Howard Cohen Court Claim

[Bear23]

hello,

Hope you can help. I recevied a claim form from the County Court Business Centre. Its a claim made on beahlf of Hoist Porfolio Holding 2 in regards to a overdraft that has recently been sold to them.

Howard Cohen are their solicitors.

I submitted a defence and have recevied an N180 form this was filled out and I have now received a Notice of Transfer of Proceedings. I have asked them for CPR13 and in my defence I have specified that there has been no documentation submitted to prove their claim.

I can only presume this is an old debt that has subsquently been sold on (I got in some trouble 2009 when I was made redundant)

So I am wondering what happens next, as how can someone who cant prove a debt take me to court for it?


Thanking you in advance.

[FlamingParrot]

Re: Howard Cohen Court Claim

Hi and welcome aboard

I can only assume your current account was with Santander because they've been selling accounts to Hoist. You say you got in trouble in 2009, any idea when you stopped making payments into this current account? How much is the claim for? Because overdrafts don't have set repayment dates like loans where your payments are due on the xxth day of the month, the clock for limitation purposes only starts to run when the bank recalls the overdraft by issuing a final demand. Banks will usually wait a few months without payments before issuing one, and they're likely to do so much more quickly if your overdrawn balance is for considerable amount. For small overdrafts made up mostly of charges, they may hold off for a long time. Did you argue that the account was SBd in your defence?

With regards to the documents, I assume you sent a request under CPR31.14 for documents referred to on the particulars of claim and they didn't supply them. The court will order them to supply you with the documents at least 14 days before the hearing date, this is standard procedure. Sadly all these companies take advantage of the fact that there is no requirement to attach any paperwork to claims issued electronically through the bulk centre.

If they are unable to obtain anything, they may have to discontinue the claim. ray: ray: If they can prove the debt exists and is not SBd, you may want to look into settling with a Tomlin order if you wish to avoid a CCJ on record. :thumb:

[Bear23]

Re: Howard Cohen Court Claim

I can only assume your current account waswith it was with Abbey National then they sold to Santander this was after I hadstopped paying back on the overdraft, as no job no money going in. the last time the account had a payment go inwas late 2009 so not SB.

I did yes request particulars of claimwhich they haven’t supplied and have since sent a CPR18 request direct toHoward Cohen on the 17^th August to date nothing.



What is a Tomlin order?


- - - Updated - - -

I t was with Abbey National then they sold to Santander this was after I had stopped paying back on the overdraft, as no job no money going in. the last time the account had a payment go in was late 2009 so not SB.

I did yes request particulars of claim which they haven’t supplied and have since sent a CPR18 request direct toHoward Cohen on the 17^th August to date nothing.



What is a Tomlin order?

[FlamingParrot]

Re: Howard Cohen Court Claim

I can only assume your current account waswith it was with Abbey National then they sold to Santander this was after I hadstopped paying back on the overdraft, as no job no money going in. the last time the account had a payment go inwas late 2009 so not SB.

I did yes request particulars of claimwhich they haven’t supplied and have since sent a CPR18 request direct toHoward Cohen on the 17^th August to date nothing.

As those requests were made under Parts 18 and 31 of the CPR which do not apply to small claims, they no longer need to comply with those requests now you've returned the N180 which means the claim is allocated to small claims, however, they will still be required to supply documents at least 14 days before the hearing as per CPR 27.4(3)(a)(i): https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.4

(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing;

What is a Tomlin order?

It's a type of consent order whereby proceedings are stayed as long as you keep to the terms of the order, i.e. your agreed monthly repayments. You'd still need to make a reasonable instalment offer backed by an income and expenditure statement but you'd avoid having a CCJ on record. :thumb: They should only be used as a last resort because if you don't stick to the terms of the order at some point they are able to apply for summary judgment.

[Bear23]

Re: Howard Cohen Court Claim

Id rather have a CCJ

[FlamingParrot]

Re: Howard Cohen Court Claim

Id rather have a CCJ

It may not come to that if they can't get their hands on the paperwork, Santander are not known as the most efficient bank.

It's all a matter of personal circumstances, some people are looking to get a mortgage or remortgage at a lower rate, or their jobs may be affected by a CCJ.

[Unregistered]

Re: Howard Cohen Court Claim

It may not come to that if they can't get their hands on the paperwork, Santander are not known as the most efficient bank.

It's all a matter of personal circumstances, some people are looking to get a mortgage or remortgage at a lower rate, or their jobs may be affected by a CCJ.

Thank you FlamingParrot, really appreciate your help, take care

[Bear23]

Re: Howard Cohen Court Claim

The court awarded to Howard Cohen said lack of evidence from us!?!?!? Have to pay by the 4th Jan but it's two separate claims one for me one for husband both full amount so if we did pay both they would have twice the amount owed!!! Any advice???? Please

[Amethyst]

Re: Howard Cohen Court Claim

Did you receive back a court date and instructions for submitting a witness statement and documentation in the case ?

[Bear23]

Re: Howard Cohen Court Claim

Hi,

I received a court date, I submitted a statement but was unable to attend as the little job that I do have wouldn't allow me the time off.

The solicitors Howard Cohen did sent through statements and the original credit agreement as well as the letter to say they now owned the debt, this was submitted to court.



So far they haven't paid to enforce the judgement. I need to know should I now apply for the order to be set aside and if so how.




And


Why are the two orders to pay for the one debt one for me one for my husband if we both paid each judgement we would be paying the debt twice, this doesn't sound right to me????




Any help with this would be greatly appreciated