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


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Unless you have a very good reason to defend, then I think you might have to admit the claim and ask for an installment plan to be put in place.

 

If you were unable to claim on that insurance cover, I wonder if you might be able to counterclaim for the premiums and interest.. !!

 

I will try and find some advice on that for you.

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One of the site team has provided this information for you.

 

 

 

Balance cancellation cover information is here from the Dotty P site (one of Santy backed cards)

 

http://www.dorothyperkinscard.com/en/account_cover.html

 

If this cover was useless to him then it should be claimed back. He only found out he wasn't covered when he tried to claim.

 

Sounds like a counterclaim for the insurance and any unlawful charges is appropriate.

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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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Thanks for the responses.

 

Yes it was the very same balance cancellation cover detailed here: http://www.dorothyperkinscard.com/en/account_cover.html

 

£1.50 per £100.00. I have found a copy of the policy and it states if self employed, I would have to be declared insolvent, ceased trading or in the process of being wound up. Surely if I was insolvent, then the liability is wiped out anyway! What a con.

 

So if I consider counterclaiming, do I do this via the court or write to the claimants solicitors, Drydensfairfax?

 

Also, how do I ask for an installment plan to be put into place as suggested by citizenB........

 

Cheers,

 

WGFA

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Do you have a record of all the payments you made toward this product ?

 

If so, you should prepare a spread sheet to see how much they have taken from you.

 

Not sure which of the spread sheets we have on CAG you should be using - will find out and post back.

 

I will also find out how you can request an installment plan.

 

BRB

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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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Hi

 

Dropping in as requested by CitizenB.

 

This spreadsheet should be used for the charges part of the counterclaim. List each of the penalty charges you are claiming back (late payment/ over limit etc) giving the date of the charge, the description and the amount. The rate of interest for the APR box should be at least the rate you were charged on the account.

 

You can go for a higher rate of interest in restitution if you wish and more details on this is given at item 4 in my signature.

 

CISheet v101.xls

 

As regards the insurance, how was this taken out....was it in store with one of the assistants or were you not told about it at all?

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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

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6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

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Hi WGFA

 

CB asked I look in.

 

If you are wishing to admit (in its entirety) then simply complete form N9A (contained within your response pack) I am not sure if this can be completed on MCOL so you would have to complete manually and return to the Claimant as per address provided on the summons.If only part admittance again complete N9A and N9B (defence) and return to the Court of issue.

 

The first option is of course an automatic CCJ.

 

Regards

 

 

Andy

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Thank you Andy for the info.

 

If I am making a counterclaim, isn't that different from a part admittance? In which case, can I still use form N9A and N9B?

 

Thank you everyone for all your advice so far

 

Do you think my next move could be to write to Drydensfairfax advising my intention to counterclaim (their 14 days notice expires tomorrow so I need more time and I don’t want the stay lifted do I?)

 

I paid at least £1000.00 in PPI plus default, missed payment charges not to mention interest. It will take me a while to work out the total if at all possible; as I’m not sure I have all the statements

 

If the Balance Cancellation Insurance was valid; when I tried to claim on the insurance (which I did) then the balance would have been wiped out, so could I argue I don’t owe anything?

 

Of course it turned out the insurance didn’t actually cover me as I was self employed.

Could I also suggest coming to an out of court settlement using the above arguments stressing the fact the debt would have been wiped out had the insurance been valid?

Cheers for your time

 

WGFA

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Thank you Andy for the info.

 

If I am making a counterclaim, isn't that different from a part admittance? In which case, can I still use form N9A and N9B?

 

Thank you everyone for all your advice so far If you are making a Counter Claim then just N9B, that's a defence and counter-claim.

 

N9A guarantees a CCJ.

 

Do you think my next move could be to write to Drydensfairfax advising my intention to counterclaim (their 14 days notice expires tomorrow so I need more time and I don’t want the stay lifted do I?)

 

 

I paid at least £1000.00 in PPI plus default, missed payment charges not to mention interest. It will take me a while to work out the total if at all possible; as I’m not sure I have all the statements

 

If the Balance Cancellation Insurance was valid; when I tried to claim on the insurance (which I did) then the balance would have been wiped out, so could I argue I don’t owe anything?

 

Of course it turned out the insurance didn’t actually cover me as I was self employed.

Could I also suggest coming to an out of court settlement using the above arguments stressing the fact the debt would have been wiped out had the insurance been valid?

