Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #41
    Basic Account Holder Nicola85 Novitiate

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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    Today I recieved court papers. I'm not quite sure what to do. I know that I have to either deny or accept that I owe the debt. The problem I have is that YES I do owe the debt but I have no money in which to pay it with. If I accept that I owe the debt then I'll recieve a CCJ and I have no money to pay the CCJ. If I deny the debt then it's more than likely they can prove I owe them money and I'll still end up with a CCJ. I was never trying to get out of paying my debt. I just hit a bad financial patch and then things sarted to go down hill from there. I've tried talking to theese people and come to some sort of a payment arrangement but I'm not getting anywhere. Is there anyone who can give me some advice? Thanks so much. Nicola.


  2. #42
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    Have you kept all correspondence relating to your payment proposals?

    If you have stated to them that you will pay X amount per month/week and they have refused then, they will not have a leg to stand on in court, the judge will simply tell them that all they will get from now on is the amount you stated that you could afford, and if thats 1 a week, then tough on them.

    Is it an SD you have received? If so you have 14 days in which to acknowledge it, and you can even do it online, so are able to take it right up to the 11th hour.

    It's a shame you can't post it up for Cerbs to have a look at, does it refer to the document as a Statutory Demand?

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  3. #43
    Basic Account Holder Nicola85 Novitiate

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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    As far as I can tell, it's a claim formicon and a response pack. I'm suppost to fill in one of the two forms. One is to deny the other to accept. From what I can tell they are real papers they have been stamped by the court and it has a reference number. It's not a statutory demand.

    What I really would like to ask is can I be issued with a CCJ if I don't have a wage and I don't owne a home or car?


  4. #44
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    http://www.consumeractiongroup.co.uk...how-start.html

    yes you can be given a CCJ SO HAVE A READ

    Id quot circumiret, circumveniat.

    please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge
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  5. #45
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    MODS CAN WE MOVED THIS TO LEGAL FORUMS IF OP AGREEDS.


    What are the POCicon

    Id quot circumiret, circumveniat.

    please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge
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  6. #46
    Basic Account Holder Nicola85 Novitiate

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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    I think I'll just fill in the form and say I accept the debt. I can't fill in the one to deny as I have no defence as Yes I do owe the debt. So I'll just fill it in and tell them I have no wages and I don't have any outgoings and see what happens from there as they are never going to get any money out of me I have none and I doubt I'll have any for the forseable future. They can't take what I have not got.


  7. #47
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    i do think that you should defend

    As it has gone to court it would wise to go through the act as you will be in a better position in regards to controll.

    However to you

    lilly white

    Id quot circumiret, circumveniat.

    please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge
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  8. #48
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    I agree with Lilly, you really have nothing to lose by defending, you won't end up any worse off even if you lose.


  9. #49
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    Just read through your thread and can't see any reply re default notice? Have you had one? Also, an assignment? Does it refer to these docs in the court claim? If so, you need to see them.
    I'm going through a similar case. I sent a CPR request to the solicitors who came back with ...'don't have in their possession, are in process of retrieving...etc'. Then go on to give me extra time...etc!!! Do NOT fall for this. They try to get a CCJ by default.

    Please try to find the strength to defend yourself. You've nothing to lose. Ask to see all docs they refer to now and file an embarrassed defence in the meantime. Online is very straightforward. Then it's up to them to prove they have a legitimate claim.
    Good luck!


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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    Yes, it might be wise to send them a CPR request, I understand that you admit you owe this money but I would still defend, as you really have nothing to lose, I owe circa 55K and even though I do know I owe that money, I will defend myself at every turn.

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  11. #51
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    I used to admit the debt before I found this forum and now I defend because in the end if you do lose you can only pay what you can afford.

    Who are the claimants - have CL Finance or Link bought the debt.

    Both hopeless

    and if it is CL Finance it will be Howard Cohen - even better.


  12. #52
    Basic Account Holder Nicola85 Novitiate

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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    Quote Originally Posted by hammyhound View Post
    I used to admit the debt before I found this forum and now I defend because in the end if you do lose you can only pay what you can afford.

    Who are the claimants - have CL Finance or Link bought the debt.

