Hi IMS21, Andyorch and CitizenB, I so appreciate ALL your inputs. In answer to the question re charges etc. The PPI payments totalled £840.00 and with compound interest £1255.00 The charges were not large - £120.00 and with interest £147.00 My feelings were that I should be compensated for the fact that when I was unable to meet the payments due to my business being in financial difficulty, I should have been able to have had the payments covered or the balance cancelled. After all it was called "Balance Cancellation Insurance"! I was told that being self employed I would have to be declared insolvent. What a ripp off. If I was insolvent, the recievers would have cancelled the balance anyway! Struggling to meet the payments obviously added to my hardship:-( Anyway, that's my rant for the day! With regard to andyorch's comment "From a financial point of view I personally would accept the offer of a TO providing that the figure offered is also acceptable on monthly terms." The solicitors stated in their last letter that the offer applied to a full payment only, and if I wished to pay on monthly terms, then this would be against the full balance and costs! I do not have the means to pay the solicitors asking figure. In fact it would be a struggle to find the £1000.00 I offered! As the solicitors have not mentioned PPI compensation anywhere in their communications, perhaps I should make an offer of monthly payments and persue the PPI compensation directly with Santander? Additionally, should I be arguing that the DN is unlawful? I look forward to your responses....... WGFA

Thanks

Hi Guys Well I waited a while as Citizen B suggested and all I see is tumbleweed:violin: Thing is - I am running out of time as solicitors say they will lift the court stay and then it's back to square one..... Should I now be counterclaiming the PPI via the court as they rejected my offer? Or is this a seperate issue? Can I argue the default notice is not enforcable? HELP!!! I have 7 days left before they take action........ WGFA

Thanks citizenB I wasn't aware there was an issue with the default notice! Also just noticed a message from andyorch back in June 12th asking "BTW the agreement is a Internet application are there any signatures on that CCA?" Of course the answer to that is No! I don't know how I missed answering that! I look forward to anyone's thoughts........ WGFA

Hello there. Well I am back again. Not brilliant news, but still remain hopeful...... Firstly, I wrote to Santander's solicitors on June 26th with an offer following the advice recieved on this Forum. That letter is attached (Offer p1 and 2) I recieved their replies July 31st dated July 24th. (Also attached) I promptly phoned to acknowledge the letters, stating I had only just recieved it and required 14 days from Aug 1st to respond. They agreed to this. So I have till August 14th to reply. The first letter appears to be just a confirmation that I had the so called "insurance" with a poor photocopy of the policy (not attached) and a confirmation that I wasn't eligible to make a claim! It also completely ignores my PPI claim. The second letter sent without prejudice I noted, rejects my offer outright and suggests a derisory repayment of 75% of the total sum claimed. I would appreciate any advice you wonderful people can offer, as I am unsure what to do next. I look forward to your response(s) WGFA drydensfairfax counter offer letter page 1 July2012.PDF drydensfairfax insurance policy letter july2012.PDF drydensfairfax counter offer letter page 2 July2012.PDF Offer 26.2.12 p1.PDF Offer 26.2.12 p2.PDF

Hi Andy and everyone who reads this. I calculated my PPI payments using your spreadsheet and then I called Sols this afternoon and said: "I wish to acknowledge your letter dated May 30th and the info provided. It looks like I may have to accept liability for at least part of your claim, but would like to draw your attention to the fact I paid balance cancellation insurance on this account amounting to £1400.00 with interest. When I got into financial difficulties, and tried to claim on the insurance I was told I wasn't covered. This caused me to get behind with repayments and penalty fees etc., all of which I think should have been covered. Therefore I believe I have grounds for compensation. Would your clients be willing to come to an out of court settlement?" Their response was firstly to question why I wasn't covered. When I explained that I was self employed and had not become insolvent and didn't intend to and was also not unemployed therefore the insurance didn't cover me he said he understood what I was saying. (I have recorded the conversatiom) He then asked what settlment figure I had in mind, to which I said I needed to consider this carefully, and was simply sounding them out. He said they are open to offers and asked me to put a proposal in writing and to mention the PPI claim, which he would pass on to Santander and they would refer to their complaints department and would take this into consideration. So a fairly positive response I think:-) Question is..... How much should I offer as a full and final payment (Clients are claiming £3,300.00) Also a quick question regarding the PPI claim speadsheet. I entered all the ppi payments made and entered 15.76% which was the cards apr. I read elswhere that the courts accept 8% compensation for interest. Am I correct in thinking this should be added into the calculations somewhere? Finally, can late payment and default fees also be claimed back and if so, are they subject to interest reclaim? Thank you once again for all your help so far WGFA

