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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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Howard Cohen Complaint to SRA


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I have recently complained to the SRA regarding the Professional Conduct of Howard Cohen & Co.

 

CL Finance purchase an outstanding debt and Cohen's act on their behalf. As soon as (and sometimes before) the debt is purchased Cohen's makes a claim through Northampton Bulk County Court, without even seeing the papers. This immediately puts pressure on the debtor to pay up by having the fear of a CCJ.

If the debtor defends, and asks for production of the relevant legal and enforceable documents upon which the claim has been made, Cohen's refuses stating they are not obliged to produce them. Defendant has then to make an embarrassed defence and wait for AQ. During this time Cohens/CL Finance make a couple of offers of trying to get the defendant to pay at least half of the alleged outstanding amount.

AQ is completed by defendant, and draft order for Judge to tell Cohens/CL Finance to produce relevant documents so that defendant can submit proper defence.

At this point Cohen's invariably send defendant a letter stating that they are approaching the original creditor to obtain the relevant documents. Upon sight of the relevant documents Cohen's realise that they do not have any documents which they can use to proceed with claim, so they either discontinue or fail to turn up at the hearing.

 

My complaint to the SRA is that Cohen's are misusing the Courts system by commencing proceedings without first having proper legal documentation to see the claim through, this amounts to vexatious litigation and abuse of the legal system.

 

Whilst I have sufficient documentary evidence from my own experience with Cohen's, the SRA will require to see more occasions where this has occurred before they will take action.

 

If anyone is prepared to join me in this complaint please contact me and I'll forward details of the Officer dealing wih the complaint to you so that you can forward your documentary evidence through to them.

 

We have an opportunity here to bring Cohen's to task please help me.

Edited by Mightyacorn
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Problem is your complaining about them, to them!

Solicitors Regulation Authority, am i right?

 

No, complaining about Howard Cohen to SRA as explained in the very first paragraph:-

 

"I have recently complained to the SRA regarding the Professional Conduct of Howard Cohen & Co."

 

My complaint to the LSO re SRA's handling of another complaint re Howard Cohen is here:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192657-howard-cohen-oh-dear-7.html#post2787014

Edited by Mightyacorn
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Yes great, complain to everyone, i couldn't agree more, but the SRA are the solicitors!.....are they going to castigate their members?, i leave it to you to judge

 

I understand what you're saying CCM, that's why, on my other complaint about the SRA to the LSO, I made reference to the ridiculous situation where not only do Solicitors 'investigate' other Solicitors, but they even give the investigation to neighbouring Solicitors in the same town.

 

The thing is here that someone has to start the ball rolling, and there are stages to be gone through, and I am doing just that.

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Thanks VJ, the crucial thing here is "when the case is strong enough", I have found when dealing with SRA, that if you make just one complaint about a Solicitor, they are quite likely to write it off as a 'one off clerical mistake' etc., if, however, you have sufficient complaints regarding the same Solicitor, then it will prove systemic breach of Solicitor's Discipline or whatever, and they are obliged to take action.

 

The other point is, of course, that if you don't use the system how an you prove to anyone it's faulty.

 

 

With regards to reporting it to the Courts, has anyone any idea who is the best person/office to write to and where exactly does it mention abuse of Court Procedure.

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Section 42 of the Supreme Court Act 1981

Restriction of vexatious legal proceedings

 

42.––(l) If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground––

 

(a) instituted vexatious civil proceedings, whether in the High Court or any inferior court, and whether against the same person or against different persons; or

 

(b) made vexatious applications in any civil proceedings, whether in the High Court or any inferior court, and whether instituted by him or another; or

 

© instituted vexatious prosecutions (whether against the same person or different persons),

the court may, after hearing that person or giving him an opportunity of being heard, make a civil proceedings order, a criminal proceedings order or an all proceedings order.

 

(1A) In this section––

 

"civil proceedings order" means an order that––

 

(a) no civil proceedings shall without the leave of the High Court be instituted in any court by the person against whom the order is made;

 

(b) any civil proceedings instituted by him in any court before the making of the order shall not be continued by him without the leave of the High Court; and

 

© no application (other than one for leave under this section) shall be made by him, in any civil proceedings instituted in any court by any person, without the leave of the High Court;

"criminal proceedings order" means an order that––

 

(a) no information shall be laid before a justice of the peace by the person against whom the order is made without the leave of the High Court; and

 

(b) no application for leave to prefer a bill of indictment shall be made by him without the leave of the High Court; and

"all proceedings order" means an order which has the combined effect of the two other orders.

