CL Finance Ltd/ Howard Cohens

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

Top right corner will have a jumping person, or just follow this link: Legal Beagles

[Horsemad]

Re: CL Finance Ltd/ Howard Cohens

Dizzy, do you have an update as to what happened at court??? Exactly the same thing has happened to me and my defence is based on their shoddy assignment of the debt and as my hearing is next wednesday was just wondering what happened at yours? Thanks HM.

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Hi Horsemad

Basically I was given a hard time, the judge was an old resident judge and had it in for me! A local agent solicitor turned up acting on behalf of HC & to be fair she was very nice and very accomodating. She gave me advice which was good advice.

The judge said that my witness statement was too detailed and contained some old legislation which was nonsense (referring to the CCA ie the original agreement not having to be produced in court). HC reckoned they had never received my witness statement which was a lie because I sent it recorded delivery to the court & to them and there is proof on the Royal Mail website that it was delivered. I also showed prrof to the judge but they take the view that it is Royal Mails fault/problem not that HC's are lying! The case was adjourned stating that that I had to amend the witness statement and take out bits that did not apply and send to HC and the court by 4th March the case being adjourned to April.

The judge made me feel like a school girl being reprimanded by the headmaster! It was very daunting! But putting all the legal jargon aside I was told that the judge was trying to help me (it didn't seem it at the time!) by saying it should never have got to court and it should be settled outside of court. I had written myself notes so that I would be ble to defend myself but when I tried to speak the judge wasn't interested. Probably because I was acting for myself & didn't know how to answer back.

When we came out the solicitor told me to phone HC's to try & settle it with them together with some other advice. I have sent them a letter by recorded delivery offering settlement but they haven't yet responded (probabaly they will say they never received it!) If I don't hear from them I will have to send a revised witness statement and unfortunately may have to face that awful judge again in court- something I would rather not experience again!

The only advice I would give you is that if you are approached by the legal agent prior to entering court, refuse to let them have access to your paperwork until after the case - ie if it is adjourned - I regret letting her see my paperwork especially as she had nothing to go on except what she had been given by HC. But being my first tme ever in this situation I didn't know what the right thing was to do.

I wish you the best of luck, all I will say is be prepared as it is a harrowing experience in my opinion, I thought that I had gone prepared but when you're faced with the situation it isn't so easy. Make sure you're familiar with the CCA and civil procedure rules and NOA's - I had studied Curlybens write ups and found them very useful, try & get as much information from this website.

[Horsemad]

Re: CL Finance Ltd/ Howard Cohens

Thanks dizzy, have a feeling mine will go the same way as the judge struck my previous defence out without a reason and when I wrote requesting him to give me the reason for strike out he replied by saying he would answer all queries at the hearing on 4th March. I wanted it so i could prepare/amend my defence as necesscary. may try and get case adjourned to have a rethink of the whole situation. Does Curlyben know the out come of your hearing?? Thank you very much for your advice and quick response.

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Hi Horsemad

No problems. I am willing to give advice to someone who is going through a similar situation.

Unfortunately it all boils down to the judge on the day, they are a law on to themselves! Yes Curlyben knows the outcome, he has been really helpful and if I were you, if you haven't already, I would suggest you speak to him and seek his advice he may be able to help you further.

[Horsemad]

Re: CL Finance Ltd/ Howard Cohens

Hi again Dizzy, I am going to take Curlybens advice and am going to offer a settlement to cl/HC.

I had my hearing adjourned until 12th May so as to buy me some time and try to settle this out of court. Curlyben and others have been helping me also and he said you may be able to advise me as to what to put in my settlement letter to CL/HC - did they respond to you, have you settled your case yet? Any help/advice would be greatly appreciated. Thanks again.HM

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Hi Horsemad

I think Curlybens advice is very wise. You may strike unlucky on the day and the judge may as a warning to others, go against you and you may end up with a CCJ which is the last thing you need.

I sent a letter to HC and offered a settlement figure which originally represented 45% of what I had spent on the card. not including costs and interest. They then wrote back not even referring to my letter, with a counteroffer which represented approx 50% of their balance which included costs and interest together with 3 copies of a consent order which I had to sign and return. I was happy with the figure because it basically amounted to my spending on the card and they are allowing me to repay it by monthly instalments.

After 2 weeks I hadn't heard from them and in the meantime I received a letter from the court confirming the dates my amended witness statement should be delivered and the date of HC's response. I contacted HC to find out if they had received my letter, which I knew they had because I had sent it recorded delivery and it was only when I phoned that they were going to send the consent orders to the court together with their letter to cancel the case and they told me that there would be a backlog that the courts have to deal with so it would be a while before I would receive acknowledgement from the court. I made sure that I took the persons name at HC so if I do not hear anything I can quote their name.

I'm attaching the first letter I sent to them, obviously you will need to adapt it where required. If you need any further help just shout because I know what you're going through.

Dizzy

[Horsemad]

Re: CL Finance Ltd/ Howard Cohens

Thank you so much for your help Dizzy, very much appreciated. Will let you know how I get on.