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Imminent Court Hearing - Howard Cohen (Santander) PLEASE Help


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Morning all,

I defaulted on my Evans Card in June last year, initially GE Money, but now Santander apparently) due to financial difficulties and sent several letters requesting a payment arrangement but had no reply apart from default notices and demands for payment. I paid £10 every month and tried to come to a resolution but Santander just ignored me completely. Then I recieved court papers and after reading here, I completed them and entered a defense that I didn't think Santander had an enforceable Credit Agreement. (I had asked for one previously and they hadn't sent one)

 

A court date has been set for 28th June. I admit I have not really done anything toward this as I had a Stroke on the 28th March and just couldn't contemplate dealing with allt his. But on Saturday I recieved a large pack from Howard Cohen which has a witness statement?? and a copy of my Credit Agreement, but the number on the Agreement does not match my account number. However on the witness statement it says my account number was changed in October 2006, but i didn't realise that this had been done.

 

I really don't know what i'm meant to do now.. do I just go to court on the 28th and see what happens? As I see it, they will get the judge to tell me to pay it all, but I just haven't got them,oney, we are barely surviving as it is. I have sorted out payment arrangements with all my creditors and I just don't understand why they have been so nasty and not accepted it like the others.

 

Please can someone help me? I am so worried now and I know it;'s not good for me in light of my recent Stroke, but I can't help it.

 

Thank you for reading.

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Oh and on the wtness statement it says witness statement between CL FINANCE LIMITED and ME. This is the first time I have even heard of CL FINANCE, so I don't understand that either.

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Incidentally, the CCA is VERY fuzzy and I apart from having a totally different account number on it (which you can hardly see) I don't thinki it has any infomration about interest rates etc.? Shall I scan it in?

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Did they by any chance change the store card to a credit card back in 2006? Hence the change in account number.

 

If you can scan & post the cca (minus personal details) it would be a great help.

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Here are the scanned copies of the CCA that they have sent me and they say they will be presenting in court.

The quality is terrible, you can hardly read anything on them. What can I do now?? Please help.

 

Thank you.

CAG-Evans - CCA2.jpg

CAG-Evans - CCA1.jpg

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As an aside, I asked for a copy of my CCA on 8th November 2010 and sent my £1 postal order. But I only received it round 23rd March 2011 after the court papers. Shouldn't they have sent it within 12 days? Is it too late to do anything about that?

 

Thanks for any help.

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Hi Debs - responding to your Reported Post. :-)

 

Are you still paying the £10 a month. If not, when did you stop.

 

Have you checked through your a/c statements to see what they have added in penalty charges. These should be reclaimed to reduce the debt.

 

Is there any PPI on the a/c which could be reclaimed as mis-sold or inappropriate.

 

Apart from the a/c number on the credit agreement being one you don't recognise, does the agreement have your details correct like name, address, occupation, etc.

 

Does the agreement have your handwriting on it and your signature.

 

The image you posted above is too small to see properly. See here for how to post images better - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

8-)

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Hi Slick,

 

Thank you for replying.

 

I reduced the £10 a month to £1 when they started court procedures but am still paying that. Yes all the details are correct as they were back then, although I am now not working as am long term sick and haven't worked for 8 years. Also I have changed address since then too and am no longer married. Yes it's my handwriting. I haven't got all the statements i'm afraid, so can't check back. Is it too late to ask for them? No PPI on there.

 

Will follow your link and upload a better copy...sorry :oops:

 

Thanks again.

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Has that worked? No it didn't. The instructioins are not very clear on how to upload a better image. I'll try again. Sorry

CAG-Evans - CCA2.jpg

CAG-Evans - CCA1.jpg

Edited by x-Debs-x
Image not right
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I'm going to waffle now to try and get my post count up so I can post the link to Photobucket, however, it may be useful information for someoine who can help me I hope.

 

I emailed Howard Cohen on 30th May in response to a letter I received fromm them dated 23rd March which had my CCA attached. It was asking me to respond within 14 days to come to an agreement before the court date on 28th June. As I suffered a Stroke on 28th March I didn't follow up on this letter.

 

So the other day, after receiving their court bundle?? I felt very annoyed and decided to reply via email. This is what i sent.

 

Dear Mr. Moorhouse,

 

RE - Santander Cards UK Limited - v - Me

 

With reference to your recent communication dated 23rd March 2011.

 

I could not reply within the 14 day  time limit as 5 days after your letter is dated, I suffered a left-hemisphere, right-sided Stroke on 28th March and have not been competent enough to deal with my affairs.

 

I have repeatedly tried to settle this matter without going to court, I have struggled to make payments, but continued to try and send a token offer. But you have ignored my pleas and communications. Stress has played a large part in the deterioration of my health and increased Blood Pressure issues, so I think your actions have added to my condition so thank you for trying to kill me and leave my 5 children without a Mother.

