Jump to content



  • Tweets

  • Posts

    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Help just lost in court to CL Finance/Howard Cohen


Please note that this topic has not had any new posts for the last 3511 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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 :-x Thanks

Link to post
Share on other sites
  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

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

Link to post
Share on other sites

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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

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 by sleepy jean
rambling and forgot to put words in
Link to post
Share on other sites

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)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

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 ????

Link to post
Share on other sites

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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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!

Link to post
Share on other sites

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

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...