Help just lost in court to CL Finance/Howard Cohen

[Chipmeister]

Oh dear, I wish I could help you further but I'm afraid I'm not a great expert.From the documents you have posted it looks to me like a Tomlin Order was in place which would have dicatated your monthly payments. From the application HC are making, they appear to be suggesting that you have not kept up with the payments under the Tomlin Order, which I think is why you are having the hearing today. Is that correct?

[sleepy jean]

Hi CM yes that is correct but I did not actually receive any court papers and if you see on the order there are no signatures, they managed to get a payment from me over the phone through constant hasseling. Have I done wrong by paying them some money ???

[Chipmeister]

I think that generally orders from the Court itself aren't signed, however, the Tomlin Order (or consent order) should have been signed by both yourself and the claimaint or the claimant's representative. A fully signed copy of the order should then have been sent to you by the court. we need to see a copy of the actual Tomlin Order you signed please.

[sleepy jean]

I dont have one CM and they have only sent me what I have posted on here Thanks

[Chipmeister]

I can't quite understand how the court are referring to a Tomlin Order when you haven't signed anything?? Even if the documentation was sent to an old address the Tomlin Order couldn't have been approved without your signing it!How did your telephone hearing go? What was raised by the claimant?

[sleepy jean]

Well CM what is the point ??? I sent a CCA req, a formal request pursuant to s.77 of the consumer credit act and a formal notice of account in dispute and still CL finance and Howard Cohen have WON. Now I just feel like I have been treated so unfairly and Im gutted. Thanks for looking into things for me:evil:

[sleepy jean]

Can I nail them for not replying to any of my requests ????

[sleepy jean]

Just lost my battle with CL Finance/Howard Cohen stitched up to pay joint loan by myself.

I have sent numerous request for CCA and formal req for information pursuant to s.77 and also a formal notice of account in dispute. They have sent me a letter saying they do not have it but still WON in court today. I dont get it PLEASE HELP

[Chipmeister]

I would have thought somebody could be nailed for stating that you signed a Tomlin Order when you didn't. Alas, I am not the person who can assist in appeals and so on, but I have flagged your thread so hopefully someone with the necessary experience will come and have a look shortly.

[sleepy jean]

Thanks CM I am fuming it seems that only criminals are protected by the law

[hammyhound]

Sorry, only just seen your thread, what happened today

[hammyhound]

Just spotted your other thread, can the site team merge the two threads.

 

Thanks

[hammyhound]

Sleepy, can you go through why you lost, I am intrigued. You say in your previous thread that CL Finance made an application to the court as you had failed to maintain payments on a tomlin order. Did they produce that tomlin order in court. As far as you were aware you did not sign any tomlin order. This is really confusing me. What has the judge ordered you to do now.

 

HH

[IdaInFife]

threads merged

[sleepy jean]

Hi HH, I am just as confused, they said there was a signed Tomlin order with the court I did not know as I was not sent any of the paperwork before court except the letters I have put on here. The only thing I can remember signing is a direct debit mandate with them. The judge said they had paperwork there saying I had admitted to an amount of money owing, but what I have just been ordered to pay is double that and more. I requested release of any info they hold on me in Oct last year and have only recieved there letter saying they did not hold the paperwork I was asking for on site but they were in the process of retrieving a copy for me. They confimed in that letter that while my request was outstanding enforcement action would not be taken against me. HUH Then all I have recieved is my court date yesterday and on that I have lost. I was not able to defend what they were saying about me as I did not have the paperwork that the judge and Howard Cohens were referring too.???? HELP

[hammyhound]

By the looks of your thread you already have a judgment against you for payment by instalments. Is this correct. I cant see why the claimants would need a tomlin order if they have judgment. You need to get a copy of that from the court office.

 

You say you did not receive the original court papers as you had moved but you did receive the judgment ordering you to pay by instalments. Did you speak to the court about this.

 

Can anyone else help here I am totally confused.

 

From what I can gather, original court papers never received because OP had moved but does receive judgment to pay by instalments. OP ignores this and keeps pressing for original paperwork which in my opinion was too late as judgment already received.

 

Nothing happens for a couple of months and then obviously Howard Cohen apply for what ? I dont know really know as they already have judgment. OP has a telephone hearing in which the judge orders the OP to pay by instalments why - there is already an instalment order in place.

 

I think that is the gist of it.

 

OP can I ask why did you not query the original judgment if you have not received the original court papers.

 

Sorry to ask questions but I find this totally confusing

 

HH

 

HH

Edited May 14, 2011 by hammyhound

[Ganymede]

Try again thanks silver fox

 

 

Was there nothing attached to the back of this?

 

This looks like the Court order sealing the Tomlin Order/Consent Order.

[sleepy jean]

Hi HH I will put them up now I only got them 2 weeks ago as I have moved address.

[Ganymede]

By the looks of your thread you already have a judgment against you for payment by instalments. Is this correct. I cant see why the claimants would need a tomlin order if they have judgment. You need to get a copy of that from the court office.

 

You say you did not receive the original court papers as you had moved but you did receive the judgment ordering you to pay by instalments. Did you speak to the court about this.

 

Can anyone else help here I am totally confused.

 

From what I can gather, original court papers never received because OP had moved but does receive judgment to pay by instalments. OP ignores this and keeps pressing for original paperwork which in my opinion was too late as judgment already received.

 

Nothing happens for a couple of months and then obviously Howard Cohen apply for what ? I dont know really know as they already have judgment. OP has a telephone hearing in which the judge orders the OP to pay by instalments why - there is already an instalment order in place.

 

I think that is the gist of it.

 

OP can I ask why did you not query the original judgment if you have not received the original court papers.

 

Sorry to ask questions but I find this totally confusing

 

HH

 

HH

 

 

We need to see the Tomlin Order/Consent Order as I imagine that it says that the claim be stayed etc and no judgment entered whilst the OP is paying £XX.XX.

 

Once the OP breached Tomlin Order/Consent Order the Claimant had to apply to lift the stay and enter judgment.

 

The Court have lifted the stay and entered judgment so the OP now has a CCJ for £XX.XX per month.

 

If the OP now defaults on the CCJ the Claimant can enforce, whereas they couldn't before as there was no CCJ to enforce.

[hammyhound]

Thanks Gannymede. I was totally confused. I thought the OP said they had received an order to pay so much a month but ignored it. I didn't realise it was the tomlin order I thought it was judgment.

 

Op get to the court office and get a copy of the Tomlin Order and post on here.

 

This is crucial.

 

HH

[sleepy jean]

one more

IMG_0001.pdf

IMG_0004.pdf

IMG.pdf

IMG_0005.pdf

IMG_0003.pdf

[Ganymede]

one more

 

 

These are much use without the Tomlin Order/Consent Order I'm afraid.

[sleepy jean]

This was all I received before yesterdays hearing Many Thanks for taking a look for me

IMG_0002.pdf

[Ganymede]

This was all I received before yesterdays hearing Many Thanks for taking a look for me

 

 

No wonder the DJ knock back the Claimant's application, that is not the correct way to lift the stay and enter judgment.

[sleepy jean]

ok will ask court for Tomlin order, in the meantime is there anything I can do about CL not complying with any of my requests ????