Can a sold debt be called in under the CCA if we didnt sign a credit agreement with them??

[buttons1987]

Hi My OH recieved papers this morning from Northampton county court for a claim from a solicitors acting on behalf of Santander Cards UK Limited.

The gist of it is, around 18 months ago we got a couch ect threw DFS who put us on a 0% interest for 4 years and 1st year payment free, the payments were due to start 6 months ago but during that time we have moved house, it was about 11 months after signing the agreement. When we moved we called DFS to get contact details for the loan company in order to change our address with them, to which DFS gave us the contact info (reason we needed contact info was because on the credit agreement we signed there was no contact number and only a PO BOX address to write to).

When we called the company we were informed that our debt had been sold to Santander Cards UK Limited 3 months previously and should contact them, which we did and changed the address contact info with Santander.

Well to our own fault entierly we completly forgot about making the repayments when they were due to start. When we did recieve letters from them there was no reference name or hint as to what we were ment to be paying for as the letter only ever contained a huge reference number and very little else, to which we didnt really pay any attention to (reason being is we are curently taking court action with Santander bank in order to recoup £10k they took, and as the letter was so similar to the other one we just filed it under their attempt to intimidate ect)

What i want to know is if a debt has been sold does the credit agreement still stand even though never signed upt to any of their T's&C's?

We're not fussed about making the repayments as we can afford them, evn the missed ones which we did contact them about and were told we had to make a lump sum payment to clear that off first before we could go any further, unfortunatly we cant afford one large lump sum so we asked if we could spread the missed payments out accross the remaining years of the agreement, they said no. but would do it over 3 months.

We were due to make a first payments on 1st october and so on. But now we have these court papers that were apparently submitted back in August. I dont even think we recieved a default notice from them. Most of the info we do get from this company is sketchy at best.

So can he challenge it?

[AndyOrch]

Hi My OH received papers this morning from Northampton county court for a claim from a solicitors acting on behalf of Santander Cards UK Limited.

The gist of it is, around 18 months ago we got a couch ect threw DFS who put us on a 0% interest for 4 years and 1st year payment free, the payments were due to start 6 months ago but during that time we have moved house, it was about 11 months after signing the agreement. When we moved we called DFS to get contact details for the loan company in order to change our address with them, to which DFS gave us the contact info (reason we needed contact info was because on the credit agreement we signed there was no contact number and only a PO BOX address to write to).

When we called the company we were informed that our debt had been sold to Santander Cards UK Limited 3 months previously and should contact them, which we did and changed the address contact info with Santander.

Well to our own fault entirely we completely forgot about making the repayments when they were due to start. When we did receive letters from them there was no reference name or hint as to what we were ment to be paying for as the letter only ever contained a huge reference number and very little else, to which we didnt really pay any attention to (reason being is we are currently taking court action with Santander bank in order to recoup £10k they took, and as the letter was so similar to the other one we just filed it under their attempt to intimidate ect)

What i want to know is if a debt has been sold does the credit agreement still stand even though never signed upt to any of their T's&C's? Yes and its been assigned which they should have informed you or maybe did to your previous address

We're not fussed about making the repayments as we can afford them, evn the missed ones which we did contact them about and were told we had to make a lump sum payment to clear that off first before we could go any further, unfortunately we cant afford one large lump sum so we asked if we could spread the missed payments out across the remaining years of the agreement, they said no. but would do it over 3 months. How decent of them

We were due to make a first payments on 1st october and so on. But now we have these court papers that were apparently submitted back in August.Dont understand you can you clarify? I dont even think we received a default notice from them.Previous address probably? Most of the info we do get from this company is sketchy at best.

So can he challenge it?

 

Once a summons is issued you have 33 days in total (5 deemed served so 28 remaining) 14 to acknowledge service (can be done on line see password on your summons) and a further 14 should you intend to defend.

I realise you state the reasons for non payment but now once litigation is commenced the secret is how to follow the process and head head off the claim actually getting to trial.

There is only one option to halt or perhaps avoid the CCJ and that is to defend all the claim nothing less.

If you do decide to defend then you need to request information pertaining to the claim ie a copy of the agreement (even though you state you have a copy lets see if they have)

A copy of the Default Notice and a copy of the Assignment (sale agreement to the third party) NoA.

All the above is done vis a vis a CPR (civil procedures rules).

