Howard Cohan - CL Finance - Stay Lifted Allocation Questionnaire - Now What!?

[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

Edited February 5, 2009 by Wonkey Donkey
Typo!

[Wonkey Donkey]

Can anyone help - I need to file AQ at Court on 2 February..!?

 

Any advice greatly appreciated.

 

Wonkey Donkey

[bazaar]

Hi Wonky D

The mediation will be a cards on the table meeting before any court action.

This will give you the chance to pick apart there case, but also for them to do the same.

They haven't provided any documentation to your satisfaction via the CPR. In fact they are saying they dont have to follow the correct guidelines.

I'd apply to the Court and Honourable Judge to force them to provide the documents you require to enable you to formulate a correct defence.

Make sure you highlight to the Judge that they have refused this request, copy their letter to the Judge to show how unreasonable and arrogant they are in the face of the law

[42man]

Is it 149 or 150 ?

 

A few useful threads here

 

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

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

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

[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

[Wonkey Donkey]

Can anyone else offer any advice?

 

Many thanks,

 

Wonkey Donkey

[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!

Edited February 5, 2009 by Wonkey Donkey

[bazaar]

So they still havent sent you a statement of account for you to work out your defense and counterclaim, oh dear.

You may wish to send them a letter asking for this under the CPR that they keep ignoring.

Also, try to start working out the time youve spent on this, you may want to ask the judge for your costs as well as the counterclaim:D

[Wonkey 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

[creditcardmug]

Only you can decide, if you win you pay nothing, and claim your costs from them.

If you lose you have to pay within 28days including all their costs, or you get a ccj.

 

Question is, do you think you have a strong enough case to win?

 

Personally, i would avoid a consent order if possible, because if at anytime in the future you default (who knows what your circumstances might be), they can then bring enforcement warrants etc,very quickly.

 

From what you are saying in post 1 it looks like you have a case?