Jump to content



Help just lost in court to CL Finance/Howard Cohen


Please note that this topic has not had any new posts for the last 3482 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

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?

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

Top Posters In This Topic

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 ???

Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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:

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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 by hammyhound
Link to post
Share on other sites
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.

Link to post
Share on other sites
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.

Link to post
Share on other sites

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

Link to post
Share on other sites
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.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...