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

[neobass]

Have sent above letter, awaiting response still. Is there any way I can appeal for a settle figure or is that simply not doable on a CCJ?

[neobass]

Finally a response from Howard Co & Co Solicitors!

 

However something does not add up. They have sent be balance along with account of payments.

 

HSBC Overdraft

Date, 24/08/2009

Amount, £5,658

 

As you can see on page 3 of the PDF attachment

 

I have paid £1,612.21 minus original balance of £5,658.00 would leave remaining balance of £4,045.79

yet on the first page of their letter it states a balance of £4,589.84

 

am I right in thinking there is interest involved here?

But at £544 I think that's quite harsh unless there including court fee's or something else I'm not paying attention to?!

 

 

 

[ATTACH=CONFIG]46586[/ATTACH]

Edited September 27, 2013 by citizenB

[neobass]

Anyone able to help?

 

Should I write a letter requesting further info plus how best to approach paying this,

an agreement that once paid t

hey can't chase for other interests/charges etc and that the matter is final and closed?

[citizenB]

Yes, write and ask them to explain the discrepancy. In the grand scheme of things, £500.00 is not mega, but, it goes to the accuracy of the statement.

[neobass]

OK response of balance back for second CCJ.

 

Note the DCA is titled differently? says the client is 'CL Finance'?

has this CCJ debt been sold off?

the balance shows no interest.

 

Before I pay and settle the CCJ

is there a checklist or certain things I should stipulate within my next letter to the DCA?

 

Since I have stopped all payments and being its an enforceable debt I want to get it wrapped up pronto.

[neobass]

Got me wondering, would they accept a offer amount?

 

I have 22 months to go till its off my credit report.

 

Surely they don't want to take £1 token payments for those 22 months and accept say 50%?

[fletch70]

I am confused.

So on the mastercard, who got the CCJ, was it CL finance?

Just have a look at the addresses of these people, CL, lewis Group, Howard Cohen, anything strike you as similar?

 

I seems that Lewis are just the bit handling the collection. I am assuming that the court ordered the £5 per month or is that just an arrangement you made after the CCJ. To change that you or they need to return to court for a redetermination. You will not be able to just stop paying when it comes off your credit file.

[neobass]

I am confused.

So on the mastercard, who got the CCJ, was it CL finance?

Just have a look at the addresses of these people, CL, lewis Group, Howard Cohen, anything strike you as similar?

 

I seems that Lewis are just the bit handling the collection. I am assuming that the court ordered the £5 per month or is that just an arrangement you made after the CCJ. To change that you or they need to return to court for a redetermination. You will not be able to just stop paying when it comes off your credit file.

 

Hi,

 

Yes the HSBC mastercard is one of the CCJ,

it was with Howard Cohen & Co Solicitors.

However correspondence has been from CL Finance and now Lewis Group!??

The previous payments were made via DMP, which I have now stopped, the arrangement was £5/ month.

 

Didn't know that you had to continuously pay the CCJ even after it falls off the credit report.

I'm not trying to get away with it,

I'm quite happy to pay it off without being eager to pay out exact amounts in full

without knowing if there's chance of comeback from the DCA.

[neobass]

Would something like this work?

Dear Sirs

 

Account No/Reference No: XXXXXXXX

 

I write with reference to previous communication regarding an outstanding balance on the above mentioned account, to which I am repaying £5 per month into, and wish to make an offer to resolve the issue that will suitably please both parties.

 

I can confirm that I am unable to offer to pay the money which I owe in full, however I am able to raise £2,500 and wish to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability with no recourse or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance. I also request that, if accepted, you will mark your related entry on the credit reference agency files relating to the above account as "satisfied" in full, or even removed in totality.

 

Bear in mind I have been paying £5 per month for almost 2 years now, which doesn't seem to making much of a dent to the debt. The £2500 I have been offered as a loan (by a family member) is on the strict condition that my liability to the debt is released in totality meaning I cannot offer it as part payment, nor can I increase the offer as it is a family loan to 'help me out'.

 

Payment can be made within 28 days of receiving your written agreement of this offer and confirmed preferred method of payment. Please write back and confirm if you're interested in my offer then I'll come back to you with more formal terms.

 

I look forward to your response

 

Yours faithfully,

 

 

 

Sign Digitally

 

Same would apply for both CCJs, so £600 being offered for Mastercard.

 

Am I being little too cocky? and should I stop wasting time and just pay it off?!

[fletch70]

It is always worth a try, if the court set the payment at £5 per month you could of course just keep paying that. I suspect that CL finance bought the debt from HSBC then went and got a judgement . You know that CL and Lewis are basically the same. They share two directors but in efforts to confuse us (or am I cynical) they pretend to be different.

 

I have two outstanding CCJ's from the 90's. I stopped paying them last year and there was a bit of huffing and puffing but they have gone quiet. I have never been given a definitive answer about when and if they can take you back to court, certainly if you haven't paid for 6 years they will struggle.

[neobass]

I'll see what the response is from CL/Lewis/Howard Co on this..

But i'm not looking to prolong the situation but rather close the matter at the earliest convenience.

I guess me putting things in perspective to them is like calling my bluff to a certain degree,

if they don't accept then i'm sure then i'll be writing out a cheque and putting an end to the matter.

