Casperlady and Howard Cohen in court next week for SJ hearing. - help?!

[casperlady]

Hi Hammyhound,

 

Do you have to attend a hearing like this too?

[hammyhound]

Not yet, but I am about a week behind you so no doubt I will be following your footsteps.

 

HH

[casperlady]

Well maybe. I think I have this hearing because I filled out the AQ incorrectly. But I may be wrong, that's one of the things I'm hoping someone here can help with.

 

Following these Howard Cohen court threads it seems they all do go along slightly differently. Maybe in your case Cohens will be asked to provide more info, which is what I think I was hoping for at this stage.. that's what I asked for in the directions.

 

Also, the claim is just over £5000 so I don't suppose it can be fast tracked. Not that I really know what that means!!

[casperlady]

Bump

[GhostDebt]

HI Casperlady, did you get a notification from the court telling you which track it has been assigned to?.

[GhostDebt]

Just read an earlier post and it appears it hasn't been allocated a track as that is what the hearing is about.

Yes you should attend the hearing.

It may be prudent to come up with and prepare an arguement for keeping it on the small claims track, to limit the possible cost implications but only if it is a straightforward case.

 

Mr Ton will correct me if I'm wrong...

 

Regards

[casperlady]

Thank you so much for your reply GhostDebt. Yes that's what the hearing is about, allocating the track.

 

In my directions I put that the claim should be assigned to the small claims track as the claimant needs to prove that I owe the debt by providing all the paperwork etc, therefore making it a straightforward claim. I probably wasn't clear enough, and I expect the crossings out on the allocation questionaire didn't help!! Is it a normal thing to have a hearing to decide which track that the claim should be assigned to?

[GhostDebt]

Not in my experience so far, however it may be because you have asked for it to be small claims and it is over the nominal 5k limit, hence the need for a arguement to be prepared before the hearing.

My opinions only though...

 

Regards

[casperlady]

Thanks GhostDebt. The only argument I have is that it's not my account number, so it should be a very straightforward case?!

 

I have today received a 'statement of Account' from CL Finance.

 

It includes the amount of the alleged debt plus

 

Court Fee £190

Solicitors Costs £100

Collection/ Letter Cost £5

Post-Judgement Fee £200

 

The 'post judgement fee' entry is dated the beginning of september. Why would they charge me a post judgement fee when we haven't even been to court to decide the track yet?

Although this isn't an invoice, it's a statement, it's still bizarre.

[Gazza112]

Hi Casperlady

 

 

Firstly don't worry about the hearing, you hold all the cards at the moment. It's upto Howard Cohen to prove the own the dept not you admitting it. As you said the account number is differant to the one's you hold, let's see Howard Cohen produce what he's statement on his claim form.

 

 

Gaz

[casperlady]

Thank you Gazza112. I'll try not to worry and just go along with that argument. It does appear on the surface to be a pretty good argument.

 

When I first got the claim form in the post I dug out all the old credit cards and not one of them matched the number on the form. Plus as I didn't have any accounts with Santander I actually thought that it was a mistake and they meant to send the form to someone else.

 

It was only when I realised that it was likely to be an old GE Capital Bank card that I thought maybe it was one of mine after all -(there are a few of them, while I was working and my OH was out of work we lived on credit cards as I was positive life would get better and we would have our old earnings back any day. Then I got ill and we lost all our income.. Turns out I was wrong..! ) but anyway, that's still a guess, as the account number is still wrong, and Cohen haven't given me the correct number...

[GhostDebt]

We got a statement the other week with the same things listed.

Showed it to the judge yesterday and he didn't seem to be too bothered that the amounts on it were different to the normal statements they have sent and said basically thats an arguement for the trial not a CMC

(Hope we don't get him again...)

How is your AQ coming on?

 

Regards

[diddydicky]

Well it looks as though I did mess up that form

 

I received a letter from the court today..

 

"District Judge has considered the statements of case and allocation questionaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

 

Reasons for the hearing are as follows: To consider (a) Whether further particulars of the claim are needed (b) directions generally

 

District Judge orders you to attend at (time and date, which is about a month away)"

 

Can anyone help me? What do I do now? I know I have to attend the hearing, but what information should I go with? I'd be very grateful for any help at all, please!!!!!

