent a letter acknowledging that would be complied with (see enclosed )

 

Land registry sent a letter acknowledging that the restriction had been removed from the register by the claimant ( see enclosed)

 

I am now longer an owner of the above property . The claimant should have sent a copy of the Interim Charging Order and Affidavit to all those with a legal and/or beneficial interest in the property, ie the mortgage lender, I don’t have a copy of this and should this have been carried out the mortgage lender may have advised that the property was to be sold.

 

 

. don't know how to finish this letter off any suggestions???? please

Edited April 22, 2010 by ginnever

[lookinforinfo]

Go whistle springs to mind.

[lookinforinfo]

On a more serious note you could finish by asking that they inform you of their future intentions.

[ginnever]

Go whistle springs to mind.

 

bet they don't ...

[ginnever]

On a more serious note you could finish by asking that they inform you of their future intentions.

 

The court date is very imminent also, & I am unable to attend due to work commitments should I say that I will not be attending ?

 

by the way I am faxing the response in the morning to both hc & the court

[lookinforinfo]

Yes, I think you should let the Court know you cannot make it. It is always best to attend Court to prevent decisions going against you.

[Mightyacorn]

Ginnever, It concerns me that you still haven't contacted the Court yet to verify that there is a definate action, Cohen's are renown for making up letters. Your thread gives no indication of any correspondence from the Court or from the Land Registry, which indicates to me that Cohen's are up to their usual tricks to scare you into paying. A phone call to the Court is all it takes.

 

I also notice that you still haven't done anything about the original CCJ. I know what you're saying about you don't believe CL own the debt, but the CCJ still stands until such time as you take some action to overturn it. IT WILL NOT GO AWAY ON IT'S OWN.

 

Start by SAR to OC, lets see what they've got, then we'll take it from there. As regards posting your documents on here, either buy a copier for as little as £50 or take half an hour out and visit your local library to use the facilities there.

 

But please phone the Court to verify Cohen's alleged Court papers.

Edited April 23, 2010 by Mightyacorn

[ginnever]

Ginnever, It concerns me that you still haven't contacted the Court yet to verify that there is a definate action, Cohen's are renown for making up letters. Your thread gives no indication of any correspondence from the Court or from the Land Registry, which indicates to me that Cohen's are up to their usual tricks to scare you into paying. A phone call to the Court is all it takes.

 

I also notice that you still haven't done anything about the original CCJ. I know what you're saying about you don't believe CL own the debt, but the CCJ still stands until such time as you take some action to overturn it. IT WILL NOT GO AWAY ON IT'S OWN.

 

Start by SAR to OC, lets see what they've got, then we'll take it from there. As regards posting your documents on here, either buy a copier for as little as £50 or take half an hour out and visit your local library to use the facilities there.

 

But please phone the Court to verify Cohen's alleged Court papers.

 

Still can't believe that not had any further documents from the land registry or the court's.. And would a company sent out all photocopies of documents even their own letter, which I would have thought would have been on original headed note paper.

At which point would Cohen's notify the Land registry, ie. that they are applying for the CO or when the CO has been granted??

[Mightyacorn]

Still can't believe that not had any further documents from the land registry or the court's.. And would a company sent out all photocopies of documents even their own letter, which I would have thought would have been on original headed note paper.

At which point would Cohen's notify the Land registry, ie. that they are applying for the CO or when the CO has been granted??

 

 

This is my point, Cohen's have previous form for making up letters to look real. The fact that you have had no documentation from other sources rings bells.

 

Ring the Court this morning and confirm.

 

Did you save the envelope from Cohen's I have another action with that issue in with the Post Office

[ginnever]

No I didn't save the envelope.. but in my case don't think that would have mattered as I haven't been living at the property since last September when I fled the matrimonial home.. hence why I didn't receive the letter till later..

 

What do I ask when I ring the court?

[Mightyacorn]

 

What do I ask when I ring the court?

 

 

Ask them for an update on Court Ref No ????????? the one Cohen's gave you, if they can't find it or they say it's been dealt with, that's fine. Also ask them if your name is listed for hearing on the date Cohen's have given for court. We'll then take it from there.

[ginnever]

thank you, if it is the hearing is nxt Tuesday!!!

 

Will be back later!! thanks

[Mightyacorn]

No I didn't save the envelope.. but in my case don't think that would have mattered as I haven't been living at the property since last September when I fled the matrimonial home.. hence why I didn't receive the letter till later..

 

 

The reason I asked about the envelope is to do with the franking on it. I can't say too much but there is an issue of interest to the Post Office

[ginnever]

Yes I have spoken to the court & they inform that that all the relevant parties ie mortgage lender, etc, have been informed & that was on the 6 4 10. the lady at copurt informed me that I didn't need anything from the court.. my house was sold on the 14.04.10 so this should be intresting

 

I have faxed all copies to the court & to HC

[Mightyacorn]

Yes I have spoken to the court & they inform that that all the relevant parties ie mortgage lender, etc, have been informed & that was on the 6 4 10. the lady at copurt informed me that I didn't need anything from the court.. my house was sold on the 14.04.10 so this should be intresting

 

I have faxed all copies to the court & to HC

 

 

For once HC have got the paperwork right, but too late. Are you going to Court?

[ginnever]

yes hopefully .. don't see how they can attach a CO order thou..

[Mightyacorn]

yes hopefully .. don't see how they can attach a CO order thou..

 

 

Make sure you are in Court, then you know exactly what is going on, I know you have told the Court and Cohen's about the sale having gone thro' but I wouldn't put it past Cohen's to try and get some sort of order regarding the proceeds of the sale (I don't know if they can or not but you don't want to find yourself in any worse position).

 

Once the hearing is sorted out, we'll help you sort out the original CCJ.

[ginnever]

Thank you, just hope I can get the time off from work..

 

They can ask for proceeds of sale, but what I got has paid off debts and I still have some debts remaining.. so don't know what they gonna get.. Can't understand thou why they never sent bailiff or any letters during the period before going back to court again?

 

Debt has cost me dearly, think that Debt skills should be taught in school..

[ginnever]

Had this awful thought that would they freeze my bank account.. if they did I don't have anyone to turn to for money to live, etc

[ginnever]

been to court & their solicitor had a word with me, informed him prior to seeing the judge that the house has already been sold.. he then contacted HC who said that they already knew.. and he was to withdrawn.. and to go for costs from me.. well he tried to go for full costs but the judge only allowed the court costs..

 

The debt is still there where do I go now???

[Mightyacorn]

They asked you for Costs despite you having told them well prior to the hearing !!!!!!

 

Right, you need to SAR the original lender, who I think you said was GE Money.

 

You need to ask them for copy of agreement, Default Notice, Deed of Assignment and Notice of Assignment.

[ginnever]

Yes I think it was £265.00.. The judge only awarded the court costs of £105.00

So I write to the original, yes it was GE Money. I thought that before I had done all this, but it might have been to when Cohen started that I asked for all the original documents & they said that they didn't have to disclose the information..

 

Can you lead me to the letter/template that I should use.?

thank you

[Mightyacorn]

Post #2 is what you need, adapt it to your own personal details:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190251-subject-access-request-template.html

 

Make sure you ask for copy of agreement, Default Notice, Deed of Assignment and Notice of Assignment.