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Help needed dealing with a Northampton CCBC CCJ claim from Santander Cards PLEASE!


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Hi. I am new to this forum, so please excuse me if I don't post this correctly!

 

Firstly, I want to say I have spent quite a lot of time on this site and am very impressed with the amount of helpful members out there :-)

- I am hoping you guys can help me make sure I am going about things the right way!

 

I recieved a CCJ from Northampton CCBC on July 19th 2011.

 

The claimant is Santander cards Ltd and the address for sending documents and payments is Fairfax Solicitors.

The amount of the claim is £3000.00 (ouch) for a PayPal credit card which I think I took out around the beginning of 2008.

 

I defaulted on payments a few months ago due to lack of finances and the result is this CCJ.

 

I filed an acknowledgment of service online last week, and filed an initial defence (online also) today Aug 19th.

 

stating:

"I dispute owing monies to Santander Cards UK Limited.

I believe I have never entered into a contract with the aformentioned claimant

and have written to Fairfax Solicitors Ltd requesting documents including the original credit agreement.

 

When I have possession of all these relevant documents I shall be able to structure my complete defence."

 

I need to write to Fairfax Solicitors requesting these documents,

and am a bit stuck as to what to write!

 

I see there are template letters in the forum, but am really not sure which one to use.

 

BTW, I was paying PPI on this account until I cancelled it about a year ago.

 

To be honest, I am not exactly sure of what I am doing! and would appreciate any advice.

 

Thanks for reading this.

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Hi won't

 

Welcome to CAG

 

The guys will be happy to advise as soon as they

 

are available.

 

The first thing to do in scan, post the POC removing all personal info and ref numbers, have you got penalty charges on the account? also were you mis-sold PPI?

 

Don't send this yet, but have a read, some of the more experienced guys will tell you what docs to ask for.

 

http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

Heres a link thats worth reading:- http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

 

The important thing is to find grounds so that the claim can be defended.

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Have a read of the attached. You should have sent off the CPR requesting documents prior to entering a defence.

 

Can you let us know the issue date on the claim form. You will find that in the top right hand corner of the claim form.

 

[ATTACH=CONFIG]29606[/ATTACH]

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If the PPI was mis sold then you could counterclaim for the refund, it might wipe out anything they are claiming for.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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scan up all the details using:

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

 

if you want help on the PPI PM IMS21 to look in.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx, citizenB and rebel11, thanks for your responses.

Any help is much appreciated:-)

I was away at the weekend, hence the slow reply.

The issue date of the ccj was 19 JUL 2011. (I know I said I recieved it then - I guess it arrived a few days later)

Yes I was charged late payment fees, and overlimit fees! Of course it was thier own charges that took the balance overlimit!

I also paid what they called balance cancellation cover, which I guess is PPI. (I cancelled this end September 2010 in an attempt to save money) The fees for this cover were £1.50 per £100.00 of the balance.....

It is probably irrelevant, but the typed "signature" of the claimant on the ccj is misspelt!

I also wondered if it is relevant that I had some sort of agreement with GE Money and not Santander, so do I actually have any contract with Santander?

Anyway, here is the scanned PDF of the form as requested.

I hope it is of some help.

I look forward to your response(s)

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Responding to SOS, but it seems as though you have now resolved the problem :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi dx, citizenB and rebel11, thanks for your responses.

Any help is much appreciated:-)

I was away at the weekend, hence the slow reply.

The issue date of the ccj was 19 JUL 2011. (I know I said I recieved it then - I guess it arrived a few days later)

Yes I was charged late payment fees, and overlimit fees! Of course it was thier own charges that took the balance overlimit!

I also paid what they called balance cancellation cover, which I guess is PPI. (I cancelled this end September 2010 in an attempt to save money) The fees for this cover were £1.50 per £100.00 of the balance.....

It is probably irrelevant, but the typed "signature" of the claimant on the ccj is misspelt!

I also wondered if it is relevant that I had some sort of agreement with GE Money and not Santander, so do I actually have any contract with Santander?

Anyway, here is the scanned PDF of the form as requested.

I hope it is of some help.

I look forward to your response(s)

 

Ok, I posted up a pdf in an earlier post so you should by now have sent off the CPR31.14 request to the solicitors asking for copies of those documents mentioned in the POC.

 

Which are the Default notice and agreement.

 

Your timeline is as follows :-

 

Issue date 19 July 2011 + 5 days for service = 24th July + 14 days to acknowledge = 7th August + 14 days for defence if you are intending to defend = 21st August.

 

Agghhhhhhhhhhhh

 

If you have not already acknowledged and submitted a defence then you could have had a Judgement entered by default already ????

 

Did you do anything with this. I see you didnt make your first post until 2 days before your defence was due in. Did you acknowledge receipt.. anything ??

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi there.