Hi Andy Thanks you. That clarifies things a lot:-) Just one thing: Should I approach Sols in writing only, or is it ok to call them? WGFA

I filed a defence August last year stating "I dispute owing monies to Santander Cards UK Limited. I believe I have never entered into a contract with the aformentioned claimant and have written to Fairfax Solicitors Ltd requesting documents including the original credit agreement. When I have possession of all these relevant documents I shall be able to structure my complete defence." I also sent a CPR request tothe claimants solicitors Fairfax. They then finally replied (letter dated May 30th 2012) with information. See posting and copy of letter and documents earlier in this thread.

Thank you Andy for the info. If I am making a counterclaim, isn't that different from a part admittance? In which case, can I still use form N9A and N9B? Thank you everyone for all your advice so far Do you think my next move could be to write to Drydensfairfax advising my intention to counterclaim (their 14 days notice expires tomorrow so I need more time and I don’t want the stay lifted do I?) I paid at least £1000.00 in PPI plus default, missed payment charges not to mention interest. It will take me a while to work out the total if at all possible; as I’m not sure I have all the statements If the Balance Cancellation Insurance was valid; when I tried to claim on the insurance (which I did) then the balance would have been wiped out, so could I argue I don’t owe anything? Of course it turned out the insurance didn’t actually cover me as I was self employed. Could I also suggest coming to an out of court settlement using the above arguments stressing the fact the debt would have been wiped out had the insurance been valid? Cheers for your time WGFA

Thank you:-)

Thanks for the responses. Yes it was the very same balance cancellation cover detailed here: http://www.dorothyperkinscard.com/en/account_cover.html £1.50 per £100.00. I have found a copy of the policy and it states if self employed, I would have to be declared insolvent, ceased trading or in the process of being wound up. Surely if I was insolvent, then the liability is wiped out anyway! What a con. So if I consider counterclaiming, do I do this via the court or write to the claimants solicitors, Drydensfairfax? Also, how do I ask for an installment plan to be put into place as suggested by citizenB........ Cheers, WGFA

Thank you again! Not sure if I could counterclaim as I naively only enquired by phone about claiming and there is probably no record of the call. I angrily then cancelled the cover of course.

PS I don't have the funds to pay the claim.......

Hi CitizenB, That's what I thought too:-( I don't recall whether I recieved the default notice or not. I have just searched for it and not found it. I was going through a heavy bereavment at the time of default and really struggling financially. I stupidly used this credit card (and others!) to bolster my business as I tried to stay afloat. Ironically, I had what was called balance cancellation cover on this card (ppi?) and when I enquired about claiming, I was told I wasn't eligable as I was self employed! Any ideas about what I should do? WGFA

Hello again:-) Info requested is posted below Thank you for your time WGFA default service date.PDF default notice.PDF

Hi there. Sadly this thread is back! Eight months on and Fairfax Solicitors (now Drdensfairfax) have reared their ugly heads again:-( Back in August last year I requested a copy of the credit agreement and default notice from the claimants (Santander) solicitors (Fairfax) and after 28 days they had not complied, so the court stayed the claim. I have now recieved a letter dated May 30th with an apology for the delay and enclosing "the documents" I requested. Said letter and relevant parts of the documents are posted below. The letter gives me 14 days from the date of the letter to make payment or payment proposals or they will apply to the court to have the stay lifted. This means they expect a reply by next Wednesday! Any help would be humbly appreciated........ WGFA Letter p1 30-05-12.PDF Company House.PDF Letter p2 30-05-12.PDF Credit agreement.PDF Guidance Notes Signature.PDF

