Howard cohen & co solicitor - 2x HSBC CCJs - No response, do they exist?!!

[neobass]

Hi guys,

 

HSBC overdraft and HSBC credit card,

I am not getting any response from the DCA.

 

I have sent several letters via recorded service requesting CCA along with valid postal orders - No response.

 

I've done some digging and it appears they have several address's,

without going in circles does anyone know which is the correct address?

 

In some cases I have had letters from CL Finance,

I'm unsure if that has anything to do with a change over

but based on my DMP for the last 5 years I have been paying Howard Cohen & co Solicitors.

 

Any help would be appreciated.

 

For further clarity,

 

HSBC Overdraft

Date, 24/08/2009

Amount, £5,658

 

HSBC Overdraft

Date, 10/08/2009

Amount, £1,367

 

I am wanting closure on the above ASAP, i.e. settlement.

 

However if the debt has been sold I must still complete full payment to be awarded 'Satisfied' status on my credit file

leaving me around 2 years till it comes off my credit report, correct?

 

Thanks for any help,

Neo.

[citizenB]

Howard Cohen are the rotweillers for CL Finance.

 

So it will probably be CL Finance who own the account and you are simply making payments to Howard Cohen.

 

So I would start sending your letters / CCA requests to CL Finance

- go via their head /registered office.

 

You might also want to point out to them that you have been sending to their DCA

and you are rather disappointed that they have been ignoring you.

 

Point out there can be no dispute they have received your letters as they have all been signed for.

 

Are you receiving a regular statement of account from them ?

If not, you are entitled to one at least every 6 months whilst on a payment arrangement.

[citizenB]

Head Office for Howard Cohen

 

Howard Cohen & Co Solicitors

29 Park Square West

Leeds

West Yorkshire

LS1 2PQ

 

CL Finance Head office address

 

Kingston House Centre 27

Business Park

Woodhead Road

Birstall

Batley

West Yorkshire

WF17 9TD

 

 

 

 

CL Finance Correspondence address

 

Po Box 166

Cleckheaton

West Yorkshire

BD19 4WN

 

I would use their Head office address.

[neobass]

Howard Cohen are the rotweillers for CL Finance. So it will probably be CL Finance who own the account and you are simply making payments to Howard Cohen.

 

So I would start sending your letters / CCA requests to CL Finance - go via their head /registered office. You might also want to point out to them that you have been sending to their DCA and you are rather disappointed that they have been ignoring you. Point out there can be no dispute they have received your letters as they have all been signed for.

 

Are you receiving a regular statement of account from them ? If not, you are entitled to one at least every 6 months whilst on a payment arrangement.

 

I have received regular monthly statement from HSBC with what looks like the token payments

with no clear sign of the amount owing.

 

Every 6 months or so the DMP company would send updated balance.

 

I'll be sure to send CCA requests to CL Finance then.

 

I'm guessing based off that, it would be easier to assess which plan of action needs

to be taken to going about a FF or if I'm liable to pay in full?

 

Thanks,

Neo.

[BRIGADIER2JCS]

Over drafts are not subject to CCA 1974, as they are not credit agreements (section 5 exemption).

So there is no regulated agreement.

[neobass]

Over drafts are not subject to CCA 1974, as they are not credit agreements (section 5 exemption).

So there is no regulated agreement.

 

OK thanks.

 

where do I stand with the outstanding debt?

should I clear the debt so that I can at least have the CCJ show on my credit report as 'satisfied'?

 

My plan is to be accepted for a mortgage in 9-12 months but I'm not sure if that's even possible with the 2 CCJs even being satisfied?

[BRIGADIER2JCS]

You can certainly pay off the judgement order and get a certificate of satisfaction.

What ever happens a mortgage lender is going to inquire about any CCJs in the last 6 years at least.

Just 1 default on CRA files will get any app declined.

 

Mortgage lenders will require an absolute minimum of 3 years good-excellent credit management but more likely 4-5 years, no defaults, late/missed payments, even subprime lenders are very careful now.

[neobass]

So i'm going to have a wait couple more years at best then

 

As far as the overdraft judgement, I would need to pay it off in full correct i.e. I wouldn't be able to submit an full final offer?

[BRIGADIER2JCS]

NO the judgement order takes precedence over all else.

[neobass]

That's the same for the HSBC credit card aswell then, since that's a judgement?

[fletch70]

Can someone just clarify

This started off as being about CCA requests and has now gone on to talk about CCJ's

 

If there is a CCJ then there is no point in sending a CCA request as the judgement overides everything

 

If there is no CCJ but just a default on your credit file you can still make a F&F offer based on the condition that they mark your credit file as satisfied.

