Help just lost in court to CL Finance/Howard Cohen

[sleepy jean 1]

Hi I have just recieved papers from the courts where CL finance has tried to get a court order for me to pay for a loan. The courts have said they have not prepared the paper work correctly and referred to The Tomlin case, does anyone know what this is ????. I have already sent CL finance a CCA request with a postal order and a formal notice of account being in dispute and a request for information in October last year. They have answered in Oct 2010 with a letter saying they currently do not hold a copy of the required document on site and are in the process of retrieving a copy for me They also state in the letter that while my request remains outstanding (which it still does) enforcement action will not be taken against me. Am I just stupid or is this court letter I have just received a breach of that ???? until I received this new court letter last week. Any ideas what I should do next ????Any help would be appreciated. ???? I am in court on Friday any ideas on what I should say Thanks

[rebel11 2,997]

Hi sleep

 

http://en.wikipedia.org/wiki/Tomlin_order

[sleepy jean 1]

Thanks rebel11 but that does not sound good for me, will they just make me pay ???

[sleepy jean 1]

Hi rebell,

Is there a better forum I could post this on???? Do you know if C.L. Finance are in the wrong for taking me to court while my CCA request is still outstanding and the fact I have sent a formal account in dispute letter??? Any help would be great as I have court this Friday. Many Thanks

[silverfox1961 4,625]

Hi, got your PM

 

can you post up the particulars of claim putting XXX in place of the figures.

 

This is the best forum for your particular problem

[sleepy jean 1]

Thanks silver Fox, Right where to start, Back in 2004/2005 My ex husband and I took out a JOINT loan with G.E money .Later we started divorce proceedings and we moved our seperate ways it got pushed aside. Since then it had been passed to C.L.Finance who have been harrassing me at work by phone and with letters to my home.I offered them at the time half of the money as it was a joint loan. They told me they could not find my ex so I was fully liable for the loan and they wanted the full amount from me. I started to pay off the loan but being on my own it became difficult. I got another letter saying it had been to court and I was to pay in installments by direct debit. As I had never had the chance to defend myself in court I did ignore their letter, until I was bombarded by phonecalls at work and my boss even told them that it was not right of them to keep calling the work place. I did give in again and pay some more off but it started to play on my mind that I had not had the chance to defend my self in court, so I joined this GREAT site and saw that lots of people had had issues with CL finance and Howard Cohen solicitors. I sent CL a CCA request in October last year and heard nothing, I then sent them a Formal Notice of account in dipute and a Formal request for information CPR part 31.16. I eventually received a letter from them saying they did not hold a copy of the required document on site but were in the process of retrieving a copy for me and they confirmed that while my request was outstanding enforcement action would not be taken against me. I have heard nothing since October last year until Late April 2011with a letter from the courts about my telephone hearing Tomorrow. The court papers that they have sent me from before do not have any signatures on and seem to have been tampered with. I do not know how to put them on here , but any advice would be most greatly appreciated. Many Thanks MS CONFUSED

Edited May 12, 2011 by sleepy jean
rambling and forgot to put words in

[silverfox1961 4,625]

Thanks for the bit of background information

 

What I really meant was, could you type out the particulars of claim on the form the court has sent you.

 

I am also confused. You say it has already been to court so why have they sent you more court forms.

 

Depending on your response, I may change the title for you (a little)

[sleepy jean 1]

OOOPs sorry silver fox about my rambling apparently they took me to court back in June 2010 to get an order for me to pay. If you let me know how to put the paper work up I shall endeavour to as they look dodgy and there are no signatures on the bottom. The new papers I have been sent is an application for a judgement to be entered against me in accordance with CPR 12.5 as I failed to maintain any payment in accordance with the sealed consent order. The court has then sent Howard Cohens a letter saying application refused as they need to make a proper application in relation to a Tomlin order?? I am guessing the judge is not happy with the dodgy looking judgement order from back in June 2010. Can I just scan the documents and attach them on here ????

[silverfox1961 4,625]

You can scan them and use a site like Photobucket to upload them or scan then convert to pdf file and upload the file using the advanced option in the reply box.

 

Whatever you do, make sure that ALL identifying details are obscured. That includes bar codes, name. address, any other codes

[sleepy jean 1]

Hope this works ???

IMG.pdf

[sleepy jean 1]

[sleepy jean 1]

????

IMG_0003.pdf

[sleepy jean 1]

And more ?

[Chipmeister 140]

Sleepy Jean, just to let you know that your full name appears on some of the documentation you have posted up - you may wish to remove this.

All the best,CM

[sleepy jean 1]

Oh B****r If I had brains I think I could be dangerous, many thanks:???:

[Chipmeister 140]

No worries, it's easily done!

[silverfox1961 4,625]

I have unapproved the two full size attachments for you to repost once you have cleaned them up a little.

 

The two jpegs are too small to see properly so I have left them

[sleepy jean 1]

Try again thanks silver fox

IMG.pdf

[sleepy jean 1]

And fingers crossed

IMG_0002.pdf

IMG_0001.pdf

[Chipmeister 140]

Almost there Sleepy Jean, your 2nd PDF document in psot 19 still shows your name.

 

CM

[sleepy jean 1]

Thanks chipmiester, Sleepy by name sleepy by nature I guess. God Im gonna get ripped apart today.

I have faxed the courts the letters I have written to and received from Howard Cohens in hope that the judge may actually let me:| defend myself in this matter and not just let CL Finance get there court order.

[sleepy jean 1]

HELP ME PLEASE !!!!!! I have filled out a N244 form already incase it goes against me I have put in my reasoning as I never received the original claim forms as I had moved. I beleive that I have a defence to the claimants case and have never been given the opportunity to defend it.

Information to support my application. I have put I beleive there are major discrepancies in there case and that any agreements they may hold on me have been improperly executed. WHAT DOES ANYONE THINK PLEASE HELP COURT AT 2PM TODAY

[sleepy jean 1]

Guess thats it im like a lamb to the slaughter

[Chipmeister 140]

Sleepy, I have clicked the triangle on your thread to see if someone can help you out.My own thoughts on the thread from what you have posted - if the court has ruled out HC's application, is there actually a hearing taking place today? It may be an idea to call the court just to confirm this. Please note - this is just the idea I have from the postings you have made - I may be incorrect but I think a phone call to the court may be worth while. JMHO!

[sleepy jean 1]

Hi CM yes they did refuse application for judgement based on the paperwork howard cohen sent in but I still have a telephone hearing today and was wondering if I should fax over a N244 now or wait and see what the judge says. Thank you so much for your reply feeling all alone at the mo