Santander/Howard Cohen - Not sure i've done it right :-(

[x-Debs-x]

Hello,

 

Quick background - I opened an Evans Storecard in April 1993 and even when I got into financial difficulties around 2003 I still tried to maintain my minimum payments. We got into deeper troubles and in March this year I had to default. I wrote to them repeatedly asking to arrange some sort of reduction in payments but had no reply except for more and more escalating LATE PAYMENT and DEFAULTED type letters. I started to pay £10 per month and again wrote to them explaining my financial dificulties, again ignored. The debt is for less than £5000 incidentally. Although about a third of it is interest and charges they have levied against me

 

Then earlier this month I recieved Court Claim papers. After reading the forum for a few days and trying to make head or tail of things, I went online and did my Acknowledgement of Service asking for the 28 days extra and saying I was defending part of the claim, the bit for all the extra charges and interest. I then wrote to Cohen's on the 11th November by reg'd post (according to my post office receipt) enc. a £1 postal Order asking for my CCA. Of course hoping they haven't got one after all this time.

 

Further reading has alerted me to the fact I should have probably Defendend ALL of the claim perhaps? I'm not sure.

 

The date on the Court Papers is 1st November 2010, so I am aware that my Defence has to be in by Monday. However, I assumed I would get something else from the court in writing before that date but have had nothing?? Is that what normally happens? I've also tried to log back in to my claim online to enter my defence and it says there is no such claim or the password is wrong, so i'm confused about that as I am definitely entering the Claim Number and password supplied to me on the court papers.

 

I have also not heard anything from Cohen's. Now I am unsure as to what my next step is. I have completed the Defence bit of the court papers, saying I am defending the whole claim as I don't believe they have a CCA and have also failed to supply me with one and quoted the 1974 Act. Do I just send that off now and hope for the best??

 

Or have I got it all wrong??

 

Thanks in advance.

Debs x

[x-Debs-x]

Can anyone help please?? I guess i'll have to send the defence papers today so that they are in for Monday (29th) but I wondered if my timings were right? I read something different on another thread but wasn't too sure if it applied to me?? The date on the court papers is 1st November and I sent back the AoS online on 8th November so does the 28 days go from the 1st or the 8th?? Anyone?? And obviously all my other questions are still puzzling me.

 

Help please???

[Guest]

AFAIK, a claim is deemed served 5 days after issue. it is then 28 days thereafter if AoS has been submitted. so, 28 days + 5 days after issue is the deadline.

you say that you have admitted part, and then you say you are now going to defend the whole? this may be an issue? the court would have sent your part admission to the claimant for acceptance or not. if accepted they would have the opportunity to request judgement for the admitted part. otherwise, it would continue as is.

you should've done a cpr 31.14 request for any docs mentioned in the claim form. and an 18 request for any 'information'. http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

these can still be done.

a cca request is not really appropriate once there is a court claim.

PT2537's advice in these sort of circumstances is, i think, to try and get the claimant to agree an extension (28 days perhaps) to the defence deadline. you'll need to to do this ASAP. over the phone if necessary. if they agree, fax it to the court, and get confirmation from the court that it has been extended. you can do a cpr 31.14 request now, and confirm the extension in your letter. if you don't do an extension by the deadline, then submit a 'holding defence' in time.

IMO

ps, further opinions will hopefully follow.

Edited November 28, 2010 by Ford

[slick132]

Hi Debs,

 

The CCA request will have done you no harm.

 

You should use the "Embarrassed Defence" and defend the whole amount of their claim. You should be able to do this online through MCOL. If you can't get access to your claim online, call the Northants MCOL offices and ask them for help because the dealine for your defence is close.

 

Also send Cohens a CPR 31.14 letter seeking documents referred to in their claim, or relevant to it, eg credit agreement, default notice, account statements. See the 2nd link in Ford's post above.

 

Also read here - http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

 

And here - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED&p=2695725&viewfull=1#post2695725

 

You should look at reclaiming all penalty charges made to the a/c plus compound interest. Do you have statements for the duration of the a/c or at least the last 6 years. If there are older penalties on the a/c, you may well find the compound interest puts a big dent in the amount you owe.

[x-Debs-x]

Thanks both, I will do that right now, am very grateful!!

 

Am trying to understand the procedures, but it is very complicated, I am putting myself totally in your hands for guidance.

 

Thank you

Debs

 

*edit - No I don't have statements Is that important?

Edited November 29, 2010 by x-Debs-x
See above.

[slick132]

Hi Debs,

 

I am putting myself totally in your hands for guidance.

Sure, we can guide you and we'll help you find the resources and info you need. But YOU need to be prepared to put in the time and effort so you not only send the right letters or complete the right forms - but you understand what you are doing.

 

Yes, you need statements for the a/c so make sure they are requested, probably in the CPR 18 letter.

 

Concentrate of getting the Embarrassed Defence into MCOL on time just now.

 

[slick132]

Sorry Debs,

 

I should have said the best sources of info are:-

 

1. The Stickies at the top this forum.

 

2. Other threads in the same forum, some of which will be similar to your own case.

 

[Guest]

debs

 

how is this going? any developments?

 

The CCA request will have done you no harm. quite right. it could even prove beneficial, depending on the circumstances! (ignore my previous comment on this )