 

I will not be withdrawing my defense as I feel you have not conducted this matter legally or have an enforceable Credit Agreement. The account numbers do not match and also the CCA does not hold the relevant legally required information.

 

Once again I offer to pay £10 monthly to this account until my circumstances improve and I can then offer more substantial payments.

 

If this is not acceptable and you insist on going to court, then so be it.

 

Yours faithfully

 

Was I wrong to do that?

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I received this reply on the 31st May.

 

Dear Mrs xxxxx,

I refer to your recent email dated the 30 May 2011 and we are sorry to hear to of your recent stroke.

We can confirm that our client has kindly requested that you supply some medical evidence regarding your recent stroke to enable them to consider their position and your offer of repayment.

Therefore, please can you arrange to send the said evidence within seven days from today.

I trust that this now clarifies our client's position, however should you wish to discuss this matter further, please feel free to contact myself on 01274 853 241 quoting reference xxxxxxx.

Yours sincerely

Andy Moorhouse

 

What do you think this means?

Edited by x-Debs-x
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I have since replied with this today.....

 

Dear Mr. Moorhouse,

I'm not sure why you would need proof of my Stroke, but I have attached the letter from my Endocrinologist to my GP as 'proof'!

I still maintain you do not have a legal copy of a Credit Agreement to support your claim and have taken advice to this effect. Also, I requested a copy of the CCA on the 8th November 2010. (Copy attached and I have proof of postage)

And did not receive a copy until 26th March 2011. I understand a copy of our credit agreement should have been be supplied within 12 working days.

I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

However, in the interest of an amicable and mutually beneficial result, I am prepared to pay £10 per month into the account until I am financially able to offer a more substantial payment.

This would, of course, be dependant upon the removal of all illegal charges and interest from the account and the halt of any further charges and interest.

I look forward to hearing from you.

 

I attached a copy of the letter I got from my Consultant detailing my medical conditions and also a copy of the CCA request i sent in November.

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Hi Debs,

 

Forget about posting the copy credit agreement. If it's your writing on it with your details, it is likely to be enforceable.

 

You are right to be attempting to reach a settlement, so the issue can be resolved without court action if possible. It's certainly in your favour that you have continued to offer to pay them £10 a month, which they have ignored.

 

You need to get copy statements so you can see what penalties have been charged on the a/c and you can use CPR31.14 to get this data, along with anything else you reasonably require. See here - http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage&p=1707671&viewfull=1#post1707671

 

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Thanks so much Slick, I will adapt the CPR31.14 request to suit what I need and send it off.

Can I still request these things even though my defence has been filed and the case has it's court date?

 

D x

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Hi Debs,

 

Can you confirm what you put in your defence.

 

I assume the AQ has been dealt with already but please confirm.

 

You need the statements whether by sending a SAR, making a CPR 31.14 request (albeit late) or simply requesting them from the sol'rs.

 

Just a long shot but have you checked the court bundle to see if copy statements are included there.

 

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I put that I was defending part of the claim I think, it was a long time ago and I didn't understand what to do really. I put that I felt they didn't have an enforceable CCA and also that they had levied unfair charges onto my account. Also that I had tried repeatedly to make an arrangement and they had ignored me.

 

I think the AQ has been dealt with?? Not sure about that, but I think so.

 

No, there are no statementsd in the court bundle. I will do the request today. Thanks again :-)

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Hi Debs,

 

Noted.

 

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  • 2 weeks later...

Morning Slick,

 

I hope you can now help me with further developments. I have had a reply from Howard Cohen saying that they are happy to now accept my offer of £10 per month, and drop the court case, however I must sign three copies of a 'Consent Order' that they have attached to the letter.

 

The problem is, they have added on all the charges and costs from taking the case to court, as well as all the interest and charges for defaulting. Now I don't mind paying them what I owe, but why should I pay the charges for the court hearing etc. when I have been trying to sort things out for exactly THIS conclusion from the begining?

 

Also the 'Consent Order' looks remarkably like court papers, but has very obviously been typed up by HC in an attempt to make them look official..... Is it just a ruse to get my signature or to make me think they have more power than they have?

 

The court date is for the 28th. Have they still got time to stop it going ahead now and what if I don't return the Consent Order?

 

I really don't know what my next step is.

 

Thanks for any help.

 

Debs

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Consent Order Anon.jpg

 

These are the letter and 'Consent Order' they have sent me. On the consent order, it says things like ...... 'Signed before an officer of the court' ... surely that isn't right as they just want me to sign it and return it, so why try to make it look like it's come from the court when clearly it hasn't?

 

Thanks

Debs

Santander HC Anon.jpg

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