Cohen Question - advice, please?

[HardYards]

Hi, everyone, hope you are well.

 

A couple of years ago Cohen & Solicitors sent fake court papers to my OH claiming they had a CCJ against him (they didn't), on an old Kwikfit card. This was the very first he heard from Cohen. No attempts to negotiate, no introduction, just "we have a CCJ against you". Of course he immediately started paying them.

 

Knowing the CCJ was fake we recently CCA'd them and have had this response:

 

Re CL Finance Ltd v. Yourself

Northampton CCBC County Claim No. XXX

 

We refer to your letter dated xxx/2011.

 

Please be advised that requests for copy credit agreements (sic) made under Section 78 of The Consumer Credit Act 1974 only apply to running credit accounts, however, your Clients account is not a running credit account as it is subject to a County Court Judgment Order.

 

Not sure how to proceed, this is a new one to me!

 

OH just wants HC to prove that they are entitled to collect and to get the correct amount. They have been demanding approx. £600 (there was a £500 limit on the card). Had we known any better at the time we would have challenged Cohen from the get-go.

 

Many thanks in advance for any advice.

 

H.xx

[dx100uk]

if its fake why the hell are you paying anyhthing?

 

what does her cra say

 

dx

[PGH7447]

please let it be fake

[Revenant]

if its fake why the hell are you paying anyhthing?

 

what does her cra say

 

dx

 

 

Mislead/deceived/scared springs to mind

 

Forget trying to find out the correct amount and if Cohens are entitled to collect if what you say is correct concentrate on getting the CCJ confirmed by checking on trustonline.org.uk because if your OH has been making payments based on fake paperwork you have to stop paying and get down to ripping them to shreds

 

You could of course stop paying and invite Cohens to take you to Court

 

Good luck

 

R

Edited August 2, 2011 by Revenant
Proper link added

[HardYards]

Thank you all for replies.

 

if its fake why the hell are you paying anyhthing?

 

OH originally got advice from an overworked CAB advisor who twigged original papers were fake, including a cut-and-paste court seal! but advised him to make payments anyway. He was paying a few dcas who weren't entitled to collect, all stopped now.

 

Thanks also for link and for pep talk. Will check out online & post update. Would love to see them take us to court but OH's health not up to it...

 

Look forward to shred-ripping!!!! as this dca has been a right barsteward throughout.

 

Cheers again for your time.

Edited August 2, 2011 by Hwyl56

[HardYards]

I've just looked at the trustline thing - can I ask one more question?

 

We've had two addresses since dealing with HC & Solicitors, do I put in the old address we had the original 'CCJ' at? or the address we're at now?

 

Cheers again, not done this before.

 

H.x

[Happyhippy1959]

Rip them to shreds I hate Cohen they tried to fob me off saying that as I arranged the funeral of my late father I had to pay his outstanding CC,,, they got a short shift from the Hippy,,, debts died with him has he only had a small insurance to bury him.... they then said he owned his own property,, fools it was the Nursing Home he was in for the last two months of his life... Until Brain tumour got him.... Council estate man all his life,,,

 

f~ools go get em and hit em hard... Police job me thinks if it is fraud.

[Happyhippy1959]

Old address, but just to be sure I would put both in.

[HardYards]

Thanks, Happy. Disgusting the way your dad was treated by these jackals.

 

Problem is Trustonline want 8 quid per address, can't afford that! so will try old address where first lot of dogy paperwork came.

 

Or maybe one of those free trial credit reports is the way to go.

 

Really appreciate peoples' time! cheers, all

 

H.xx

[dx100uk]

phone the court on the paperwork?

 

dx

[BRIGADIER2JCS]

Agreed you must get an definite answer from HMCS on

the validity of the court papers, I'm seeing claim packs coming

out of local courts that are badly photocopied , often faded and

apart from the fact that HMCS address is franked on the envelope

you would think they are fakes.

[Happyhippy1959]

they must be feeling the cuts as well then Brig,,,, at my local hospital now we can't even order paper clips or pens have to bring our own.. outrageous me thinks.. Yet PCT guy's down the hall can order anything to the cows come home...

[HardYards]

phone the court on the paperwork?

 

dx

 

Thank you, Dx, I didn't realise you could do that...

 

I'm so thick:oops: I completely missed wonderful subtlety of Revenant's suggestion we let Cohen Brothers take OH to court...!

 

Btw OH reminded me of when we went to CAB in 2007 and showed Cohen's pseudo-CCJ paperwork to our caseworker who was agog, said he'd never seen anything like it before (my memory's shot due to stress over last couple years). Caseworker actually rang Cohen & set up token payments.

 

CAB dealt with everything at the time, it's only once we found the CAG website that we were able to start dealing with (and challenging) dcas ourselves.

 

Cheers again for suggestions/advice. Will let you guys know how the cards unfold.

 

H.xx

Edited August 3, 2011 by Hwyl56

[BRIGADIER2JCS]

they must be feeling the cuts as well then Brig,,,, at my local hospital now we can't even order paper clips or pens have to bring our own.. outrageous me thinks.. Yet PCT guy's down the hall can order anything to the cows come home...

 

PCT's are the biggest waste of space in the NHS, see all do bu**er all

and get paid fortune to cock everything up:madgrin:

[HardYards]

Just to update for anyone else who might have gone through this:

 

Finally managed to get a copy of OH's Credit File: the Cohen 'CCJ' was DEFO fake, with a fake seal, on fake court papers!

 

A word of advice to anyone if they get anything like this: DON'T THROW IT AWAY like we did!!!! Otherwise would be making formal complaint about Cohen's dodgy practices but we no longer have hard proof.

 

Thanks again for everyone's help on this. Final update is it's been sold on to Lowell who are a lot more fun to play with since we discovered CAG

Take care of yourselves

H.xx

[BRIGADIER2JCS]

Hi Well Done!!!

Have you reported this ''fake'' to

HHMCS,THE Solicitors Regulation Authority

and the OFT as they cover solicitors with

a''Bulk'' licence.

perhaps also the police forging court papers

is a big no no.

[dx100uk]

how do you know its fake?

 

dx

[dx100uk]

now you know i'd be demanding ALL your payments back with interest!!!

 

dx

[Happyhippy1959]

Try asking CAB, they should have taken a copy of it. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Then hit em with Shock and awe

[HardYards]

how do you know its fake?

 

dx

 

I remember seeing the paperwork with what looked like a court seal and CCJ in big letters - our CAB advisor said he'd never seen anything like it - but no mention of judgement on credit report, just that it was defaulted in 2007. (I no longer have this paperwork so no proof to send if I did make a formal complaint.) When we challenged and put it into dispute Cohen folded their tents and silently stealt away. Not the behaviour of a creditor with an authentic CCJ, methinks.

 

Forgive me being a dolt, but how do you demand payments back when it's been sold on to another DCA? All payments made to Cohen werre token so we haven't lost that much & being in poor health I'm not sure it's worth pursuing for a few quid.

 

I would make a complaint if I could do it without the original Cohen paperwork.

 

Cheers for your help. If anything I'd like to advise others in the same boat not to be intimidated and not to be afraid of looking at your credit report - I wish we'd got it sooner.

 

Hope you all have an excelllent week.

[BRIGADIER2JCS]

Check trustonline for the CCJ £4 I think to check the details.

[HardYards]

Thank you, Brig & Happy

 

I note there is info on reclaiming in dx's thread which I can look at when I'm feeling better but as I'm not well enough at mo, I'll think of the 20 quid or so we spent as convenience tax to get rid of Coward and get on with CCAing the lovely folks at Lowest Portfolio.....

 

Have a good un, y'all xxx