Howard Cohen "Judgement" but NO COURT PAPERS!! ANY ADVICE PLEASE???

[UnitedFront]

Hi everyone, I shall try to make this as breaf as possible. In April 2008, my disabled and mentally ill mother sent a cca request to Howard Cohen regards an account they were trying to collect. She got a response that was satisfactory and so I helped her arrange to pay £5 per month.

 

However, I have just found out tonight that she was unable to meet these payments for that last few months of 2008. Even worse than this, I have just found whilst at here house earlier, the following document:

 

 

This was the first I knew of her ongoing problems with these people. When I spoke to her and my father about it, I found the following letter which Howard Cohen sent in September 2008:

 

Edited January 15, 2009 by UnitedFront

[Desperate Daniella]

Firstly, call the Court first thing tomorrow and tell them the situation about your mother's health. You may have to provide evidence that she is unwell, but if you say you are going to do that the Court should contact the bailiff's office and call them off for now.

 

Then write the court a long letter about your mother's circumstances, and that you have just found the Judgment.

 

I once got a CCJ for a service charge payment which was sent to the wrong address, and got it set aside. You apply to the court, and ask for the relevant form.

 

Clearly as your mother is disabled and mentally ill, she is unlikely to be applying for further credit, so I wouldn't worry too much about the CCJ, but as I've said you can almost certainly get it set aside.

 

You'll get a lot of advice on the correct procedures to follow, but I am sure that the Court will be very sympathetic to your mother's situation.

 

DD

[UnitedFront]

Sorry about this, the forum entry thing actually cut half of my first post off!!!

 

The thing is that there are a few issues I wonder if anyone could help me with. Mainly these:

 

1- My mother NEVER received any court papers or anything telling her that the case was going to court or giving her the chance to file a defence!

2- She NEVER offered them the payment of £25 a month as the judgement document alleges!

3- The figures at the bottom of the judgement document do not add up!!

For example (I will change the figures):

It is therefore ordered that you must pay the claimant £600 for debt [and interest to date of judgement] and £40 for costs.

 

You must pay the claimant a total of £560

by instalments of £25 per month

 

As you can see, the first part says that she owed £640 and yet right below this, it says she must pay a total of £560! This is a discrepensy of £80!!

 

Is this a genuine judgement? How can I find out? How could they have got this judgement when she has not ever received court papers? and how can they have got this judgement that says her offer of payment has been accepted in judgement when she did not make an offer of £25 a month!!

 

Sorry for so many questions but this has made me ver confused and very angry!

[UnitedFront]

I'm really sorry but my computer or the thread create tool has duplicated my thread!!

 

Can a mod or someone please merge this one with:

http://www.consumeractiongroup.co.uk/forum/legal-issues/177993-howard-cohen-judgement-but.html

 

Or delete one please?