Hoist/? Claimform 2008 abbey credit card 'debt'

[Feelingdownandout]

no, forget about that

 

 

ah, ok - was kinda hoping that was a feather in my cap

[Guest]

ah, ok - was kinda hoping that was a feather in my cap

 

maybe something they didnt (maybe deliberately) 'mention' in the partics perhaps re a cpr request. but they mentioned an account number.

but, they'll have to disclose the claimed agreement at some point.

[Feelingdownandout]

signature aside, what were the contents of any letters after the last payment?

 

 

Sorry....letters from us to others? or others to us?

 

 

if from us to others, they varied from one letter to Sander with an offer to pay as suggested on this site (that was 2010) and was never acknowledged by Sander, other letters varied from FO to DCA's, prove it letters, a SAR and CCA rqst . nothing was signed, and letters sent by special delivery

[Guest]

letters from you to them

 

did you mark that offer to pay 2010 without prejudice. prob not much of an issue as they'll prob try rely on the def notice re bar, if it comes to it. just wondering.

[Feelingdownandout]

no i didn't...

 

sorry....

 

In 2010 the letters were flying through the letter box.

 

I am not sure if you ever saw the seen in Harry Potter where Ronald Weasley got a letter referred to as a 'screamer' from his mother,

which opened itself and screamed at him before it destroyed itself - well that was what my letter box was like for months and months!!

[Guest]

no worries, see what happens.

 

one of the few that hasnt seen the harry films. but, i can imagine a 'screamer', partic from a Mother in law

[dx100uk]

I reckon we file the SB defence and sod 'em

 

 

its for them to prove its not anyway.

 

 

dx

[Guest]

I reckon we file the SB defence and sod 'em

 

 

its for them to prove its not anyway.

 

 

dx

 

ah, had thought defence already submitted and bar was in issue. am not up to speed with whole thread! ignore my posts, if n/a.

[dx100uk]

got up on mcol and file this as your defence...

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

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 £x or any other sum, or relief of any kind is denied.

.

Regards

nicked from Andyorch

 

 

...just fill in your relevant details

[Feelingdownandout]

08.07.2010 CCA request to Connaught - they NEVER replied... however, according to Sander SAR records it was sent as requested on 21.07.010 and again on 01.09.2010!!

 

Copy of recon CCA turned up in the SAR request. Interestingly the £10 for the SAR was applied to the debt balance! I wrote to sander about this and guess what.... ignored!

 

After 2010 I stopped acknowledging anyone. as dx said, why waste my life and money!

[dx100uk]

go file the sb defence

 

 

dx

[Feelingdownandout]

got up on mcol and file this as your defence...

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

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 £x or any other sum, or relief of any kind is denied.

.

Regards

nicked from Andyorch

 

 

...just fill in your relevant details

 

 

Now I am confused..... sorry!

[dx100uk]

enter that defence on mcol

 

 

dx

[Feelingdownandout]

1 The Claimant's claim was issued on (insert date).

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 £x or any other sum, or relief of any kind is denied.

 

dx

 

Am I correct to complete the bits in red?

 

Also, and I sending off the letters mentioned in the posts prior to this?

 

FDAO

[dx100uk]

yep bits in red

 

 

if you are going to file SB

 

you don't need to send CCA/CPR

however it wont hurt.

 

make's them play their cards

[Feelingdownandout]

yep bits in red

 

 

if you are going to file SB

 

you don't need to send CCA/CPR

however it wont hurt.

 

make's them play their cards

 

 

 

ok - I will do that and file that today.

 

 

if they refute it and send it back I have three questions (and yes cart before the horse I know

 

 

a) how long does it take before I get an answer to the defence?

b) can I defend again or it is one attempt only?

c) after the decision has been made as to what the outcome is will we get a chance to pay it off and my hubby wont get a ccj?

 

 

sorry to ask these questions, just these are in my head and I want to be able to explain them to him wen he asks me.

[dx100uk]

send what back?

 

you are dealing with the court now

not some fleecing DCA that thinks they can walk all over creditors

 

just to be clear

 

you file this on the MCOL website

 

NOTHING ELSE TO ANYONE IN ANY OTHER WAY OR METHOD.

