CL Finance / Howard Cohenn.. Help Needed

[Helpmeoutplease]

Hi I'm hoping someone can help me out please?

 

Originally I had a Marbles card taken out in 2002, I found myself in finacial difficulties in 2005 and agreed a reduced repayment with Marbles (HFC bank) for £20 per month.

Around june 2008 I recieved a letter from a company called CL finace requesting payment £20 or legal action will be taken against me. I phoned CL finance they told me they now owend the debt from HFC and I should now pay them. I continued to pay HFC for the next month then I recieved a N1 court claim from howard coheen on behalf of CL finance claiming £5100 the amount i owed HFC.

After seeking advice from citizens advice I defended the claim and also after seeing this great web site I sent in a CCA request.

CL Finance sent me a response saying they will provide me with the information as soon as they can.

I then recieved the allocation questioner from the court which i filled in a returned.

after about 2 weeks the case was struck out as howard coheen had not returned thier allocation questioner.

 

I recieved a letter from howard coheen 12th Jan 09 stating that they did not want to pursue legal actiona and that payments should continue at £20.

 

I have sent CL finance a default notice for the CCA request sent.

 

I had a call from CL finance stating that I should continue payments and the default notice for the CCA request was not valid. I advised them that I would not discuss this over the phone and they should sent it to me in writing.

I've not recieved anything yet and feel i need to send them something?

Any ideas?

[creditcardmug]

They are playing games with you, send them a letter along the lines,

 

This matter has already been the subject of a court claim, by yourselves, the case being struck out by the Honourable Judge xxxxxxxx on DATE, the claim number being xxxxxxxx, i do not expect to hear from again

Yours etc

 

end of

[Helpmeoutplease]

Could they use the fact that I had been paying £20 per month against me in court and how would a judge view this?

[creditcardmug]

Just to be clear, you have not paid anything since the claim was struck out?

[Helpmeoutplease]

Thats correct once the claim was struck out i sent the account in dispute/default letter then stopped payments.

[creditcardmug]

Thats it then send the letter as above...no problemo

[Helpmeoutplease]

Thanks Creditcard mug..

just one last question before I send it off.

My defence for the last claim was not based on the fact that no credit aggrement was in exsistance athough i did request it during the claim, the defence was based on the fact that I had not missed a payment to HFC.

 

I get the feeling that Cohens are going to send another claim through anytime.

 

If your letter advise still applies its in the post tomorrow.

 

thanks again

[creditcardmug]

Well, if they came up with an agreement, then the basic facts would change, so they may be able to convince the court to allow them to bring a fresh claim.

Cross that one when you come to it, still send the letter

[Helpmeoutplease]

ok will do, I will let you know how it goes.

[creditcardmug]

Bit of encouragement, check out this thread also

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185757-cattles-suspends-lending-through-3.html

[Helpmeoutplease]

Well Howard Cohen & co finally go in touch.

 

I recieved a letter today which states the following

 

Dear Mr*******

 

RE: CL Finance LTD and Yourself - Balance £****.**

 

Northampton - 8XXXXXXX89

 

it is with concern that we note you have not made payment of this debt as arranged.

 

Further delay cannot be tolerated and you should note that if a remittance is not received at this office BY RETURN OF POST our instructions are to apply to the Court for Judgement to be entered against you. If this course of action is necessary further costs will be incurred which you will be responsible.

These costs will be added to the judgement debt.

 

We trust that the above mentioned action will not be necessary but should we no receive payment no further notice will be given.

 

If you wish to discuss this matter please telephone 0870 751 3281

 

Yours faithfully

 

Howard Cohen & Co

 

 

 

 

 

It looks like a standard letter to me, what do you think I should do now?

They are claim number is the same number that was struck out.

Edited March 25, 2009 by Helpmeoutplease

[creditcardmug]

Have you got the court order striking out the case? if yes then this letter must have been sent either by an office junior or an idiot

[Helpmeoutplease]

I'm not sure that I recieved anything i writing from the court, I phoned them the day after the deadline day and they told me it had been struck out. I then recieved a letter from Cohen's saying they were not pursuing legal action as long as i paid £20 per month.

[creditcardmug]

Phone the court tomorrow to double check, ask them to send you a copy of the judges order, theres no point in considering a next move until we have this

[Helpmeoutplease]

ok will do, look for an update tomorrow.

Thanks

[Helpmeoutplease]

I've been in touch with the courts and the case was struck out, they will be sending a letter out to me. I asked if howard cohen should still be refering to the claim number on there letters and the court said they could apply to the judge to re-open the claim.

But for now the claim is struck out.

So what next

[creditcardmug]

They would have EXTREME difficulty in trying to resurrect this, not least because you would object to it

 

My advice ignore them for now, unless they involve the court again, if they do we can go for them (highly unlikely)

 

Once you have that court order in your hands, you are home and dry IMO

[Helpmeoutplease]

so should i send them a letter?

[Helpmeoutplease]

Today I recieved a letter from the court which states:

 

 

Before An Officer Of The Court sitting at Northampton County Court Northampton NN1 3QH.

 

Upon non compliance with court order of the 05 January 2009

 

IT IS ORDERED that

 

The claim is struck out.

 

Dated 13 March 2009

 

 

 

Now I have this letter what do you suggest my next action should be, does this now mean they have no more legal power to hassle me?

[creditcardmug]

Today I recieved a letter from the court which states:

 

 

Before An Officer Of The Court sitting at Northampton County Court Northampton NN1 3QH.

 

Upon non compliance with court order of the 05 January 2009

 

IT IS ORDERED that

 

The claim is struck out.

 

Dated 13 March 2009

 

 

 

 

 

Now I have this letter what do you suggest my next action should be, does this now mean they have no more legal power to hassle me?

 

Two options claim your costs against them, or ignore anything else they send, there's really nothing they can do and they know it...well done

[Helpmeoutplease]

Thanks for all your help creditcardmug, I will keep you posted if anything changes.. But for now i will take your advise and sit back and see what happens.

[PGH7447]

Congrats:)

[Helpmeoutplease]

Thanks PGH but I got a nasty feeling they will be trying to restart the claim, so going to hold the celebration of for a while..

[Helpmeoutplease]

well my friends at howard cohen have been in touch again today, i recieved a letter almost identical to the last one

 

Dear Mr*******

 

 

RE: CL Finance LTD and Yourself - Balance £****.**

 

 

Northampton - 8XXXXXXX89

 

 

it is with concern that we note you have not made payment of this debt as arranged.

 

 

Further delay cannot be tolerated and you should note that if a remittance is not received at this office BY RETURN OF POST our instructions are to apply to the Court for Judgement to be entered against you. If this course of action is necessary further costs will be incurred which you will be responsible.

These costs will be added to the judgement debt.

 

 

We trust that the above mentioned action will not be necessary but should we no receive payment no further notice will be given.

 

 

If you wish to discuss this matter please telephone 0870 751 3281

 

 

Yours faithfully

 

 

Howard Cohen & Co

 

 

The amount of money owed has gone up 2% in 17 days.

 

This letter is dated 20th March.

 

It looks like they decided to give me further notice, how nice of them!!

 

The claim number is the same as the one struck out.

 

Any advise on what to do, is it worth sending them a letter stating that the debt is in disbute and the claim has already been struck out?

Or do i just keep ridding the storm and see what happens?

Edited March 25, 2009 by Helpmeoutplease

[Helpmeoutplease]

bump