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

[gezwee]

Site team......... is there any possibility of adding SJ to the thread heading - just a thought but in this case it seems to have been a bl**dy sneaky ploy by the claimant and we could do with this appearing as much as poss in the search function.

 

Its in my notepad now for reference but I'm sure that many will get caught out if they don't know what to look out for or understand the terminology.

 

Thanks

 

Gez

[supasnooper]

Please do make sure that you do keep up to date with the payments to CL whilst the case is ongoing as you don't wish to give them any cause to apply for a Charging Order

Edited November 1, 2009 by supasnooper
corrections.

[Gallahad]

subbing

[casperlady]

Hi all, sorry I haven't been around, I've been working hard for my failing business, rather soul destroying. And trying to get a job interview. That's quite a mission.

 

Please do make sure that you do keep up to date with the payments to CL whilst the case is ongoing as you don't wish to give them any cause to apply for a Charging Order

 

I don't have anything for them to apply for a charging order on. So if I don't hear anything shall I just send £30 a month directly to CL finance? I'm not sure I even have an address for them! Sure I can find one somewhere though.

 

I had a message to say that the thead title had been changed to add SJ into it - but I didn't know I was going to get an SJ until I was in court and I got one. That's not what the notice of hearing said.

 

Thank you very much for the advice about offering lower monthly payments, but it's too late now as I have already sent the form off, so I can't really change it can I?

[gezwee]

Hi cl

 

I think supa misread the thread hence the odd posting.... it happens from time to time as the site team do look in on hundreds of new posts every week - to err is human as they say.

 

SJ has been slipped into the thread title so it shows up in search function more often if any others are having the same probs.

 

Not sure on resubmitting N245, its a possibility (and another fee) - the local court manager may be able to advise on this if you call them to advise you have made a glaring error on your submission. Can't be certain but your original filing may not have been passed in front of DJ yet so its possible you can recall from file and amend before it is processed.

 

Definitely worth asking the question

 

Gez

[middenmess]

Just tell them that is was a typo error and that you meant to put £3.00.

 

Tell them that there is no way that you could afford or maintain a £30 payment.

 

Worth a try!

[casperlady]

Thanks both.. and thank you for sticking with me over this!

 

I think I might have to give the court a call actually. I've been doing some sums today and realised that we aren't eligible for tax credits anymore, so that will reduce our monthly income by £100!!! So I really can't afford the £30 per month, I don't have it!

 

On the plus side, I've got a job interview on Friday.. fingers crossed..!

[Deb T]

Only pay what you realistically can afford, over stretching yourself will only lead to problems further down the line.

[middenmess]

Hi Casperlady--any news?

[casperlady]

Hi all, sorry middenmess I seemed to miss the notification that you had posted to the thread or I would have replied sooner!

 

I received a letter back from the court dated 3rd November returning my postal order for £30 to CL Finance saying that I need to pay it directly to the claimant and that they have 'received my application which will be issued by the court'.

 

I have sent the postal order made payable to CL finance to Cohens and asked them for monthly payment slips or direct debit details as I don't have a personal cheque book.

 

Today I received a letter from Cohens which seems to be the standard 'as you are aware Judgement has been entered against you' letter. Requesting the full £6k + by 24th November. This letter was dated 11th November so maybe they haven't seen my N245 yet? Anyway, I have sent them the £30 and that's all they will get until their next £30 next month.

 

In other news I have been very busy closing my business down and started my christmas temp job today. But it will take lots of hours at £6 per hour to pay Cohens their £6k. Don't think I'll manage that by the 24th somehow!

[casperlady]

Good News!! Letter from the court today..

 

"Order Suspending Warrent/Judgement

 

On the defendants application and the court satisfied that the defendant is unable to pay and discharge the sum payable by him in this action.

 

It is ordered that the judgement or order be suspended for so long as the defendant do pay the claimant the outstanding sum by instalments of £30 every month etc etc.."

 

I'm so relieved. Thank you so much Caggers, I know it's not the ideal outcome, and I have closed my business anyway, but I'm not bankrupt and can pay in instalments. I couldn't have done this without you.

[Gallahad]

Way to go CL onwards and upwards from here for you

[middenmess]

That's a weight off your shoulders!

 

As Gallahad says its onwards and upwards from now on:)

[AndyOrch]

Excellent news Casper

 

Now you can concentrate on lifes priorities.

 

 

Regards

 

Andy

[gezwee]

Nice 1 CL, very pleased for you

[ScabHunter]

Just one question which no-one seems to have asked yet - If you have no assets and a business which is producing no income could you not qualify for a Debt Relief Order?

 

I noticed a post earlier where you said you came home to three letters from DCAs. If there are more problems than just this one, which is bad enough by itself, it might be something to think about.

 

SH

[Deb T]

Great news re the suspension...Just one word of caution, dont give Cohen an inch, set up a standing order to pay them the £30 each and every month and make sure the funds are available to pay them on the dot. Cohen's are going to be smarting from the blow you've just landed them and will always look for an excuse to haul your ass back to court etc etc.

 

Don't give them the satisfaction etc...but excellent news Casperlady, breathe in, breathe out...no more worry from them....feels good doesn't it?