 

Assuming you have been paying for the last 15-20 years..

that's a pretty impressive feat, alot would have walked away pretty soon after the 6 years

and had they extended the CCJ length then surely that would have put into perspective

how determined they were to get there monies.

[neobass]

Speedy response from Lewis Debt Recovery on behalf of CL Finance.

 

I'm sure you will agree it reads as 'Partial'

I will make it pretty clear on my response to these letters that I will only accept as 'Full and Final'

and that my my CCJ to be updated on the credit report as 'Satisfied'

 

So something like,

 

Dear Sirs

 

Account No/Reference No: XXXXXXXX

 

I write with reference to previous communication regarding your acceptance of £2,500 and £600 to settle and close the 2 CCJ files against me.

 

Please find attached to this letter a cheque for the sum of £3,100 in full and final settlement of this account. Upon cashing the cheque you confirm and accept that this account will be classed as settled and closed with no option to further sell-on the account or try and utilise the provision within the Penny v Cole [Pinnel 1602] judgment.

 

I trust that you won't be requesting for an extension to the CCJ once this £2,500 and £600 towards the 2 seperate CCJs has been paid.

 

Likewise, upon cashing this cheque you ought to be updating any credit reference records to reflect that the account is in fact satisfied so please confirm in writing upon clearance of this payment that my credit data will be updated to show a "Satisfied" status as well as confirming that the account is now settled and closed.

 

Thanks again for your time in this matter and I look forward to receiving the relevant confirmation in due course.

 

Yours faithfully,

 

Signed.

 

--

 

Think it will work? Certainly smells of something a little iffy to me!

[BRIGADIER2JCS]

The judgement order should not be marked as fully satisfied if this has not actually happened.

[neobass]

Have whizzed a letter off,

searching around seems others have been successful.

 

In alot of these cases the end user probably doesn't cover all grounds

and its more or less like burning the money when they just come back at you for it later.

[neobass]

Further follow up to my previous letter DCA has confirmed that the offer agreed upon would bring the entire matter to a close and my CCJ marked as 'satisfied'

 

Should I request any further clarification based upon my letter to them?

 

I write with reference to previous communication regarding your offer of £2,500 for the CCJ file against me.

 

I would be happy to accept your offer in full and final settlement of this account. Upon sending you a cheque you confirm and accept that this account will be classed as settled and closed with no option to further sell-on the account or try and utilise the provision within the Penny v Cole [Pinnel 1602] judgment.

 

I trust that you won't be requesting for an extension to the CCJ once this £2,500 has been paid.

 

Likewise, upon completing payment you ought to be updating any credit reference records to reflect that the account is in fact satisfied so please confirm in writing upon clearance of this payment that my credit data will be updated to show a "Satisfied" status as well as confirming that the account is now settled and closed.

 

Thanks again for your time in this matter and I look forward to receiving the relevant confirmation in due course.

 

 

Yours faithfully

I suspect they will confirm the other CCJ in writing momentarily.

 

On the PDF attachment, last paragraph is giving me a somewhat uneasy feeling. Anyone else agree?

[neobass]

Any suggestions?

 

I'm still reluctant and feel the need for further clarification.

 

The last paragraph has me paranoid that 'their client changed there mind' follow up once they cash my cheque.

 

After all, CL Finance, Howard Cohen and Lewis debt recovery are all but the same!

[Wooks001]

Get confirmation in writing from their "client", or can you make payment through the court.

Would be worth a small fee for peace of mind.

[neobass]

OK will get another letter out shortly.

 

Sending payment to the court, wouldn't they need clarification from the claimant that we came to amicable solution?

as surely they will see that a smaller fee has been accepted?

I guess that removes the chance of CL finance, Howard Co and Lewis from pulling a fast one!

[Wooks001]

I don't know anything about how courts work, but it seems sensible that if the claimant is happy they would be too. You could always phone and ask first.

[neobass]

Indeed

but with alot of these things they end up getting upper hand on things by the way they write it.

 

What I mean is I can interpret there last paragraph in 2 different ways.

I could be happy now but later it could fall to nothing!

 

By the time they have my follow up letter it will be 14th, which is the date they were willing to accept payment upto

[Wooks001]

I don't trust any DCA so I understand your situation.

But if I was a DCA and you were offering 10 years worth of payments for example it would be foolish to refuse just because of a couple of days.

You could ring them if time is a problem, your family need a bit more time to get the money together.....

[neobass]

Absolutely! I have always taken the valuable advise given on this forum that you should never speak to these people on the phone. I purely need some clarification this isn't going to end up biting me on the hiney!

 

Funds are available, so not an issue just being vigilant.. maybe just a bit too much!??

[Wooks001]

Normally you are correct never speak to them, but you have a problem and are offering money rather that them chasing it.

You could send the letter by courier next day, can't think of any other option.

[neobass]

Yup, special delivery tomorrow for saturday post.

 

I just hoped the 2nd offer letter came in this morning, as the £600 cheque would be sent and I could trial that to see if they are going to stick to there word, perhaps if that is in tomorrow I'll be sending them a follow up letter for the overdraft CCJ and the £600 F&F cheque for mastercard CCJ.

[neobass]

Response in from CL Finance.

 

Clearly says it will accept £2500 as a 'Partial Settlement' yet on the previous letters states something altogether different!

 

So, back to square one.

 

Looks like I need to pay the full amount to get this monkey off my back.