C L Finance - Awaiting Court Action. **WON**

[cerberusalert]

Someone posted this link in another thread which may interest you if you're not satisfied with the response from the SRA Office of the Legal Services Ombudsman for England and Wales (OLSO)

[GhostDebt]

Hello MA

Have you got a thread on this?

Looking at it, it has got the

APR

Credit Limit

Amount per month

Right to cancel

included in it. not sure about the other prescribed terms as still learning but looks enforceable at first glance.

 

Has this been assigned? and do you have a Default Notice for it?

 

If you can post the link to the thread will have a look in more detail.

 

Regards

[GhostDebt]

p.s

These agreements used to have the other T&C's on the back, so they should also have sent a copy of the back as well...

[GhostDebt]

Quick update,

 

Solicitors Regulation Authority have written to us to say a file has been opened and will be allocated a case worker within 4-6 weeks who will then consider the matter.

 

So will wait and see what happens.

 

Regards

[GhostDebt]

In a small claims case where the claim has been struck out for failing to comply with the judges orders, can we claim costs using an N252 form?

 

Who would we send the form to? HC or CL or copy to both?

What are the fixed costs and court fee to get the court to issue a default costs certificate?

 

Any advice?

 

Many thanks

[maddiemay]

Claim form I received on 7th July, says claimant solicitor is Howard Cohan, not Cohan Cramer, I'm confused, can they still say they are H C when in fact they are now Cohan Cramer, no TA on claim form, or am I completely missing something, which is not unusual recently.

[GhostDebt]

Hi Maddie,

Do you have your own thread?

I think if you read the small print at the bottom of their letters it says

Howard Cohen is a trading name of Cohen Cramer.

Don't have a letter to hand to check, but have a vague recollection it does.

 

p.s whats TA stand for?

 

Regards

[GhostDebt]

Evening

 

Have received a letter from the court which says:

If you wish for an order to be made for the claimant to pay your costs you will need to make an application paying the appropriate court fee. Please find attached the Application Notice together with the court fee booklet to assist you with the fee. (2 x copies N244 enclosed).

 

Will post up my proposals for filling in the form later.

 

Regards

[Mightyacorn]

Hi Maddie,

 

p.s whats TA stand for?

 

Regards

 

 

I think it "trading as" - but i could be wrong

 

I have reported Howard Cohen to FOS, and they have come back having investigated Cohen Cramer. If you look on the bottom of any of their letters it does state Comer Cramer trading as Howard Cohen

[GhostDebt]

Proposal for filling in N244.

 

Basic Info ok.

 

3. The Claimant pay the defendants costs as per the attached breakdown of costs due to their unreasonable behaviour in this case.

4. no

5. without a hearing

6. blank

7. blank

8. blank

9. Claimant

10. tick the evidence set out in the box below

fill in box as 'see attached breakdown of costs and attached copies of receipts'

fill in statement of truth

fill in signature and address details.

---

Then for breakdown of costs sheet put,

£ Application fee

£ cca request fee

£ postal fees

£ Defendant in Person costs based on £9.25 per hour

£ Travel costs based on £0.40 pence per mile

£ parking

---

 

Any comments on this? as want to deliver it to the court tomorrow.

 

Many thanks

[GhostDebt]

Bump for comments to post #110 above.

 

Many thanks

[wakieblue]

subbing

[GhostDebt]

The following is the response from the SRA:

 

Thank you for you letter of .. reporting the issues you have about HC & Co.

 

Our objective is to regulate solicitors and others involved in legal services in the public interest and in the interests of users of legal services.

All the information we receive as regulator is useful. Our powers enable us to discipline those we regulate for misconduct and to place controls on how they practise.

Please note that we do not award compensation or provide other financial redress.

As I understand it, you have reported that .. issued you with a claim on .. on behalf of HC. You subsequently filed a holding defence in this claim and asked the court to instruct the claimant to provide further documentation. You received a letter from HC dated .. stating that a judgement had been entered against you and ordering you to pay .. per month. You are concerned that HC issued the letter of judgement to you despite being aware of the status of the claim and believe it was done to harass you. You note the court subsequently struck out the claim as the requested supporting documents were not filed.

