Santander/Cohen judgement for claimant - old Evans Store card debt.....scared, please help

[consumeredge]

Ms Judith Cochrane

Financial Solutions Department

Santander Consumer Credit Services

PO Box 700

Leeds

LS99 2BD

 

Don't be surprised if you receive a reply from Ms Ruth Richie, Complaint Resolution Team, this appears a standard format Santander use to advise you your letter has been acknowledged and is now being delt with by that department.

 

When you email Howard Cohen & Co in the Subject box put as follows

 

Santander Cards UK Limited v Ms XXX XXXXX (Claim number in brackets)

 

The other thing is if you access the hmcs website you can go to NCCBC and email them as defendant any quieries or complaints, might be worth having a look as this will go straight to the people you need to speak to.

 

Kind regards

 

Clive

[vtr80]

Hi

Just off the phone from the court.

 

It turns out they did receive notice of our original offer of £20 from Howard Cohen & Co and a court official decided the amount for the judgement for the claimant and advised £416.66 by 12th Sept.

 

The court has not yet received our N245 form offering £50, I think it should get there tomorrow

 

The only way to get rid of the CCJ is either pay the full £471.66 or email Howard Cohen asking for a lower settlement figure

 

[havinastella]

vtr80 said:

 

 

As I have said earlier, this amount will be all charges.

 

As you have 28 days to pay in full, I would CCA the original creditor (not for the CCA as this ship as passed due to the CCJ being issued) but for a FULL statement of account, I'll post up the exact wording when I find it.

 

They have 12 days to supply this and will show all charges that you can reclaim (unfortunately they never send it in 12 days)

 

Jogs

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

[vtr80]

Hi Havinastella,

 

Is there a template for this kind of request for the original creditor?

If so I will get a letter sent asap. Also once they have sent the statement, what are the chances of clearing the charges?

[havinastella]

vtr80 said:

 

 

Link to CCA request

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

Make sure you edit and use above text.

 

Unfortunately timescales may apply here. If you had defended the original Claim, we could have counter claimed using your right of offset. This would have been quick, easy and painless.

 

The problem we have here is that Judgement has been granted. If you don't want the CCJ hanging around your neck for 6 years, I would be inclined to beg/borrow or steal the amount claimed, pay the judgement in full and then reclaim afterwards (Very simple)

 

Cohens have stuffed you with this one

[vtr80]

Yea thats what we are going to try and do. Is is worth asking if they would possibly reduce the debt for a quick payment?

[havinastella]

Yea thats what we are going to try and do. Is is worth asking if they would possibly reduce the debt for a quick payment?

 

The simple answer is NO.

 

They have a CCJ against you for said amount, they would be stupid to accept less (You may have a chance )

[vtr80]

How would it work, if I could get half by the 12th and the rest the following month? could I still get the CCJ removed or at least satisfactorily address on her credit score?

[consumeredge]

Hi vtr80

 

On the N1CPC it says £336.66 plus for solicitors fees £50.00, plus court fees of £30.00 totalling £416.66,

 

That is standard costs for the amount claimed.

 

On the photo copy N30 Howard Cohen & Co sentit says £336.66 for debt and interest and £135.00 for costs totalling £471.66.

 

The N30 Howard Cohen sent you is a doctored fake.

 

What charges are you going to be claiming? The original debt was £286, you admit your girlfriend didn’t make payments, the debt occurred before you met her, so Santander Cards UK are entitled to add interest at a monthly rate.

 

£50 doesn’t seem that high when not knowing how many months your girlfriend didn’t pay, and there again, were any purchases made on the credit card after your girlfriend stopped paying?

 

Misled/Misold PPI, I don’t think so.

 

The court official sounds they were confused and it is probably because you said £471.66, that is why they replied you have to pay the £471.66 to clear the ccj.

 

But there again the official said £416.66 by 12 September or email Howard Cohen asking for a lower settlement figure? That doesn’t make sense?

 

You said it yourself "It turns out they did receive notice of our original offer of £20 from Howard Cohen & Co and a court official decided the amount for the judgement for the claimant and advised £416.66 by 12th Sept."

Then "The only way to get rid of the CCJ is either pay the full £471.66 or email Howard Cohen asking for a lower settlement figure"

 

The official was confused, what should be brought to the court managers attention is that having made a genuine mistake and sent the N1 to Howard Cohen & Co instead of the court, Howard Cohen & Co in turn failed to notify you of this error and sent you a false N30 increasing the amount to be paid.

 

While Howard Cohen & Co have tricked you it is by no means over if you use the correct channels.

 

That could be seen as Howard Cohen & Co knowingly commited a criminal offence fraudulently using HMCS stationary and seal.

 

I’ll say no more

Good luck

　

　

　

[vtr80]

The simple answer is NO.

 

They have a CCJ against you for said amount, they would be stupid to accept less (You may have a chance )

 

Well, we contacted these scumbags for a reduction and surprise, surprise!!! they took £100 off!

To be honest we are so confused with what the hell is going on with this now, the court say there is a CCJ against my gf and that if we pay the reduced amount by the 12th it will be removed.......thats what we are gonna do.