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Everything posted by J2005

  1. No - I said I believed it was statute barred after the establishing the facts bit. They came back and said it wasn't and I said I wouldn't just take their word for that and that if they want to show me payments they can (as I pointed out earlier in the thread, it's just a vague statement saying payment of £30 has been made)
  2. Latest update I received a notification it had been allocated to court and basically once processed it would proceed to the directions phase. However I had now received a letter from the solicitors of the claimant. They've referenced something that has come up in the mediation conversation (I had said it was sb'd, they denied it and said they would check this if they needed to and it proceeded.) They are saying that I have requested (I haven't) and they have checked with Santander who have confirmed the payments were when they referred the debt to other debt collection agencies (and they have named these in the letter). They say this shows it isn't statute barred and invite me to withdraw my defence and may consider allowing me to repay by instalments etc etc Can/should they reference the mediation appointment? Or is this a scare tactic? Or if they have names of companies they say I have made payments to, is it that I need to consider my defence? I could say why I am concerned but I don't want to say anything in case they read these forums (or am I being paranoid?)?
  3. Ok, dx, so just sit tight and go with it? Is it worthwhile me scanning up what they have sent me?
  4. Latest Update: In the Mediation, they seemed to admit they have no evidence of the payment, only the transaction history which I have been sent I can copy this tomorrow and scan it (but it isn't clear on the £30 payment) They did say they would attempt to glean further info from Santander and that it might be the case the payment was made by someone else or on another card SO think they might be suggesting I got someone else to pay for me. They made an offer at mediation of 75% of the debt payable over time. I have until tomorrow PM to accept but they've said they are willing to discuss this matter with me outside of mediation. They were adamant it isn't statute barred. In relation to the questions from jack reacher - they haven't disclosed properly, but I was hoping I might be able to get a low offer, and just move on from it. It's stressful as it is and I want it forgotten. I have only had from them - a copy of my first opening of the account (which was without an overdraft, no copies of T & C's and has my signature on), transaction history back to 2007 (not 2003 when opened) and name of bank chance and debt assignment. I have nothing to show I entered into an overdraft with them - is this needed? As the overdraft was only added later as I recall. Just wondering if their lack of docs may assist me down the line, as well as being SB.
  5. Thanks I have also just noticed on the solicitor letter they say credit card agreement and not overdraft. Not sure they have properly paid attention
  6. Hi, Just to update. Against the initial suggestion I went for mediation. I want this over as it's constantly in the back of my mind and I want it over so I pursued mediation. My appointment is tomorrow. I was hoping I might be able to get a low settlement or repayment plan However I can back from being away with work today to find a letter from Cohens. In it, seemingly in response to my CPR request they have included documents. There are: 1. A copy/printout of my account opening paperwork. 2. A printout of all transactions. 3. A copy of The name change from Abbey to Santander 4. Notice of allocation to Debt collection Now my query relates to 1 and 2. Taking no. 2 first - the printout looks weird. Just looks like a spreadsheet of transactions with the Santander logo stuck on the top. And weirdly they have the last transaction date spread over a long period of time (it's two dates side by side, when all others are seperately itemised) and amounts to £30. Conveniently this is the amount they claim I have paid. However they claim I paid this in two separate instalments. Yet this doesn't show it. Secondly, and possibly more importantly, I had always wondered about my overdraft account. I had this account for years, since I was a kid. Their printout is from 2003, stating it is for a further education account (I started 6th Form at this time and was working). However I didn't start university until 2005. There's no information with the documents about an overdraft (mine is a student overdraft) and there is no mention on it on the document they have sent. Is it likely they have very little? The letter they have sent, I imagine to scare me, says they encourage me to withdraw my defence and their client MAY let me repay over a period of time. Just wondering if this is a significant development as I think it is, that they don't have much in the way of information? And right ahead of the mediation appointment? And I assume doesn't fully comply with my CPR request? It's thrown me slightly on my approach to take now
  7. Just to check. Is that: a. Tick No on the form, which would mean mediation isn't suitable. b. Don't tick no, tick yes and I won't get the CPR request info etc. Sorry, just want to be sure ,Will tell them about date change. Thanks
  8. Update... Yesterday I received a copy of the Directions Questionnaire from Howard Cohen (their postmark now shows Cohen Cramer as a name weirdly, anyway) and today I received an email from the Small Claims Telephone Mediation Service. I'd accidentally forgotten to include my phone no. so will be providing them with that. Two questions I have: The mediation appointment has been scheduled for a date I have pre-arranged to do something on that date (Helping a friend move house). Now I know which is more important, just wondering how likely they are to be flexible and move it? (I'm also away most of that week for work, so would ideally prefer time to prepare for the appointment). The mediation requirement questions. Mediation Requirements Please read the following statements: I can confirm that I am willing to compromise on this matter I can confirm that there has been no police involvement in this matter at any time I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment I can confirm that I can mediate on the date stated above. The answer to 1, 2 and 4 will obviously be yes. However on the 3rd question, i have not had a response to my CPR request. Do I mention this here, or on the phone? Appreciate any support. Thanks
