Response by Howard Cohen/Santander **WON** (claim struck out)

[hammyhound]

Thanks Craigers, we are pushing ourselves to offer £50 but as Cahoot were one of the ones that weren't ringing us up every minutes of the day thought they should get at least a large part of our available income.

 

I would have thought they would have been happy with some money. Better than nothing at all.

 

HH

[dpick]

Hi a DCA or the original creditor can not demand that you pay any amount a week/month etc the only one that can is a judge in court. If you have more than one creditor then calculate your disposable income and divide that pro-rata between your creditors and pay each that amount a court would not ask more than that and have been known to set a lesser level of payment. A friend on benefits was ordered to pay £5.50 a month by a judge as this was all the judge though they could afford.

 

dpick

[dx100uk]

pay what you can afford and keep doing it & pay the OC not any DCA.

 

DCA's have NO LEGAL POWERS.

all they can do is sent threat-o-grams.

 

and stay off that phone!!!

NEVER talk to anyone about your debts demand everything in writing.

 

also, bear-in-mind, NO-ONE! has any right to see ANY of your personnal financial details! only a judge can demand that.

 

dx

[hammyhound]

Thanks for your comments.

 

I dont speak to anyone on the phone but because Cahoot asked us to ring them I though it was in response to our request.

 

It seems mad really, if we pay what we can to Cahoot they said they will be sending it to a DCA after 3 payments anyway.

 

Will just wait and see what transpires - does anyone know who Cahoot use as a DCA.

 

HH

[dx100uk]

well let them

just ignore it and keep paying cahoot

 

dont pay attention to idle threats

that is all it is, they DO NOT care how they get their share of your money.

they will say anything on the phone.

 

it is YOUR money, you CONTROL IT!!!

 

dx

[royboy68]

Hi a DCA or the original creditor can not demand that you pay any amount a week/month etc the only one that can is a judge in court. If you have more than one creditor then calculate your disposable income and divide that pro-rata between your creditors and pay each that amount a court would not ask more than that and have been known to set a lesser level of payment. A friend on benefits was ordered to pay £5.50 a month by a judge as this was all the judge though they could afford.

 

dpick

 

Surely the original creditor has every right to demand his contractual rights under an agreement. Failure to maintain your contractual dues could end up with the creditor applying to the courts to attempt to force someone to comply. Going down this rout could end up with CCJ being recorded but as you say would probably obtain a reduced payment. The only other way i can see of getting a judge involved would be by applying for bankruptcy.

Dont even get me started on the DCA side of things. What a bunch of bloodsucking parasites they are breaking all the rules and quite often breaking the data protection act. I dont know if people realise this but if an account is passed for doorstep collection or as they put it being visited by one of our field agents, the account is posted along with many others to a self employed agents home address where it quite often is kept in an unsecure place viewable by any person who enters the house. On the account sheet you would usually find the debtors full name, address, account number, DCA reference number along with any telephone numbers recorded.

[debbbbsy]

Hi hammyhound,

just an update. I did the letter to HC, I told them that the Storecard Application they had provided was not the agreement they referred to in there claim, I pointed out the difference between a storecard & a credit card, & the T&C's differ.

Letter from HC today, they have informed the courts that they have discontinued there claim.

Good luck with yours.

 

Debs

[hammyhound]

Well done Debs.

 

What was the letter you sent them as our card has always been a store card, was never reverted to a credit card its just that they are relying on the old agreement and have not come up with the one they claiming .

 

HH

[debbbbsy]

Hi,

same applies, they have to supply the agreement that they refer to in their claim.

Debs

[hammyhound]

Thanks Debs,

 

It is with the judge at the moment for directions apparently. They filed their AQ 4 weeks later - they dont bother about timescales they just do what they like.

 

Would it be worth sending a letter now though.

 

HH

[debbbbsy]

I filed my AQ with a Draft order for directions. According to the Clerk at the courts,HC had to respond to the AQ by the same date. The next day the judge did the court directions. Giving them 2 weeks to comply.

 

Yes, do the letter to them directly, point out that they have to supply the credit agreement. They HAVE to present the origonal in court to enforce the debt.

Send it recorded to Howard Cohen, even though its a PO Box Number.

[hammyhound]

Just an update and some help if possible.

 

Had an order from the Judge saying "the claimant confirms that this matter is suitable for mediation and that we should mediate and I have to contact the court within 7 days.

 

What should I do?

 

HH

[dp77]

That sounds like the claimant has blinked, HC is not noted for his willingness to negotiate, if he thought he could win he surely would not ask for mediation.

 

Is mediation a court process, or something that is supposed to take place only between the two parties? Either way I think you must contact the court, it will look bad if you refuse to mediate.