 

As for OD's they are indeed not covered by the CCA but are covered by EU directives and as such you can play silly buggers with them in the hope they get so confused they accept a lower F&F

[neobass]

I'll need to get an update on the amount due after being on a DMP for the last 7 yrs.

 

I assume once paid It will be 2 further years till its off my credit report, since it was 2009 it was issued.

 

Edit,

 

HSBC Overdraft

Date, 24/08/2009

Amount, £5,100

 

HSBC Mastercard

Date, 10/08/2009

Amount, £1,235

 

I should be able to clear that.

Edited August 31, 2013 by neobass

[neobass]

What's the first port of call in satisfying the 2 CCJs? Should I contact HSBC direct or the DCA?

 

Also, I assume it will be on the remaining balance not what is noted on the CCJ it self?

[citizenB]

I am not quite sure what you mean. Are you saying you wish to pay whatever the outstanding balance is left on these two CCJs and obtain a certificate of satisfaction on both ?

 

You will only need to repay what ever the balance outstanding is and you would need to make that payment to whomever you are paying the monies to at the present time.

 

I think you then need to apply to the court to obtain the certificate of satisfaction.

[neobass]

Yes that's what I am asking.

 

I've not had any response from Howard cohen and co solictors other than updated balance every 12 months,

just waiting to see if anything comes of letter asking for CCA (yup, I know not required being a CCJ post #11)

then will send letter in writing asking to clear balance.

I'm sure calling them is probably not the right move?

[BRIGADIER2JCS]

The CCA will have no bearing as it completely negated by the judgement order(s).

[neobass]

Indeed.

I suspect its a straight forward process,

contact DCA about outstanding debt and request details of how to pay/settle up.

 

Is there anything should write in or as an agreement that it will bring end to the situation etc?

 

Thanks!

[catquest]

I'm afraid you will have to work out the outstanding balance yourself,

ie subtract whatever you have paid from the recorded judgment debt.

 

They will not help you as they are probably hoping you will overpay.

You could stop paying and wait for some enforcement action ,

then they have to reveal the outstanding balance,

but this may involve extra charges.

[BRIGADIER2JCS]

Write to Cohen, and demand to know the actual balance within 7 days.

[Wooks001]

I think I'd also want a proper statement of payments etc so you can check they have worked it out correctly.

[neobass]

I haven't had any response from them at all on the CCA request,

even though now I know I'm not entitled to it.

But still, nothing!

I'll give it another week but they simply are useless!

[neobass]

Been 2 weeks and no response.

 

CL Finance Head office

Kingston House Centre 27

Business Park

Woodhead Road

Birstall

Batley

West Yorkshire

WF17 9TD

 

Used the above address. They simply do not respond to anything it seems. I sent to other address aswell.

 

Time to go direct to HSBC?

[citizenB]

I think you now need to put in a "Formal Complaint" to the same address.

 

Whilst they do not have to respond to a CCA request as it was replaced by a CCJ, they are indeed extremely rude to ignore you.

 

Aside from which, you are entitled to receive the other information you are requiring by way of the outstanding balance. With a Formal Complaint - they are obliged to respond to you within 8 weeks, after which time you can take your complaint to the Ombudsman.

[catquest]

Can you point to the relevant court rules which say that a claimant has to provide statements after a judgement ?

[neobass]

Here's draft requesting info,

 

CL Finance

Kingston House Centre 27

Business Park

Woodhead Road

Birstall

Batley

West Yorkshire

WF17 9TD

 

Dear Sir/Madam

Account No: 00000000000000000

 

I have made several attempts to contact Howard Cohen & Co Solicitors on behalf of the above reference account - HSBC Mastercard. I have sent recorded letters which have been signed for but seemingly no response and been completley ignored.

This letter is in direct response to CCJ I have showing on my credit file for,

Issuuing Court: NORTHAMPTON CCBC

Case Number 555555555555555

Date: 10/08/09

Amount: £1,367

 

I require full upto date balance on the above case number, which has been regulaly paid via Chruchwood Financial debt management plan for the past 4 years. I require full statement based on this clearly showing the payments you have received with net balance.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance. Further more if my requests are ignored a formal complaint will be made and reported to Ombudsman.

 

I look forward to hearing from you.

 

 

Yours faithfully

 

Mr..................

 

 

--

 

Seem OK? Will send same for both CCJs