    Both hopeless

    and if it is CL Finance it will be Howard Cohen - even better.
    The claimants are CL Finance and it is Howard Cohen. Have you had dealings with them?


  13. #53
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    Oh yes and countless others, they are hopeless. They will hope that you don't defend and get judgment. They are like rabbits in a headlight when you do. Our case was struck out when they failed to provide the hearing fee - they are well and truly skint - CL Finance are owned by Cattles.

    They asked for mediation and still didn't produce the documents. Matter went back to court and now it has been struck out and CL Finance to pay our costs.

    Have they provided anything yet.

    HH


  14. #54
    Basic Account Holder MONTY Novitiate

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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    Hi

    I have just received a claim formicon submitted by Howard Cohen & Co to Northampton CC in relation to by Deenhams store card.

    I have been down the route of requesting a copy of the original CCA. All that has been provided is a copy of an application form which I signed in 1998 (I will scan this in later and post here). A default notice has been issued and looks to have all the required information (again I will scan and post here).

    Because the could not produce a properly executed agreement, or at least are claimimg that a copy of the application form is a properly executed agreement, I wrote to Santandericon (Copy to Viking) giving them formal notice that the account is in disputeicon.

    It appears that Santander and/or Viking (it was never very clear as they were both writing to me at the same time) have now assigned the debt to Cohn & Co who in turn have issued a claim through the courts.

    My first reaction is to submit a N244icon Application and have the case transferred to my local county courticon. At the same time I want to submit a defence - this is where I need some help.

    Can anyone share with me the wording I can use on the Defence and Counterclaim form? Do I offer a defence even though I acknowledge the debt or do I just submit a counterclaim because they can not produce a properly executed agreement?


  15. #55
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    Here is the Application form that Santandericon claim is a properly executed agreement and a copy of the DN.

    Please could someone helpme put together my defence/counterclaim? I have no reservations about appearing in court - they can not have what I have not got and actually if they have been acting inappropriately I want a judge to note the same.

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  16. #56
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    You need to start your own thread Monty, especially over something as important as a court claim. In the Legal section would be best.


  17. #57
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    Quote Originally Posted by Huff&Puff View Post
    You need to start your own thread Monty, especially over something as important as a court claim. In the Legal section would be best.
    Sorry for gate crashing!!!! I have started my own thread in legal as advised

    Thnak you


  18. #58
    Basic Account Holder Nicola85 Novitiate

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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    It's been a while now and I have not heard anything from Howard and Cowen the last letter they did send to me said that one of the options were that they would try to petition for my bankruptcy. Which scares my alot and I was wondering if that happens, will I lose my car? it's a vauxhall astra 2003 I bought it for 1,700 but I think it's worth more.
    Will it be taken of me. It's just I do need it as I'm dissabled and it has dissabled tax. If it's taken from me I won't be able to use public transport because I need assistance to do so and taxi is to expensive. I would try selling it and getting something cheeper but this was all I could afford in the first place if I sell my car and get a cheaper car if thats even possible then it will end up costing me more in the long run on parts and repairs. Please help. Worried.

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  19. #59
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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    i would very doubt they would take a disabled persons car


  20. #60
    Basic Account Holder Nicola85 Novitiate

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    Default Re: Debenhams/Santander Cards-Viking Collection Services LTD

    I've learned that the official Reciever will take any car valued over 1,000 to sell and give 500 to be shared among creditors and 500 to you to buy another car. Dissabled or not.

    If someone could give me a yes or no then that would be great. I could do something about it before it' to late. As if I loose my car I will be housebound. My car is not a luxury it's a necessity for my independence and motability. Yes it is a big car and that's because I need to fit my wheelchair in the back and the extra space in the drivers seat for comfort for my dissability. I have nothing against small cars my first car was a fit cinq. lol.

    I could sell the car I have now and buy someting smaller and cheaper.

    I think the Parkers guide is valuing my car for more than it's worth. I only paid 1,800 and they value it privately in good condition at 2,000. I should be so lucky to get that if I sold it. It would be lucky if I even got 1,300 for it.

    2003/03 Vauxhall Astra Hatchback 1.6i Club 5d Valuation - Parker's



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