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The Claimant's claim is for the sum of 602.97 being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and Santander Cards UK Limited under reference XXXXXXXXXXXXXX and assigned to the Claimant on the 9th December 2009, notice of which has been given to the Defendant.
The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.
Pursuant to clause 7 of the agreement the Claimant also claims contractual interest at a rate of 26.478% per annum from the date of these proceedings to the date of judgement, or sooner payment, accruing at a daily rate of 0.53.
I am concerned that there is not APR information on this "agreement" and that one line under CUSTOMER INFORMATION refers to the document as an "Application" - I am sure you guys (and gals) will understand it a bit better.
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I have not received a default notice and one was not supplied with the request under CPR's for information specified in the particulars of claim.
There is a statement on the "credit agreenment" stating "By signing this application form you confirm is has been completed and signed in a Edge network store"
Is it normal to refer to credit agreements in one statement and application in another?
Is it really the Defence you have to get in tomorrow, or the Acknowledgment of the Claim saying you would be defending? If it's the actual Defence presumably you did the acknowledgment a fortnight ago?
It refers to "the terms and conditions given to you with this Agreement". In other words they must have been on a separate document sent later because it also refers to itself as an application form, and states "in assessing this application".
Your Defence must be that you requested a copy of the signed Credit Agreement and they have failed to provide it, instead providing a copy of an application form which does not have the Prescribed Terms which are required to be within the four corners of any Credit Agreement in order for it to comply with the Consumer Credit Act 1974.
You can also state that there is a House of Lords' Authority on this: Tuckey LJ in the case of Wilson and another v Hurstanger Ltd (2007) EWCA Civ 299. Please do google that and read it so you understand what you are talking about.
Can you provide some history of what has happened? When did the claim form arrive? What is the payment history, ie. when did you last make any payment?
Did you receive a notice of assignment via Cohen's? Was the claim issued simultaneously?
Did you send a CCA request to Cohen's, and a SAR to the original creditor (not Cohen's)? What was the timescale on all this?
And did you ever receive a DN from the original creditor, GE/Edge? And you've not received any copies of the T&Cs with the CCA? The app form says it is their original, and page 1 of 3 - there should be two other pages which may well comprise the T&Cs.
One important issue:
There is a statement on the "credit agreenment" stating "By signing this application form you confirm is has been completed and signed in a Edge network store"
Were you given the T&Cs at the same time? If not, Carey v HSBC could be your friend.
Really need more info to help properly - get back to us asap. May still not be too late to file - unless Cohen's go for judgment today, you should be OK.
“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009
If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.
That's much better advice from Donkey - sorry for not being more on the ball, but it was very late.
Hopefully you have until the end of today to put in your Defence which means they probably won't be trying to apply for judgment until tomorrow at the earliest.
I received the claim form in december 2009 (23rd) I did the aos online and sent cohen CPR 31 request - they responded 3 weeks later with a letter stating they are locating the docs and will not proceed until these have been furnished.
The docs arrived but i was away at time. docs were signed for on 4th/5th and contained statements of account and a notice of assignment from Santander to cl finance. the letter gives 14 days to file defence.
There are no other docs with this other than the one page uploaded.
Did you receive a notice of assignment via Cohen's? Was the claim issued simultaneously?
Did you send a ... SAR to the original creditor (not Cohen's)?
Did you ever receive a DN from the original creditor, GE/Edge? And you've not received any copies of the T&Cs with the CCA? The app form says it is their original, and page 1 of 3 - there should be two other pages which may well comprise the T&Cs.
One important issue:
There is a statement on the "credit agreenment" stating "By signing this application form you confirm is has been completed and signed in a Edge network store"
Were you given the T&Cs at the same time? If not, Carey v HSBC could be your friend.
Any answers for these bits?
“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009
If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.
Did you receive a notice of assignment via Cohen's? Was the claim issued simultaneously? No notice of assignment - just claim form
Did you send a ... Subject access request to the original creditor (not Cohen's)? sent cca request to ge money, also sent cpr request to ge to obtain credit agreement - no reply from ge
Did you ever receive a DN from the original creditor, GE/Edge? And you've not received any copies of the T&Cs with the CCA? The app form says it is their original, and page 1 of 3 - there should be two other pages which may well comprise the T&Cs. - No Only received one document and some statements. Never received dn from ge or now its Santander. then received a letter from santander stating they have traced me and charged £25 (maybe they still had old address)
One important issue:
There is a statement on the "credit agreenment" stating "By signing this application form you confirm is has been completed and signed in a Edge network store"
Were you given the T&Cs at the same time? If not, Carey v HSBC could be your friend. I am not entirely sure is I was as it goes back 5 years - I dont even remember taking this "store card". I was only financing a sat nav pda.
Claim Form Received - HELP NEEDED PLEASE!
. I have sent the relevent CCA/Subject Access requests to Howard Cohen.
Reply With Quote
Originally Posted by DonkeyB
to the original creditor (not Cohen's)? sent cca request to ge money, also sent cpr request to ge to obtain credit agreement - no reply from ge