The SRA takes information about possible professional misconduct very seriously. However in this case a decision has been made that, on the basis of the information you have providedand on an assessment of risk, a formal disciplinary investigation is not required at this stage. The information will however be referred to the SRA's Practice Standards Unit (PSU) for consideration.

The PSU's remit is advisory rather than disciplinary and where they identify improvement actions that a firm may need to take, they are usually remedied by way of mutual agreement.

If following PSU's review the SRA needs to take more formal action in respect of your report the matter will be assessed again and you may be contacted with further information as to what we propose to do. Where possible you will be informed of any regulatory outcome...

etc etc.. stuff about LSO.

 

---

 

Seems a bit of a fob off to me, is anybody considering a mass complaint to the LSO about this or have any other further suggestions.

Should we reply to the SRA telling them this isn't an isolated incidence?

 

Any suggestions.

 

p.s MA will discuss it with the other person as well I think.

[Mightyacorn]

p.s MA will discuss it with the other person as well I think.

 

 

I think you should GD, I am also putting a letter together, as you suggested, to Anne Widdicombe.

[GhostDebt]

Brief update.

 

We made an online notice of correction to Experian about this account and default entry and have had a reply stating that the account entry has been removed.

Checked the credit file and the account has gone....

Just have to wait and see if they put it back on again.. !

 

Regards.

[maddiemay]

I dont have any letters from Howard cohan to see if there is reference to Cramer, only claim form, no mention of cohan cramer on that, should I report it and if so who to. I'm at the stage of waiting untl 5th Nov, if Cohan or Cramer or whoever they are called dont supply docs ie default notice, cca, the claim will be struck out.

[Mightyacorn]

Update - Letter from LSO, not happy with SRA:-

 

http://i461.photobucket.com/albums/qq331/mightyacorn2008/Legal%20Services%20Ombudsman/LSO.jpg

http://i461.photobucket.com/albums/qq331/mightyacorn2008/Legal%20Services%20Ombudsman/LSO0001.jpg

http://i461.photobucket.com/albums/qq331/mightyacorn2008/Legal%20Services%20Ombudsman/LSO0002.jpg

http://i461.photobucket.com/albums/qq331/mightyacorn2008/Legal%20Services%20Ombudsman/LSO0003.jpg

 

We wait with baited breath to see final outcome......

[dannyboy660]

Sounds promising I think.

I take my hat off to you for seeing it through.

I think too many people are inclined to not bother to complain, or just give up too easily.

[Jasper1965]

The conclusion makes interesting reading. It's about time some of these regulatory authorities opened their eyes and then faced up to the systematic abuses perpetrated by outfits like this.

[DonkeyB]

That is brilliant!

[Jasper1965]

I especially like the part suggesting a thorough check be instigated to ensure that judgment really has been obtained "In each and every case where payment has been demanded".

 

Suggest this is going to cause this odious company some very serious problems indeed.

[DonkeyB]

It just proves what a shabby and 'look-after-yer-mates' investigation Gordons conducted. I wonder if the SRA will continue to use them? Maybe the SRA should complain about the service they received to the, er, SRA.

 

It will be interesting to see the follow up.

 

Let's hope the OFT can get equally as clear - pointless using the word 'tough' - with the DCA community.

 

Great work, bloody well done for seeing it through.

[PGH7447]

excellent keep up the pressure

[UnmoderatetheNet]

Human Error my ar*e.

 

what needs to investigated is Proof beyond reasonable doubt that 'human error' was to blame and not the lame attempt to scare people into paying and thinking they could get away with it.

 

Other people need to also complain, but well done. Don't give up on this lot that have caused so much misery, hopefully cattles will take them down when they too disappear.

[Huff&Puff]

That's outstanding :)

 

I almost restores my faith that there are at least some powers that be that are prepared to take action against this despicable and fraudulent industry. Now if only we could find someone to complain to about OFT "investigations"