  9. Just sending this now. Do I send one direct to the claimant, or just their solicitors?
  10. Thanks andy and citizenb With regards to payment - nothing. This debt had been left for ages. It wasn't until I got the notice letter then the court papers just after did I look at it. Bar my call to Santander that says I made a payment, there's nothing I have from them
  11. I've now received from the courts: 1. A Notice of Proposed Allocation to the Small Claims Track that tells me it is a defended claim, allocated to small claims track (and to tell them if I don't think this appropriate) and to complete the N180 form by x date. 2. Directions Questionnaire From reading on here, I will: - Tick yes to mediation - Tick yes to small claims track - State my local county court I would like it to take place at - No expert evidence - Me the only witness As an aside I haven't had anything further from the claimant, since the letter saying they would deal with my CPR. I'm assuming that gets brought up if/when it goes to court.
  12. Can I just confirm, their deadline for replying is tomorrow? My calculation is that is their 28 days up? Just so I don't waste my time checking with the courts.
  13. Thanks dx. Little weird that they replied now though, seemingly half way through the defence period, like it hasn't happened.
  14. Today, I have received a letter from Howard Cohen & Co solicitors in response to my CPR Request. Now as you can tell from posts above, my defence was submitted on 3rd July, I have a notification from the courts of this and as I understand, their 28 days to reply is ticking. Now the letter says the following: 20 July 2015 Dear J2005 Claim Info etc We acknowledge receipt of your letter dated 16 June 2015 made under C.P.R 31.14 for documentation mentioned in our particulars of claim. We are currently in the process of retrieving the documents requested. Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate. We trust this is in order. Yours Sincerely Howard Cohen Now I don't want them to use this as an attempt to give themselves more time - now that my defence is in, I assume that the 28 days for them is still running? Is this letter not also a sly trick - a general extension of time but no definition of this nor an attempt to tell the courts, as well as it coming after the 14 days to acknowledge, let alone the deadline to defend! Should I do anything with this? Contact the courts or just ignore?
  15. You need to tell a mini example of something you have been involved in that matches each competence. It's to show you can do the job because you have direct experience of doing exactly that situation. For each of the scenarios you have listed, they may be broken down further into more bullet points (It's been a while since I looked at their application forms so this may have changed.) The best way to do the example is STAR. Situation, Task, Action, Response. So what was happening, what did it require you to do, what did you do, what was the outcome. It's really hard to write them sometimes as something doesn't fit squarely into a neat little 200 word story all the time. If this happens, and you are confident, tell a 'story' that is based around what you do, that you know you would do if the situation occurred. Not lying, more making a rounder and stronger version. This might not be needed depending on your background. Never did me any harm and I worked in a Passport Office, got a promotion, and then in a JobCentre.
  16. Gone ahead with the defence as it is based on the time left before the deadline this afternoon and submitted the SB defence as above. Will make a donation after all the help and guidance I have had. Let's see what happens next now!
  17. Thanks - sorry for asking loads of questions. I hate all this, hence wanting to avoid the CCJ, I don't want another 6 years to start! I am going to file now - I need to apply the logic of there is little I can do now and just see what happens next once submitted.
  18. And if I was to not be? I don't think I can say I am 1000% - theres always that doubt to think what if I did make them payments and I cannot recall?
  19. Just putting my defence together then, having done a bit more reading on the Legal Successes board and other claims ongoing. My defence based on SB is below. I just have a few questions - sorry of they are often asked or not necessary, just obviously this moving closer to the point of no return, I worry and get concerned.... ...I don't believe I have made a payment but as I have said in here, they think I have. It's just about them proving it now. If they do provide some proof, is it automatic judgement, or may mediation, a court case still come in to effect? .... I haven't had any reply to the CPR letter - is there anywhere I should mention this in my defence or use that in any potential next stage? I ask as the account was set up well before I ever got an overdraft so I don't know what documents, signed or otherwise may or may not exist? I've been advised to not contact the solicitors and ask for them but I read elsewhere I should ask them? .... I didn't get the ten days they suggested I would have before legal action was taken as I didn't receive the letter when they claim to have sent it according to the date on the letter. Should I mention this or again is that one for the next stage if they were to prove it isn't statute barred? ....Is my defence ok or do I need to add anything else, keep it factual or add a narrative? I assume the amount in point three is just the total amount they have put on the claim form? Sorry again, just lots of questions and queries in my head. SB Defence. 1. The Claimant's claim was issued on 3rd June 2015 2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3. The Claimant's claim to be entitled to payment of £1,967.76 or any other sum, or relief of any kind is denied.
  20. So go with the SB defence even if they are claiming payments were made (as Santander said?) Do I make any reference to the fact they have still not yet replied to my CPR request, or would that come down the line, if this were to be successful or not?
  21. Yes, sorry - CPR. The letter you linked to. So I just leave them to reply before my defence is due next week?
  22. I posted the CCA letter last week as I commented. I have proof of delivery to the solicitors on 18th June and to the claimant a few days later. I haven't received any acknowledgment yet let alone the information I requested. Should I chase them?
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