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About Cena34

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  1. Thanks for the quick reply so is it just as simple as ticking box D - I dispute the debt because - It's statute barred. Do I need to expand on this as to why I think it is SBd or is that not needed?
  2. My partner had a Tesco Credit Card that we stopped paying years ago, last payment seems to be August 2011. She gets letters every now and again from Robinson Way that I just ignore and they go away again for a few months received a Pre-action Protocol letter this morning from Howard Cohen & Co and wondering whether I need to do anything or still ignore. As the last payment was so long ago I was thinking the debt would be statute barred by now in 2014 Tesco wrote to her about a PPI refund which she took, hoping to get some money from them and against my advice, but it was just taken off the debt and I'm not sure how this affects the statute barred status? I'm a little bit out of the loop now with what the correct process is for this kind of thing, what letter to send when etc. so any advice would be gratefully appreciated.
  3. I need to dig all the paperwork out that she's had from Tesco to check for a notice of assignment, I've got a feeling that there is one but that might have been for one of the many other debts! If there is a notice of assignment am I OK just to send back the document Tesco have sent or am I better writing to state that it can't be offset because blah blah blah. I also read that they can offset everything except the interest, is this right? Thanks for the speedy reply.
  4. My partner has been offered a PPI refund from Tesco for a credit card she had with them, they wrote to her with a questionnaire and have now come back with an offer. The credit card account hasn't been paid for some time and we've had the usual runaround from Tesco and various DCA's. I've done CCA requests whenever a DCA has written and they've all disappeared and we've heard nothing from anyone for a while. On the offer from Tesco it states 'By signing this form I confirm that this offer is rightfully mine and the payments will be applied against any outstanding arrears and any surplus will be issued to my bank account'. There would be no surplus. From looking at a few other threads it looks like they can offset in some circumstances but I'm not sure whether they can in this case, I'm not 100% sure whether the debt has been sold or just assigned to a DCA, does this make a difference? I haven't done a SAR, should I do so? I've roughly worked out the figures for the offer that they've made and I'm happy that it's about right. Anything else I should be doing to try and get the full refund? As always any help is gratefully received.
  5. Thanks Ford, the original balance was my thoughts to be honest but was going to start much lower and see what I can get out of them...if you don't ask you don't get!
  6. Right then after talking to Mrs Cena she doesn't want to try and defend and wants to try and reach some agreement with the solicitor, it is her account so ultimately it's her choice, a CCJ wouldn't be ideal for her either due to the type of job that she does. I've been through all the different options for a defence and would like to thank everyone for their help so far. She's emailed the solicitor and they've agreed to speak to me on her behalf so when I do speak to them obviously I want them to think their case is weak so do I reveal my hand with regard to potential issues with the S78 faults and more importantly the default notice or not? What kind of figure should I be trying to negotiate with them as a fair proportion of the outstanding balance is charges which if I was defending I would have counter claimed for (I think??) the card had a credit limit of £500 and was slightly over this when we stopped paying it, the court action is for a total of £816.27 (£691.27 + £55 court fee + £70 solicitor costs). The original balance of £500(ish) would have also had it's fair share of charges for late payments etc but I don't have all the statements to work out a proper figure but the solicitors won't know that! Any advice as always is gratefully received
  7. I think we might be getting sidetracked with the s78 request here a little bit the particulars of the claim are the agreement that the solicitor has provided and looks to be good and the default notice which definitely isn't a copy of the one that was originally received. Ford has mentioned some cases where cases have been one because of the DN not being right but this does seem a bit of a long shot but why have the solicitors produced a DN that wasn't the original???
  8. Ah I wasn't reading it that way. I read it that they should provide a copy of the signed agreement in it's original form and a copy of current T&C
  9. Mystery1 - I'm getting a bit confused now! Para 108 states - Accordingly, I conclude that Reg. 7 requires a copy of the executed agreement in its original form as well as a statement of the terms as they are at the time of the request. Does this not mean that they only have to provide the terms as they are at the time of the S78 request?
  10. The agreement provided by the solicitor and Santander is the same. the terms and conditions are different and I'm fairly sure that the T&C provided by the solicitor is the ones that would have been issued with the card and the T&C provided by Santander are the most up to date. I think the default notice provided by the solicitor will be the one they are relying on as that is what they produced after the CPR 31 .14 request but I'm fairly sure they have thrown this together based on information they hold as it is quite different than the one sent by Santander in March. I have got much bigger debts and would definitely take my chances at court with those but this is for a relatively small amount and doesn't seem worth a CCJ....decisions decisions!
  11. Just going through all the paperwork again, the credit agreement and terms I received from the solicitors were as a result of my CPR31.14 request as these were mentioned in the POC so therefore they didn't need to provide me with a statement of account? IS this correct? The CCA/S78 request I did to Santander (really to see if they provided anything different than the solicitors) has provided me with a statement of account. So it looks like the solicitors have provided what they needed to or am I missing something? The default notice angle seems OK but I'm not sure this is enough for a defence...thoughts?? I'm considering contacting the solicitors after working out exactly what is owed, deducting charges etc to see if they will accept a figure in instalments, if they do what happens to the court action? Should I mention Tomlin orders or try to reach agreement without doing so in case I have problems further down the line with repayments. Another thing I've just noticed is the default notices I've received are different! The original default notice received in March from Santander states arrears of £153.43 yet the one received from the solicitors states arrears of £337.95 and is set out slightly differently but both are dated the same!
  12. Got to go out and pick the Mrs up, will read post #70 when I get back, thanks for all the help so far
  13. In the document from the above link it says - © if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken so that implies at should state a specific date, but further down there is an amendment - Para 3: in sub-paras ©, (d) words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3. Date in force: 19 December 2006: see SI 2006/3094, reg 1. Is that just the amendment from 7 days to 14 days and the first statement is correct? Just looking at the default notice, it says - To remedy this breach you must pay the arrears within 14 days from receipt of this notice. You may telephone us on 0845 600 0025 with you payment proposals. IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. The 'BEFORE THE DATE SHOWN' part is highlighted on the default notice but there isn't a date shown just the statement '14 days from receipt of this notice' Am I clutching at straws??
  14. OK so the default notice should have a specific date on not just 14 days from the date that is on the notice? Is there anything in the two different sets of terms and conditions that I received from the two CCA requests I did (one to solicitors and one to Santander)?
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