 

what was your defence- did you submit if before you had all the information CCA statement of account DN TN etc or was it an embarrased defence

 

have you had all the documents you need from them

[casperlady]

Hi all,

 

Well here was my previous thread on this

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/216938-allocation-questionaire-received-help.html

 

but I thought I should start a new one as it has all changed as of today.

 

Initially when I received the court papers I thought it was a mistake as the account number didn't match any of my accounts. I submitted an embarassed defence, then the AQ arrived and I messed it up, asked for it to be fast tracked but it was over £5K, so now I have a court date next week which is to apparently decide the track.

 

I had decided that I was just going to go to the court and say that the account was not mine and that Howard Cohen need to prove that it is mine.

 

Today I received a pack of papers from Cohens. Their witness statement and evidence.

 

The evidence includes a copy of the credit agreement. Not signed as it was an online agreement. Has my name and address on it.

 

Copy of a default notice.

 

Copy of a notice of assignment.

 

Copies of statements, showing payments previously made.

 

In summary, I think I'm stuffed. The account number is still different to the only card I thought it could be relating too, but that doesn't seem to matter with all that evidence.

 

My question is - what do I do now? One thought was to phone Cohens and ask why they didn't send me this information when I first asked for it and see if they will accept £1 per month (I can't even afford that, but I can try!!) My OH said I should call GE capital directly and ask them about a payment agreement, but Cohens are taking me to court on behalf of CE Finance, not GE Capital, so I don't think that would work.

 

I obviously can't write any letters because of the postal strike, but maybe I could email Cohens. Or do I just turn up at court and say that now they have sent me the details I know what it's about? But would Cohen's accept £1 a month anyway, there is absolutely no way I could pay the full amount, I don't earn any money. (I'm self employed - no profit - joy of joys) My only income that isn't business related to go on overheads is housing benefit and working tax credit.

 

What an absolute mess. I'm stuck. Please can anyone give me some advice? Thank you so much in advance..

[Pinky69]

Can you scan and post the documents? We would really need to look at the credit agreement to see if it is enforceable and also to examine the DN.

[Pinky69]

Cover over all your personal details.

[casperlady]

Ok, I'll try to do that, thanks..

[casperlady]

Um, I've scanned the documents as PDF files, but I can't work out how to obscure my details? I've tried to paste into photo editing software but it just gives a blurry image so nothing can be made out at all.

 

Can anyone advise without this? I don't really see how it can be unenforceable, all of the statements are there. Amazingly I managed to make minimum payments until last october.

 

I know I probably have to pay this now, I just don't know what to do with the court date next week to discuss the track. Please can someone help it's such a mess.

[2Grumpy]

Scan as jpeg / gif

edit in paint

load to photobucket or eqvt

post links here

 

Or cut up some postits, cover the offending bits, scan to pdf & load

[casperlady]

Thank you! I scanned as PDf, so I couldn't edit it. I'll try again when I get home this evening as I'm in work now. Trying to get on and not panic..

[casperlady]

Sorry I really can't do this. I tried to upload as jpeg but it was illegible. So I covered up the info and scanned again as PDF, but now I can't upload PDF files to photobucket.

 

Is there definitely nothing anyone can advise me without seeing a copy of what they have sent?

 

I was happy to admit that I'm stuffed and I have to pay, I just don't know what to do next, turn up at court and say that now they have finally sent what I asked for I know what it is regarding? This is true, I didn't know it was related to this account because the account number is different to that on my card.

[casperlady]

Please anyone. I don't know what to do. I can't even talk to my family about this. I can see lots of people have looked at this thread, even if you've read and think it's an impossible situation even say that!

[Pinky69]

I am not familiar with the English court system as I am a Scot but I have asked site admin to send someone along to help you. It may be tomorrow before you get advice so be patient and try not to worry. No court will make you pay more than you can afford and that is the bottom line.

[casperlady]

Thank you so much Pinky69 - I'm going a little bit nuts here - just feeling pretty alone with it all. I'm wondering if it's worth contacting Cohens to try to make an agreement out of court, but I expect they will want to go to court now anyway and get the CCJ against me?

[IdaInFife]

can you upload you docs to photobucket and the post up here

 

without seeing the cca or defaul notice not much help

 

ida x