 

You need someone with more experience to advise you but in my view this looks good for you, HC is a snake, he would not mediate if he thought he could win in front of a judge, not a chance in hell of that.

[citizenB]

There should be a number on the letter that you received. You will need to phone that and you will be advised further.

 

I dont know much about the process, but I understand there will be someone kind of refereeing

[hammyhound]

I will contact the court tomorrow, it is not even my local court so I don't really know what's going on. I just wondered if anyone else had been through the same process.

 

How can we mediate without an agreement and valid DN is beyond me. Quite happy to go to mediation but I think it will end up back at court.

 

HH

[citizenB]

I will contact the court tomorrow, it is not even my local court so I don't really know what's going on. I just wondered if anyone else had been through the same process.

 

How can we mediate without an agreement and valid DN is beyond me. Quite happy to go to mediation but I think it will end up back at court.

 

HH

 

It could be that your local court doesnt have a mediation section, HH. Might be worth mentioning when you phone. Also point out the absence of the documents and your concern that it would make mediation a bit awkward.

[hammyhound]

Spoke to the mediation service today.

 

Very helpful, explained that we could not mediate without the documents referred to, she spoke to other side who said they would get the appropriate documents out to us, liars, they haven't got them or they would have sent the correct documentation out to us weeks ago. She has advised them that the agreement should be the one that is on their POC not the old agreement. They said they would send it out to me!!! They are up the swanny without a paddle as there is no agreement, it was an upgrade

 

The lady at the mediation said if we have not heard by Wednesday to call her, very nice and understood my predicament.

 

Feel better today.

[DonkeyB]

Well done. Their bluff has been well and truly called.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/236641-oft-lenders-must-not.html

 

HH, good. Sounds like the mediatior section is on the ball. Have a read of the thread above... nothing to do with mediation but everything to do with not having a agreement

[hammyhound]

Just an update.

 

Despite all the efforts of the mediator and HC saying they have all the documents no mediation happened as HC didnt send anything. Mediator asked them for the DN and NoA, they admitted they did not have these and would reconstruct the DN if necessary:eek:. No new agreement either.

 

The mediator was really helpful and said that she would pass the matter back to court as there was no scope.

 

Got a notice of allocation from the court today for hearing.

 

They have to pay £150 for the hearing in 2 weeks time. This is where I hope they discontinue but anyhow if they pay it mentions that we have to serve on the other party all documents we intend to rely. What documents would I then serve - I assume everything I have received since the court case began.

 

It also mentions that all original documents have to be brought to the hearing so that is good for me I think.

 

Will come back in a couple of weeks for some advice.

 

Thanks for looking

 

HH

[ski1382]

Am also undergoing a battle with HC at the moment - although you are a lot further on than me. It is good to be able to see what tricks he is likely to play.

 

What I cannot understand is, clearly he does not have the documents he is going to require so why push on with the case which he must know he cannot win. Quite obviously he knows this in fact, since he wanted mediation rather than a court case.

 

Will 'reconstruct a DN'? Is that not otherwise known as a forgery??

 

This one is going nowhere - but on the plus side, it is costing him money and not you.

 

Subbing with interest.

[hammyhound]

Its madness really,

 

they were the ones who wanted to mediate and when they couldn't produce the documents they asked for a further month from the mediator who told them no. She said she has a few cases with HC and CL Finance and all of them are a nightmare she says. They said in their AQ that they wished to mediate and yet cannot produce the documents.

 

I am really annoyed that we have to go to a hearing because of this but I am well armed. I am waiting to see if they pay the hearing fee first as the order does say "if no fee is paid by ....... the claim will be removed from the list.

 

How can they reconstruct a DN unless they use Santander letterhead and that would be forgery.

 

Will pop back after the deadline for their payment to keep you updated.

 

Thanks for looking

 

HH

[GhostDebt]

Hi HH

 

They can reconstruct DN's from screenshots but whether they are allowed to is another argument.

 

I would suggest looking into your trial information requirements and put a skeleton argument together to be on the safe side.

 

Also, you need to look into your costs and should they pull out you would need to make a wasted costs order.

 

Regards

[hammyhound]

Thanks Ghostdebt

 

Have spent most of the morning looking at your threads and picking out bits and pieces.

 

Does my skeleton argument have to go with my bundle to be filed at court. My bundle is agreement they sent (incorrect account number) and statements with dates missing and oh yes my DN which is invalid.

 

HH

[postggj]

what the hell are they talking about

they cant reconstruct the default notice

its a legal document

it needs to be a true copy of the original and be submitted to the court with a statement of truth that it is a true copy

 

cretins

 

this is the second thread where cohen has tried this

 

ill try and dig it out