An update Hi there. As detailed above, I filed a defence 16th August 2011, stating I had requested a copy of the credit agreement and default notice from the claimant. The court acknowledged that defence by letter dated 19th August (see court reply 01 above) stating the claimant (solicitor acting for Santander Cards) had 28 days after recieving my defence to contact the court, after which time the claim will be stayed. I recieved a letter from the claimants solicitors (see fairfax reply 01 above) dated 2nd September 2011 stating amongst other things that they would request these documents from their client (Santander) Since then, nothing has happened and the 28 days + service is up. Pardon my ignorance, but this appears to be good news? Can someone tell me what stayed means and is there anythiung I should do at this stage? I would appreciate any help available. Thanks in advance, WGFA

Hello again. I am back! This posting is an update with the latest correspondence: Firstly, I recieved a reply from the court the other day acknowledging reciept of my defence: see attachment "court reply 01" Secondly, I recieved the following letter from the claimants solicitors today (Sept 3rd) dated Sept 2nd: see "fairfax reply 01" I would appreciate any feedback in response to this mail and any advice as to whether I need to do anything more at this stage. Many thanks court reply 01.pdf fairfax reply 01.pdf

Hi citizenB - Thought you might like to know the link to the CPR31.14 letter in the 'pt-legal issues pdf doesn't work. It's ok though, rebel11 also gave a link to another: '....consumerwiki............Your Advantage' Have a great day

Yep

Hi again. Yes GE Money was the original creditor. I believe they bought GE Money or something. I remember getting a letter from Santander telling me they had taken over the account and that I wouldn't notice a change except the direct debit payment would read "Santander" instead! I will look at the statements later for clues. Thanks

Hi there. Thanks for your response. It's ok - I ackowledged service in time and I called the court last week, and they told me I needed to file a defence by the 22nd and so I filed a defence online last week on 19th saying "I dispute owing monies to Santander Cards UK Limited. I believe I have never entered into a contract with the aformentioned claimant and have written to Fairfax Solicitors Ltd requesting documents including the original credit agreement. When I have possession of all these relevant documents I shall be able to structure my complete defence." I read in the thread not to send the CPR request yet but to have a good read, but I can send tomorrow recorded delivery Thanks

Ooops! I missed removing one of the barcodes on the atachment. Eventually I sussed how to remove the posting:| So here it is again without the barcode! cc.pdf

Hi dx, citizenB and rebel11, thanks for your responses. Any help is much appreciated:-) I was away at the weekend, hence the slow reply. The issue date of the ccj was 19 JUL 2011. (I know I said I recieved it then - I guess it arrived a few days later) Yes I was charged late payment fees, and overlimit fees! Of course it was thier own charges that took the balance overlimit! I also paid what they called balance cancellation cover, which I guess is PPI. (I cancelled this end September 2010 in an attempt to save money) The fees for this cover were £1.50 per £100.00 of the balance..... It is probably irrelevant, but the typed "signature" of the claimant on the ccj is misspelt! I also wondered if it is relevant that I had some sort of agreement with GE Money and not Santander, so do I actually have any contract with Santander? Anyway, here is the scanned PDF of the form as requested. I hope it is of some help. I look forward to your response(s)

Hi. I am new to this forum, so please excuse me if I don't post this correctly! Firstly, I want to say I have spent quite a lot of time on this site and am very impressed with the amount of helpful members out there - I am hoping you guys can help me make sure I am going about things the right way! I recieved a CCJ from Northampton CCBC on July 19th 2011. The claimant is Santander cards Ltd and the address for sending documents and payments is Fairfax Solicitors. The amount of the claim is £3000.00 (ouch) for a PayPal credit card which I think I took out around the beginning of 2008. I defaulted on payments a few months ago due to lack of finances and the result is this CCJ. I filed an acknowledgment of service online last week, and filed an initial defence (online also) today Aug 19th. stating: "I dispute owing monies to Santander Cards UK Limited. I believe I have never entered into a contract with the aformentioned claimant and have written to Fairfax Solicitors Ltd requesting documents including the original credit agreement. When I have possession of all these relevant documents I shall be able to structure my complete defence." I need to write to Fairfax Solicitors requesting these documents, and am a bit stuck as to what to write! I see there are template letters in the forum, but am really not sure which one to use. BTW, I was paying PPI on this account until I cancelled it about a year ago. To be honest, I am not exactly sure of what I am doing! and would appreciate any advice. Thanks for reading this.