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Letter from Howard Cohen & Co.


shane247
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Just got a letter from them acting on behalf of Santander, to which i owe £662.14.

 

'A claim has today been submitted to the County Court for issue. You should respond to the Claim immediately upon receipt.

 

Payment in full including costs will prevent judgment being entered against you.'

 

I've CCA'd Santander in the past and they provided me with what the majority of people on here believe to be a true CCA, so therefore I would happily set up a monthly payment agreement with Santander but they refuse it and tell me to deal with one of their DCA's. I'd rather eat nails than give money to a DCA.

 

What can i do? I'm not a fan of going to court.

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Is this the first letter you have received from Cohens?

It is more than likely the usual hot air to convince you to ring them.

Payment in full will prevent judgement being entered against you, so too would them losing the case.

Is there a DCA involved? Cohens say they are acting for the OC. Doubtful.

A few more details about the debt would be useful

Is it credit card, loan, overdraft, ect.

How old is the debt?

When did you last acknowledge or make a payment towards the debt.

Have you received a default noice or termination letter?

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Yes, this is the first i've heard from Howard & Cohen. Santander gave my account to Viking, but i refused to pay Viking so they've not been in touch with me for quite a while and then i got this letter today. Howard & Cohen say they are acting on behalf of CL Finance Limited in the letter.

 

The debt is for a laptop i bought on credit, a pay monthly deal. Fell behind on payments after losing job. The debt is about three years old. I can't remember the last time i made a payement, it was a long time ago though.

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Suggest you contact CCCS, type it into google, they will help you with a Income/Expenditure summary to send to the creditor, if this is rejected it will go against them in court

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Stand up to the feckers, you'd be surprised how easy it really is and how much help and advice is available on here.

 

Post your CCA minus, any personal details and BARCODE (some people forget).

 

The chances are they have messed up somewhere they usually do.

 

You defend they run off like the Cohens they really are. In the unlikley event it gets to court, the court will only ask you pay what you can afford, which is what you would do anyway.

 

What have you lost?

 

Look you have nothing to lose apart from a bit of effort and a real chance to send then into the swamp they came from.

 

Your choice but the more we stand up to this pond life the more things will change.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Thanks for your encouraging post, UnmoderatetheNet. :) I got the claim form from Northampton court today hmph. :mad: I'm gonna mull things over and think about what i do next. Never thought it would come to this! Santander are cretins. I will post the CCA up again soon once i find my scanner haha.

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CPR 18 REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen (14) days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Debenhams.

 

c. True copies of any notice of assignment and default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen (14) days.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely

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Okay then, that's what i'll do. If the matter does go to court, do you think the court date will be before the end of this year? Or does the procedure take longer than that? Sorry for all the questions, some of them random, but i'm only 21 and new to the whole court thing.

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What are the odds of me really winning this if the CCA they provided me with is legit?

 

Also, when filling out the acknowledge of service do i intend to defend all of the claim, or part of the claim?

Edited by shane247

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