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Santander/CCM issued claim for car finance on faulty DN/term - refused £1PCM sold it on


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Am I right in thinking that they have 28days to respond to naomi25s' initial defence which had to be in by 13th March?

 

If so, that would mean they have to respond by Saturday 14th?

 

What happens then? Does naomi25 have to do/confirm anything or notify anyone?

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Am I right in thinking that they have 28days to respond to naomi25s' initial defence which had to be in by 13th March?

 

If so, that would mean they have to respond by Saturday 14th?

 

What happens then? Does naomi25 have to do/confirm anything or notify anyone?

 

They have 28 days to confirm to the court if they wish to move forward. If they dont, then it becomes stayed by the court. If this is still with the Bulk issuing centre, chances are they wont let you know in writing.

 

So if nothing has happened on the date it should have, then you will probably need to telephone the court to find out the status of the claim.

 

Other than that, Naomi wont need to do anything. Either side can request the stay be lifted. The claimant to move forward or the defendant to ask for a strike out/dismissal of the claim if warranted. However, I believe that it will need to be done on application (N244) and it will cost.. £40.00 without and £80.00 with a hearing.

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  • 2 weeks later...

Never fully got to grips with the dates on this tbh lol, last letter said they are awaiting a reply back from santander naomi called the court (thursday 12th rather than friday 13th lol) and was told they have until Wednesday 18th this week to respond.

 

In light of them checking back with Santander for a cca request. Once they find out that there was in fact a request done and not complied with , what would be there next expected decision?

 

Do they have to cease the current case as it shouldn't have begun after a non-compliance of a cca request? or is some other course of action to be expected?

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Thanks asookn. An easy 'fix' for them then. I'll get naomi to look over past letters as I think that they will have acted inappropriately once it was pointed out to them as per OFT 5.4 'Guidance on sect. 77/78/79'.

 

Not really worth more than a brief mention at best I think though. Just enough to have a little prod at them on a legal basis that they have sailed close to the wind.

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Rang the court yesterday, they havent had a response from CCM so its now stayed, i guess its just a waiting game now to see if they respond in the near future

 

Sadly, waiting, is all you can do now. Other than to continue researching for anything that might help if it does go further.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 months later...

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

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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

 

Regards

 

Andy

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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

We could do with some help from you.

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

 

naomi25 had been trying to make payments when santander 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.

 

DCA 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

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  • 1 month later...

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:

[ATTACH]38426[/ATTACH]

 

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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