 

(2) An order under subsection (1) may provide that it is to cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely.

 

(3) Leave for the institution or continuance of, or for the making of an application in, any civil proceedings by a person who is the subject of an order for the time being in force under subsection

 

(1) shall not be given unless the High Court is satisfied that the proceedings or application are not an abuse of the process of the court in question and that there are reasonable grounds for the proceedings or application.

 

(3A) Leave for the laying of an information or for an application for leave to prefer a bill of indictment by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the institution of the prosecution is not an abuse of the criminal process and that there are reasonable grounds for the institution of the prosecution by the applicant.

 

(4) No appeal shall lie from a decision of the High Court refusing leave for the institution or continuance of, or for the making of an application in legal proceedings by a person who is the subject of an order for the time being in force under subsection (1).

 

(5) A copy of any order made under subsection (1) shall be published in the London Gazette.

Judicature (Northern Ireland) Act 1978

 

 

Anyone any comment please?

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Ha ha, Attorney General's Office:-

 

http://www.attorneygeneral.gov.uk/AboutUs/Pages/VexatiousLitigants.aspx

 

How is the Attorney informed about potential vexatious litigants?

 

Members of the public write to the AGO and to the Treasury Solicitor's Department to ask the Attorney to apply for an order. There is no formal procedure for such complaints. The Treasury Solicitor's Department then undertakes an investigation into the conduct of the individual concerned on behalf of the AGO. If it is thought appropriate, the opinion of Counsel will be obtained before seeking the authorisation of the Law Officers to bring proceedings.

 

Attorney General's Office

20 Victoria Street

London

SW1H 0NF

Edited by Mightyacorn
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Posted this before but I feel this is another avenue to explore

 

PRACTICE DIRECTION – CIVIL RESTRAINT ORDERS - Ministry of Justice

 

Section 3 deals with people who make numerous claims which have no chance of success

 

 

Limited civil restraint orders

 

2.1

 

A limited civil restraint order may be made by a judge of any court where a party has made 2 or more applications which are totally without merit.

 

 

Sounds good, I'm up for one, we only need one more, though if we had a lot more we could go for Section 3. Question is which Court, Northampton CCBC or a local Court?

 

I'm still going to contact and complain to Attorney General though.

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Well quite simply you need to contact the Attorney General's Office... I have done so in a case of mine and I have had no response whatsoever... waste of time in all honesty.

 

Get as many people with similar dodgy cases and compile a comprehensive complaint outlining each complaint, their similarities, their faults etc.

 

Thanks VJ,

I am prepared to do whatever I can to take this to it's limit. I complained to SRA regarding HC once before and they fobbed me off, so I complained to LSO and they are investigating SRA, telling them to reinvestigate HC as well. I will not accept fobbing off, I appreciate CCM's thoughts on the "Who Polices the Police" attitude, but there are stages to go through, and I will go through them no matter how labourious and tedious this may become. HC and their like have been allowed to get away with it for too long.

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The only thing you have to ask yourself is whether their application is "without merit".

 

A wily Judge will simply state that you borrowed the money and the creditor or DCA) is attempting to recover monies owed. That would be "meritous". The fact we are using technicalities to stick one on the noses of these barstewards is besides the point. Just because a case is lost does not mean the original application was without merit.

 

If you can find a way around that argument then you might have some success.

 

if something is "without merit" it is without backing or substantiated support, or without proof. If someone files a lawsuit against another person, and there is no evidence to substantiate the claim, then usually the action is dismissed "without merit".

 

I would suggest that not having the relevant documentation prior to making a claim is "without merit", one would surely need to prove that the case has sufficient grounds to give it a run, regardless of whether the documents existed or not. However opinions are more than welcome.

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But surely the Solicitor should ensure that the 'evidence' is there before making a claim. I think we need some serious advice here. Having said that there is no reason to stop HC being reported to the AG, SRA, etc.

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Oh,they say it comes in 3"s dont they :D first the OFT and now the SRA on the same day

just opened mail, got a letter from the SRA in it , they too have launched an investigation too into my compaint and have appointed a firm of solicitors to investigate(i know solicitors investigating solicitors ) but fingers crossed,

 

Do the OFT and the SFA work hand in hand on any complaints, just seems a very bizzare coincidence that i get confirmation from both of them launching investigations on the same day for the complaint i submitted to both independantly over 7 weeks ago ?