 

it will be the claimant decision then to go with the claim or run away.

 

 

a) how long does it take before I get an answer to the defence?- they must reply in 28 days else claim is stayed

.

b) can I defend again or it is one attempt only? - there are several stages

c) after the decision has been made as to what the outcome is will we get a chance to pay it off and my hubby wont get a ccj?

- if you lose which I very much doubt, there is a windows of 28 days from judgement to filing yes.

 

but you wont lose

I would suspect they will send you silly letters claiming it not SB's etc etc.

 

they will try and wear you down. don't give

 

don't ever do ANYTHING Without checking here FIRST

 

dx

[Feelingdownandout]

send what back?

 

you are dealing with the court now

not some fleecing DCA that thinks they can walk all over creditors

 

just to be clear

 

you file this on the MCOL website

 

NOTHING ELSE TO ANYONE IN ANY OTHER WAY OR METHOD.

 

it will be the claimant decision then to go with the claim or run away.

 

 

a) how long does it take before I get an answer to the defence?- they must reply in 28 days else claim is stayed

.

b) can I defend again or it is one attempt only? - there are several stages

 

c) after the decision has been made as to what the outcome is will we get a chance to pay it off and my hubby wont get a ccj?

- if you lose which I very much doubt, there is a windows of 28 days from judgement to filing yes.

 

but you wont lose

I would suspect they will send you silly letters claiming it not SB's etc etc.

 

they will try and wear you down. don't give

 

don't ever do ANYTHING Without checking here FIRST

 

dx

 

 

 

ok - understood.

 

 

How will they respond - do I need to keep checking the MCOL site or will it come via post?

[citizenB]

ok - understood.

 

 

How will they respond - do I need to keep checking the MCOL site or will it come via post?

 

 

You will be advised by post of further actions that may or may not need to taken.

 

It will be at least 28 days before you hear anything from the court I would think.

[Feelingdownandout]

its all a little scarry...

 

I know that the claimant will come back and state that we made a £10 payment towards this account, therefore not SB. I had posted this earlier in the thread

 

I know this was the £10 that we sent for the SAR (and was a postal order) That appeared on the account on 06/01/2011

- the transaction was called ' CO-EXISTENCE COLLECTIONS IN DEFAULT'

I have no idea what that means,

we did have a sander bank acct too,

but that was closed by them on 30/05/2009.

 

p.s. we also have a mortgage account with sander...

.. do I need to check my mortgage statement to see if they have offset £10 against our mortgage account (which is a joint mortgage)

 

The SAR was sent on 24/11/2009, information received with letter dated 17/12/2009

 

Any suggestions?

 

I have just checked mortgage statements, and there is no offsetting against that. That's one good thing!

 

 

BTW - we don't have ANY information on the old sander bank account. I have never sent a SAR, as the account was closed...

 

Hubby just home from work - he has just told me that Robinson Way called him yesterday! Called him at 11.07 leaving a message for him to call them immediately and not to delay!

 

 

is this usual?

[dx100uk]

doesn't matter, you can prove the £10 was an sar payment.

doesn't count

 

 

http://forums.moneysavingexpert.com/....php?t=3388730

 

 

as for the phone calls, let them play.

 

 

dx

[Feelingdownandout]

thanks for the link. interesting that apart from a mortgage there was no other account. Can the £10 SAR payment be listed as a co-existence transaction if indeed it wasn't!

[dx100uk]

doesn't matter

at the end of the day they would have to prove in court

how it was paid

by whom it was paid

and

by what method.

 

 

your sar will confirm all of those things

 

 

let it run.

 

 

dx

[Feelingdownandout]

Ok, thank you

 

Sander will look silly for attributing the £10 PO for the SAR to the account wont they!!

 

Robinson Way now texting my hubby daily...

 

surely if this is a matter for the courts why are they still harassing him? I have told him to keep the messages and the callers list on his mobile

 

Defence now in as per guidance given here. Am I still apply for CCA and CPR?

 

If so I need to get these in the post today....

 

Anyone have any idea how long Hoist / Cohens take to respond to the defence submitted?

 

Thanks in advance

[Old Cogger]

cannot tell depends if they are serious?