[Deb T]

DRO's are restricitve in as much as your total debt must be less than 15k, assets less than £300 and a disposable income of £50 or less after all household expenses are taken out. Anyone owing a property is not able to aply for a dro either. I wish my debts were just 15k, I'd be skipping.

 

Just one question which no-one seems to have asked yet - If you have no assets and a business which is producing no income could you not qualify for a Debt Relief Order?

 

I noticed a post earlier where you said you came home to three letters from DCAs. If there are more problems than just this one, which is bad enough by itself, it might be something to think about.

 

SH

[GhostDebt]

Well done casperlady.

Best wishes and good luck with any other matters that arise.

Regards

[Pinky69]

Yoo Hoo Hoo - CAGGERS and Casperlady - what a team!

[diddydicky]

well done

 

pay it for 12 months then plead pverty and ask the court to reduce the payments to 15 quid

[diddydicky]

Great news re the suspension...Just one word of caution, dont give Cohen an inch, set up a standing order to pay them the £30 each and every month and make sure the funds are available to pay them on the dot. Cohen's are going to be smarting from the blow you've just landed them and will always look for an excuse to haul your ass back to court etc etc.

 

Don't give them the satisfaction etc...but excellent news Casperlady, breathe in, breathe out...no more worry from them....feels good doesn't it?

 

further to that, set the standing order (never direct debit) to pay the sum around 4-5 days prior to the due date to allow for bank holidays or unforseen hold ups in the system

[ScabHunter]

DRO's are restricitve in as much as your total debt must be less than 15k, assets less than £300 and a disposable income of £50 or less after all household expenses are taken out. Anyone owing a property is not able to aply for a dro either. I wish my debts were just 15k, I'd be skipping.

 

I can read!

 

Judging by what has been said on this thread so far the OP clearly has "disposable" income of less than £50, and it sounds very much as though asset levels will be below £300. It has already been established that there is no property involved. The only question is the size of the alleged debts.

 

If they amount to over £15,000 then quite frankly you have no sensible option but to go bankrupt. If you don't, it is absolutely guaranteed that you will live below the poverty line until you are dead.

 

Some degree of realism is needed here. £30 a month? How long are you going to be able to keep paying that? What happens when you have other sudden expenses? What happens when vital electrical equipment breaks down, as it doubtless will in the time before you are able to pay these leeches £6,000? What happens when the other alleged debtors start demanding their pound of flesh? What happens when the utility bills which are constantly rising reach a level where you can't even meet your basic essentials without having to sell the items you no longer have?

 

It is all very well saying "make sure you pay £30 on the dot every month." That just isn't living in reality.

 

If there really is no way to get this disgraceful judgment set aside or to appeal against it, you will need to think very seriously about this.

 

SH

[AndyOrch]

"If there really is no way to get this disgraceful judgment set aside or to appeal against it, you will need to think very seriously about this".

Quote Scabhunter

 

 

SH if you go back through the thread I presented all the options available to CL in dealing with this Judgment,which yes I agree is disgraceful.

But when a judgment is made forthwith time is of the essence to submit a redetermination.

CL set the amount that she thought the Court would accept and also the amount that she felt comfortable to pay.

There are numerous ways to skin a rabbit, move the goal posts once the N245 as been successful and yes I'm sure Casper will be aware of the options that are open further down the line.

At the time though with panic set in, the set a side was not an option that she wished to pursue and therefore opted for my suggestion to null the forthwith.

We are all aware that life can throw surprises and spanners in the works but at the moment the problem as been dealt with and sustained.

 

Regards

 

Andy;)

Edited November 20, 2009 by Andyorch

[Deb T]

, and it sounds very much as though asset levels will be below £300. It has already been established that there is no property involved. The only question is the size of the alleged debts.

 

If they amount to over £15,000 then quite frankly you have no sensible option but to go bankrupt. If you don't, it is absolutely guaranteed that you will live below the poverty line until you are dead.

 

SH

 

I doubt anyone is so naive to realise that prior to judgement Casperlady was/had been stitched up re judges comments/process/faulty paperwok but Andy's post above pretty much says it all.

 

Casperlady sought help in a desperate situation, I doubt she could afford (going by her previous posts) for legal representation to question some of the previous errors on her case and I seriously doubt you'll get a lawyer to take it on now that a judgement has been made, it's about reality, Casperlady stemmed the flow, once the dust settles she will of course (or at least should) go back for a lesser payment and at the same time explore the possibilities re faulty defauly notices, incorrect CA's but for now she has nothing much to worry about other than a £30 payment, I think she got as good a result as possible.

 

Asd for her other debts, you might be able to read (I'm impressed) but that isn't the point of my comments, it's to put up the basics of a DRO . inform those reading that may have seen the DRO comment and thought 'oh yes, thats the way' and gained a false hope, it's about informing/educating people, gawd knows this forum has educated me.

 

In reality DROs are only for those people on terribly low income, nothing to their name and I mean nothing and less than 15k in debt which these days and judging by the heaving amounts of members is a pretty tall order...

 

It's the bigger picture and a sense of reality that needs to be seen here, not one decrying the system which obviously cannot be changed overnight.

 

It's lamentable how Casprlady has been treated and one would hope she proceeds to try and take issue with the gaping errors on her case, but for now the £30 whilst not a pretty figure is much better than what else was on offer. I'm happy for her, why can't you be?