DB

 

 

Wouldn't be Gordons by any chance would it?

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It is, Gordons lpp of bradford,

The letter says if i am unhappy or have any objections on the matter being passed to Gordons i have 5 days to let the sfa know,

 

 

Gordons is the firm they always use, and they are the one's used when I complained to LSO about SRA's handling of my complaint re HC, ask them to change them and see what happens.

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5 days isn't much is it? even a DCA usually gives you 7 to come up with the whole balance! lol

 

bit of a cheek really. how long did it take the SRA to get to this stage? months?

 

I hope that doesn't include delivery days, otherwise you'd have to inform them you didn't want Gordons, before you'd been told you were getting them !!!

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Just had a recorded delivery letter from the OFT,

When i had a conversation with them yesterrday they said they had referred it to the LSO, however the letter i have in front of me says they are referring it to the SRA, and documents for me to sign,?

 

Obviously the SRA are already investigating,:confused: so im a bit dissapointed that the has been a crossing of wires/misunderstanding etc , i was really looking forward to a LSO investigation,

 

 

However i understand if i am unhappy with the decision Gordens come to i can then complain the LSO, is that right?

 

DB

 

Yep, and they even give you three months to do it.

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According to the link below we need at least 6 complaints for the Attorney General to take action. I am up for it, and I'm prepared to write the letter of complaint. Apparently there is no formal approach to this, someone makes a complaint AGO examines and makes a decision. This being the case I will write to AGO complaining about CL Finance Ltd's vexacious litigations and see where we go from there.

 

http://www.tsol.gov.uk/Publications/scheme_publications/internal_guidance/vexatious_litigants_policy.pdf

 

We need to bring Cohen's behaviour to the attention of the Courts, I cannot see any link on any of the Courts' websites to do this, anyone any suggestions please (complaint already filed wìth SRA for what it's worth)

 

Found this address:-

 

Her Majestys Court Service

4th Floor

102 Petty France

London

SWH 9AJ

Telephone: 08454568770

 

 

 

I shall contact them Monday am

Edited by Mightyacorn
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Letter to be sent to SRA, I would appreciate any amendments please

20th March, 2010

Solicitors Regulation Authority

8 Dormer Place

Leamington Spa

Warwickshire

CV32 5AE

 

Your Ref

 

Dear

Thank you for letter requesting further information.

 

I enclose copies of :-

1. Letter from Howard Cohen & Co to my wife dated 6th February, 2009 in which they inform my wife that the debt has now been assigned from GE Capital Bank Limited to CL Finance on 4th February, 2009, and also that a Claim had been made that day to the County Court and that payment will prevent judgment being made.

2. Letter from Howard Cohen & Co dated 16th February, 2009 to my wife requiring payment in full or they shall seek judgment.

3. Letter from Howard Cohen & Co dated 2nd March, 2009 to my wife as a result of a request for information under Civil Procedure Rules 31.14 indicating that they were not obliged to provide information.

4. Letter from Howard Cohen & Co dated 27th March, 2009 to my wife stating that Judgment has been entered against her and she must pay £125 per month.

5. Notice of Allocation to the Small Claims Track (Hearing) dated 16th June, 2009, instructing that the hearing take place at xxxxxxxx County Court on 26th August, 2009 and that all documents to be relied on to be served on parties no later than 28th July, 2009.

6. General Form of Judgment or Order dated 28th September, 2009 that at the hearing held at xxxxxxxxxx County Court on 25th August, 2009 the claimant (CL Finance Ltd) having failed to supply documents as required, the claim be struck out.

7. Letter from Howard Cohen & Co dated 24th August, 2009, giving me Notice of Pending Legal Action for outstanding debt of £2170.

8. Claim Form from Northampton (CCBC) issued 14th September, 2009, giving me 28 days to file defence.

9. Letter from Howard Cohen & Co dated 23rd September, 2009 to myself in response to my request for information under CPR, indicating that they would supply the information if I resend my request enclosing £1.

