Santander/fairfax claimform - credit card

[reggie76]

Fairfax Solicitors issued a claim via Northampton CC for a debt to Santander Card.

 

I requested statements of account and the original signed agreement.

I have received the signed agreement from 2003 which is signed by myself and the company which was then GE Money

there is no terms and conditions and in particular no mention of fees for late/missed payments etc.

 

Also the statement of accounts I have been sent are from 2005, 2 years after I opened the account therefore showing no opening balance.

The statements from 2005 show a different credit limit to the application and also showing charges for account cover which I did not sign up for in the original application.

 

Do Fairfax/Santander need to send me the statement of accounts from Day 1?

Also how do I request these and the initial terms of conditions as if they prove the CCA is legit I want to claim for the fees I have been charged.

 

Thanks in advance for any help.

[buddie84]

ok first thing first is fairfax working on behalf santander or do they own the debt as if they working on behalf they can only court stuff only if approved by santander also is northampton your local county court if not they cant take you there has to be ur local county court so if they jst get set aside

[FORMISTER]

It's probably Northampton Bulk center and will be allocated to your local county court once you have acknowledged the N1 form.

 

So, firstly you need to acknowledge the form (you can do this online) and whether you wish to defend the claim/part of the claim or admit to it.

 

The statements you have been sent go back 6 years, which is what they need to store and supply you with by law.

 

So, lets start at the begining. Have you sent a CCA request or a SAR?

 

If you could scan an upload the POC from the claim, this would be helpful

 

If you can upload the credit agreement you were sent and we can see if it is enforcable and worth defending.

[reggie76]

Cheers guys.

 

It was through Northampton Bulk centre and I replied requesting accounts and a signed CCA. I will post up the CCA. Fairfax are acting on behalf of Santander and have not been assigned the debt.

[FORMISTER]

Have you acknowledged the N1 and stated you wish to defend? You can always withdraw at a later date

[reggie76]

Yes, didn't make myself very clear, sorry! I defended the claim online requesting proof of the debt in the way of statements and signed agreement. They have now come back with the statements and signed CCA and I have been sent an AQ, is that right?

[FORMISTER]

Yes, the AQ should give you the facility to change the location of the hearing. As you are the defendant you have the right for it to be in your local court

[nicklea]

So you have already put in a defence before you have received any information from the claimant?

 

To be honest that is a rather dangerous thing to do.

 

Do you mind me asking what you put in as your defence? What you should just have done is to state theat you will be defending the full amount and then wait until you have received the documents from the other side before entering a defence.

[FORMISTER]

Yes, with a lack of clarity I was presuming that you have stated that you wish to defend and you had requested using CPR, documents mentioned within the POC?

[reggie76]

Please find my CCA attached and advice would be appreciated.

 

Hi guys could someone please look at my cca and offer advice as I have to complete my aq. Thanks

untitled799.pdf

[nicklea]

It's got credit limit, interest and repayments on it so I would say that it is enforceable

[reggie76]

What about the fact there is no terms and conditions and that it does not show fees for missed or late payments etc?

 

Bump!

 

What about the fact there is no terms and conditions and that it does not show fees for missed or late payments etc?

 

Can anyone please help as it is my last day for filing my AQ!!

[nicklea]

As I said before, the agreement does appear to be enforceable as it has all of the prescibed terms from Schedule 6 - ie credit limit, interest and repayments. As long as it has those then a court cannot declare it unenforceable, regardless of what else is missing.

 

However, if you wish to challenge the fairness of the charges or whether you agreed to the account cover, then I would suggest that you would have a strong case for doing that.

[FORMISTER]

I agree with nicklea, the basics are there, the missing details are de minimis.

 

The only challenge you have would be charges which are not within the CCA above and account cover.