In order to advise which CPR to use you need to type out verbatim the P.o.C (Particulars of Claim)

Regards

Andy

 

 

[buttons1987]

"We were due to make a first payments on 1st october and so on. But now we have these court papers that were apparently submitted back in August.Dont understand you can you clarify?"

oh, well the date on the court papers for when they were submitted were 18th august but at that point we had already entered a payment arrangement with them and had only missed 2 monthly payments. Dont really want to make any more payments if can have the debt written off.

Bit of an update from checking things threw with my OH, turns out we had made payments when they were due to start, one in may and another in august, also we have never recieved a default notice as we get all post from previous address forwarded(new owner of old house is my sis who sends anything on that slips threw post office net), we did recieve a 'notice of default sums' on 11th october for an apparent returned cheque/dd charge for 28th september but never had a dd set up and dont have a cheque book so don't understand that one.

 

the perticulars of the claim dont make sense to me could you help?

 

" The claimant's claim is for the sum of £1656.58 being monies due from the Defendant to the claimant under a regulated credit agreement between the defendant and Santander Cards UK Limited under reference xxxxxxxxxxxxxxxxxxxxxxxxx and assigned to the claimant on the 18th august 2010 notice of which has been given to the defendant.

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon defendant pursuant to section 87(1) of the the consumer credit act 1974."

 

 

The amount stated above is what the amount was before we had made any payments and it hasn't come down accordingly, they are intotal claiming £1811.58 which includes £75 costs and £80 solicitors fees.

[AndyOrch]

Hi the confusion is before you can move on and deal with this is :-Hi My OH received papers this morning from Northampton county court for a claim from a solicitors acting on behalf of Santander 21st October 2010

 

oh, well the date on the court papers for when they were submitted were 18th august 2010

As I have stated above in the court process, you only have 33 days to deal with the claim, which from what you state has passed and therefore I would assume a CCJ as been attained by the Claimant in default, as no response would have been entered by yourselves.(due to the date errors)I suggest you ring the issuing Court and clarify the dates before you do anything further.

 

Hope that makes sense.

 

Regards

 

Andy

[buttons1987]

Have checked with the court and they say the papers were issued on 18th October not in august. The reason i thought august is because of the perticulars of the claim

" The claimant's claim is for the sum of £1656.58 being monies due from the Defendant to the claimant under a regulated credit agreement between the defendant and Santander Cards UK Limited under reference xxxxxxxxxxxxxxxxxxxxxxxxx and assigned to the claimant on the 18th august 2010 notice of which has been given to the defendant.

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon defendant pursuant to section 87(1) of the the consumer credit act 1974."

As i didnt and still dont really understand that part.

When responding to the claim, with our perticulars are we ment to ask the claimants to provide a copy of the signed agreement, a copy of the default notice and a copy of the assignment?

To be quite honest im competly useless with these types of things and only really understand plain english

 

 

 

[The Mould]

Hello buttons

 

As Andy has said, you need to make a CPR 31.14 request for disclosure of those documents mentioned in the claimant's Particulars of Claim.

 

So you want a copy of:

 

1. The credit agreement.

 

2. The Deed of Assignment.

 

3. The Notice of Assignment and proof of service thereof.

 

4. The Default Notice and proof of service thereof.

 

So, acknowledge the claim and state that you intend to defend the action, send your CPR (Civil Procedure Rules) request of by registered post only to the claimant's Solicitors, they then must comply with your request in not more than 7 days.

 

See what the claimant's response is to your request for disclosure of copies of the documents he intends to rely upon for his claim.

 

Also, have a look at the Ministry of Justice web site, you will find the Civil Procedure Rules stated there, you should read up on them as they will help you to you to understand the process.

 

I hope that helps.

 

Kind Regards

 

The Mould

[buttons1987]

sorry its taken so long to reply.

 

Do i request the above in the perticulars of the claim? like in with my defence or seperatly to the solicitors?

Sorry for being a bit thick, its just these kinds of things go completly over my head.

[AndyOrch]

Seperate request vis a vis CPR 31.14

 

So, acknowledge the claim and state that you intend to defend the action, send your CPR (Civil Procedure Rules) request of by registered post only to the claimant's Solicitors, they then must comply with your request in not more than 7 days.

 

Regards

 

Andy

[buttons1987]

ahh, thankyou Andy your a star

I'll do that now.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.