The case is between myself and Santander. I am arguing that. My original credit agreement was not with Santander and that I have not been issued a new one. This was both of my defences.
I have requested a CPR 31.14 Request, on the 24th October 2013 (faxed and confirmed) to Howard Cohen and Lewis debt recovery to which Howard Cohen has responded on the 1st of November, received on the 2nd of November. Unfortunately neither parties have given me the information I require to make my defence within the 14 days deadline. Due to my 28 days allowed to file my defence. I do so without the full evidence. So therefore have no defence to rely on. However
this information was requested from Santander prior to this being passed down the line. On the 20th of February 2013. They have also failed to provide me with the proof of debt. Therefore I believe this should not have been passed on without sufficient evidence. I also believe there is a clear breach of data protection.
Having now received only part of the requested documentation I am amending my defence.
The CCA received clearly shows an agreement between GE Money and Mrs Gardner, however contrary to the agreements own terms it is not signed by a rep of GE Money nor is dated for the agreement to start as clearly laid down.
The solicitor as brought to my attention that Santander took over GE Money in 2009, but no new agreement has been signed nor applied. They continued to take payments under the direct debit that was not re-issued nor was I informed that Santander had taken over the company. They changed interest rates and are no longer trading under 'ASDA' Credit cards.
So on four counts have breached the agreement and are no longer providing the service I signed up to dating back to 2004.
I must bring to the courts attention the signature on the 'Claimants' form, as not signed correctly under the CPR Practice
Direction 22 as I am lead to believe it should be a person.
I also take it the acting solicitor is employed by Santander under the solicitor’s code of practice.
I can only provide part evidence as the requested documentation has still not been provided but I believe I have retained.