10. Letter from Howard Cohen & Co to myself indicating that they require the sum of £2325 in full, or they will seek Judgment against me. (The fact that they have included Court Costs in this is another issue)

11. Letter from Lewis Debt Recovery dated 3rd November, 2009 offering me an incentive 50% off the outstanding debt of £2325. (This letter sent after I had filed my defence and once again includes Court Costs)

12. Notice that a Defence Has Been Filed from Northampton (CCBC) dated 9th November, 2009 and allocaton case to xxxxxxxxx County Court.

13. Letter from Howard Cohen & Co dated 27th November, 2009 to me indicating that they have requested the documents from the original creditor and will forward on receipt.

14. Notice of Allocation to the Small Claims Track (Hearing) from xxxxxxx County Court dated 21st December, 2009, instructing that the hearing take place on Wednesday, 3rd March, 2010 and that documents be served no later than 3rd February, 2010.

15. Letter from Howard Cohen & Co dated 17th February 2010 to me indicating that due to my defence their client has agreed to discontinue the claim, and that the Notice of Discontinuance has been lodged at Court.

16. Notice of Discontinuance from Howard Cohen & Co dated 17th February, 2010.

 

The Notice of Discontinuance was NOT lodged at Court as indicated by Howard Cohen, I attended Court on 3rd March, 2010 and the Judge was not aware of the Discontinuance until I produced Cohen’s letter. Upon seeing this the Judge accepted the Notice of Discontinuance.

As will be seen from both these cases, Howard Cohen & Co Solicitors, failed to produce the relative documentary evidence to prove their claim at Court, this would therefore indicate that they had no documentary evidence prior to making the Claims to Northampton (CCBC), in fact in letter number 13 they admit that they were requesting the required documents from the original creditor.

This, in my opinion, is a flagrant abuse of the Court system and may well amount to Vexatious Litigation under Section 42 of the Senior Courts Act 1981 , in that they are using the Court process to pressurise the debtor into paying debts on unenforceable and, in some cases, non-existant agreements.

It is not beyond the ordinary layman to expect that when one makes a claim through the Courts that the claimant has the necessary evidence to substantiate the claim.

I have brought to your attention the two claims I have mentioned above, but it is within my knowledge that this abuse of the judicial system is commonplace by Howard Cohen & Co Solicitors.

I therefore ask that you give serious consideration to taking action against Howard Cohen & Co.

 

Yours sincerely,

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We could also contact someone from the media to do a programme on solicitors who prey on vulnerable people at a time of recession - ambulance chasers in another form - would be nice to put them in the spotlight for their bullying behaviour and uncover this area so it becomes public knowledge - the more people are aware the greater the tipping point to a reform in debt.:D

 

Samantha Washington from the moneybox programme was interested and did a broadcast on Cohen's last year.

I've emailed her again at beginning of this month, you could email her as well, in fact we should all email her, the more the merrier:- [email protected]

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I have today written letters of complaint to SRA, Attorney General and Her Majesty's Court Service.

Unfortunately I don't think any of them are going to do much as I am their only complainant at the moment. Could I ask that if you have been involved with CL Finance and Howard Cohen and Co Solicitors that you write to the below authorities with details:-

 

Solicitors Regulation Authority

8 Dormer Place

Leamington Spa

Warwickshire

CV32 5AE

(As I already have a complaint running with the SRA, if you PM me I'll provide you with the reference number and name of the Officer dealing))

 

 

Her Majestys Court Service

4th Floor

102 Petty France

London

SWH 9AJ

 

Attorney General's Office

20 Victoria Street

London

SW1H 0NF

 

 

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

 

 

In most cases they will not take action unless they have at least six complaints, so come on let's get them sorted !!!!

Edited by Mightyacorn
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See what happens when they (SRA, AG, OFT and Courts) receive my complaint, one of them may offer assistance (you never know!!!).

 

 

All I know is that something has got to be done, and if we all just sit back and take no action they just carry on doing it.

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  • 2 weeks later...
I am about to write my complaint letter also. I am willing to join up and make a group complaint.

 

If you read my post you'll see the fun I'm having with CL Finance & Cohens.

 

I received the letter from Cohens stating a Judgement was against me, and to pay (quite funny really) the full amount of the debt every month... or else! Also a few months later a statement from CL Finance arrived with Solicitors fees, Post judgement fees etc which increased the debt by nearly £800. No judgement exists.!

 

 

And this despite they assured the SRA that they would tighten up their procedures..........:roll:

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