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.

£19.99 + £1.50 (P&P)

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  1. #161
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    Leave 'stayed' or go for 'strike out'?

    Don't forget you've seen another default on your credit file by CCM.

    Someone will be along to advise you on which is more appropriate.


  2. #162
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    Bump
    Any advice for naomi25 anyone?


  3. #163
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    This is stayed yes??

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  4. #164
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    Yes it is BB. It was stayed in April.

    last time naomi25 spoke to the court they had said she could apply for it to be struck out so was asking what to do.

    What's the benefit of going for strike out as opposed wait and see?


  5. #165
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    I'm not sure, legal issues aren't really my thing, but someone will be able to help.

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  6. #166
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    Striking out dispenses with the claim and ends the matter were as a stay indefinitely prolongs the matter until either party takes action.

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    Andy

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  7. #167
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    Thanks andy. In your opinion would you suggest go for strike out or leave stayed?

    It's been stayed since April.

    AS


  8. #168
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    Quote Originally Posted by Always Struggling View Post
    Thanks andy. In your opinion would you suggest go for strike out or leave stayed?

    It's been stayed since April.

    AS
    That depends on the merits of your defence and your gut instinct as to how the Claimant will respond, obviously a SO is preferable to leaving it in limbo.

    Andy

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  9. #169
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    The defence has been one of their own construction tbh andy.

    naomi25 had been trying to make payments when Santandericon decided to default (bad one, by a day or two) while ignoring her attempts to make some kind of payment.

    They then terminated the agreement (on the bad notice) while ignoring a request under s77 sent before termination.
    They then sold the debt on while not complying to s77 and with bad DN uncorrected.

    DCAicon issued claim then fail to answer embarrassed defence and respond to CPR 18.

    All attempts to make any kind of payment have been ignored and it has, imo, been rushed to court.

    AS


  10. #170
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    Default Re: Santander/CCM issued claim for car finance on faulty DN/term - refused 1PCM sold it on

    Update:
    naomi25 received a letter which is basically going through their list of events. They also sent copies of some of the paperwork - will get scanned copies to put up over the weekend.

    My impression is they are trying to cover their tracks. They have 'lost' the bill of sale in respect to the car but the interesting part to me is they go to some lengths to explain their name and changes. The claim was made by 'Close Credit Management' - no licence when proceedings began - as the company was bought by Bluestone in November 2011.

    Close Credit was not licenced at the time of beginning proceedings either as a company in it's own right nor as a trading name under anyone else.

    Here is their letter:
    scan0022.pdf

    Will get other paperwork from naomi25 asap.

    Any advice on this or what to do next would be great. naomi25 is going to call the court this afternoon to check that the case is currently still stayed and no application has been made to lift it at the moment.

    Thanks

    AS



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