Thanks for your response. It's ok - I ackowledged service in time and I called the court last week, and they told me I needed to file a defence by the 22nd and so I filed a defence online last week on 19th saying "I dispute owing monies to Santander Cards UK Limited. I believe I have never entered into a contract with the aformentioned claimant and have written to Fairfax Solicitors Ltd requesting documents including the original credit agreement. When I have possession of all these relevant documents I shall be able to structure my complete defence."

I read in the thread not to send the CPR request yet but to have a good read, but I can send tomorrow recorded delivery

Thanks

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Sheesh, thank goodness for that.. :)

 

Yes, please do get the CPR off as soon as possible.

 

I am not sure of the relationship between GE money and Santander.. though. Who was the original creditor ? GE Money ?

 

I seem to remember there being some kind of relationship between GE and Santander.. I am not sure if there should be a Notice of Assignment somewhere in this lot. Have a look at an early statement and see if there is mention of them both.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi again.

Yes GE Money was the original creditor. I believe they bought GE Money or something.

I remember getting a letter from Santander telling me they had taken over the account and that I wouldn't notice a change except the direct debit payment would read "Santander" instead!

I will look at the statements later for clues.

Thanks

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  • 2 weeks later...

Hello again.

I am back!

This posting is an update with the latest correspondence:

Firstly, I recieved a reply from the court the other day acknowledging reciept of my defence: see attachment "court reply 01"

Secondly, I recieved the following letter from the claimants solicitors today (Sept 3rd) dated Sept 2nd: see "fairfax reply 01"

I would appreciate any feedback in response to this mail and any advice as to whether I need to do anything more at this stage.

Many thanks

court reply 01.pdf

 

 

fairfax reply 01.pdf

Edited by Wont get fooled again!
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In response to Fairfaxes letter,

 

Once proceedings had been instigated, regardless of previous correspondence, you are within your rights to request the documents relied upon to enforce the claim.

 

You will bring it to the courts attention that Fairfax failed to request those documents referred to in the POC and required by law to enforce the claim, prior to instgating legal action.

 

The courts have given them 28 days to respond. However, these companies are renowned for abusing the court process.

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  • 4 weeks later...

An update

 

Hi there.

As detailed above, I filed a defence 16th August 2011, stating I had requested a copy of the credit agreement and default notice from the claimant. The court acknowledged that defence by letter dated 19th August (see court reply 01 above) stating the claimant (solicitor acting for Santander Cards) had 28 days after recieving my defence to contact the court, after which time the claim will be stayed.

 

I recieved a letter from the claimants solicitors (see fairfax reply 01 above) dated 2nd September 2011 stating amongst other things that they would request these documents from their client (Santander)

 

Since then, nothing has happened and the 28 days + service is up. Pardon my ignorance, but this appears to be good news? Can someone tell me what stayed means and is there anythiung I should do at this stage?

 

I would appreciate any help available.

 

Thanks in advance,

 

WGFA

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Wont get fooled.. This simply means that the court will stay the claim until such times as the claimant decides to proceed. The Claimant will now have to apply to the court to have the stay lifted if it wants to proceed and that will cost money.

 

 

I would suggest you continue to read the forums and collect any information that you feel might be of value to you in the event the claimant does proceed. However, I suspect there is little you can do without the information you have requested and still not received.

 

I suggest for your own peace of mind you telephone the court every 2 months and ask the "status of the claim". that way you will know if there is any activity.

 

I have had a claim in limbo for nearly 2 years and I am currently debating with myself as to whether to apply for a strike out of the claimant's case.

 

IMHO, the longer a stay is in place, the more I feel the claimant is considering their position as to whether they feel they have a viable claim. .

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 8 months later...

Hi there. Sadly this thread is back! Eight months on and Fairfax Solicitors (now Drdensfairfax) have reared their ugly heads again:-(

Back in August last year I requested a copy of the credit agreement and default notice from the claimants (Santander) solicitors (Fairfax) and after 28 days they had not complied, so the court stayed the claim. I have now recieved a letter dated May 30th with an apology for the delay and enclosing "the documents" I requested. Said letter and relevant parts of the documents are posted below.

The letter gives me 14 days from the date of the letter to make payment or payment proposals or they will apply to the court to have the stay lifted. This means they expect a reply by next Wednesday!

Any help would be humbly appreciated........

WGFA

Letter p1 30-05-12.PDF

Company House.PDF

Letter p2 30-05-12.PDF

Credit agreement.PDF

Guidance Notes Signature.PDF

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Can you pop up a copy of the screenshot showing the default notice information, please :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hmm, screenshot and template letter.

 

Not ideal, but I think it might be hard to challenge :(

 

Did you actually receive the Default Notice ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitizenB,

 

That's what I thought too:-(

 

I don't recall whether I recieved the default notice or not. I have just searched for it and not found it. I was going through a heavy bereavment at the time of default and really struggling financially.

 

I stupidly used this credit card (and others!) to bolster my business as I tried to stay afloat.

 

Ironically, I had what was called balance cancellation cover on this card (ppi?) and when I enquired about claiming, I was told I wasn't eligable as I was self employed!

 

Any ideas about what I should do?

 

WGFA

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