Cheers for your time

 

WGFA

 

 

Regards

 

Andy

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Just checked your thread this is a claim from 2011 and you have already submitted a defence the claim is stayed.Dont submit any further forms.

 

Andy

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I filed a defence August last year stating "I dispute owing monies to Santanderlink3.gif 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 also sent a CPR request tothe claimants solicitors Fairfax.

They then finally replied (letter dated May 30th 2012) with information. See posting and copy of letter and documents earlier in this thread.

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Yes WGFA

 

Up to speed now with were you are at. Ok you either have to approach the Sols and come to a payment arrangement ( calculate your PPI miss sold figure to enable a starting figure) and see what response you get.

 

If their response proves unfavourable then you state that if they make application to lift the stay you will respond with an application to amend your defence and submit a counter claim on the basis of miss sold PPI.Then wait to see what further response.

 

Andy

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You can ring them I find verbally tends to put them on the spot and unprepared, see what reception you get then if its favourable put your offer in writing and request same.

 

Andy

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BTW the agreement is a Internet application are there any signatures on that CCA?

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Hi Andy and everyone who reads this.

 

I calculated my PPI payments using your spreadsheet and then I called Sols this afternoon and said:

 

"I wish to acknowledge your letter dated May 30th and the info provided. It looks like I may have to accept liability for at least part of your claim, but would like to draw your attention to the fact I paid balance cancellation insurance on this account amounting to £1400.00 with interest. When I got into financial difficulties, and tried to claim on the insurance I was told I wasn't covered. This caused me to get behind with repayments and penalty fees etc., all of which I think should have been covered. Therefore I believe I have grounds for compensation. Would your clients be willing to come to an out of court settlement?"

 

Their response was firstly to question why I wasn't covered. When I explained that I was self employed and had not become insolvent and didn't intend to and was also not unemployed therefore the insurance didn't cover me he said he understood what I was saying. (I have recorded the conversatiom) He then asked what settlment figure I had in mind, to which I said I needed to consider this carefully, and was simply sounding them out.

 

He said they are open to offers and asked me to put a proposal in writing and to mention the PPI claim, which he would pass on to Santander and they would refer to their complaints department and would take this into consideration.

 

So a fairly positive response I think:-)

 

Question is..... How much should I offer as a full and final payment (Clients are claiming £3,300.00)

 

Also a quick question regarding the PPI claim speadsheet. I entered all the ppi payments made and entered 15.76% which was the cards apr. I read elswhere that the courts accept 8% compensation for interest. Am I correct in thinking this should be added into the calculations somewhere?

 

Finally, can late payment and default fees also be claimed back and if so, are they subject to interest reclaim?

 

Thank you once again for all your help so far

 

WGFA

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I will let ims21 do the calcs but on the legal you would add 8% on the final figure if making a claim.

So £1400.00 PPI plus compound plus any unfair late charges.Subject to the final calcs I think in the region of £1200.00 FFS.

 

 

Andy

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Hi

 

Your spreadsheet should consist of a list of all the PPI payments made on the card and the interest rate should be at least the one they were charging on the card. As Andy says, the 8% extra can be awarded by a court if it goes that far.

 

You should also prepare a separate spreadsheet for the charges for being late with payment or over limit and have these set against the amount owing as well.

 

When you have calculated both the PPI and the charges claims you will then be in a position to come to a sensible figure for a "full and final", otherwise you will end making an offer without having got the ducks in line first.

 

ims

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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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  • 1 month later...

Hello there.

 

Well I am back again. Not brilliant news, but still remain hopeful......

 

Firstly, I wrote to Santander's solicitors on June 26th with an offer following the advice recieved on this Forum. That letter is attached (Offer p1 and 2)

 

I recieved their replies July 31st dated July 24th. (Also attached) I promptly phoned to acknowledge the letters, stating I had only just recieved it and required 14 days from Aug 1st to respond. They agreed to this. So I have till August 14th to reply.

 

The first letter appears to be just a confirmation that I had the so called "insurance" with a poor photocopy of the policy (not attached) and a confirmation that I wasn't eligible to make a claim! It also completely ignores my PPI claim.

 

The second letter sent without prejudice I noted, rejects my offer outright and suggests a derisory repayment of 75% of the total sum claimed.

 

I would appreciate any advice you wonderful people can offer, as I am unsure what to do next.

 

I look forward to your response(s)

 

WGFA

drydensfairfax counter offer letter page 1 July2012.PDF

drydensfairfax insurance policy letter july2012.PDF

drydensfairfax counter offer letter page 2 July2012.PDF

Offer 26.2.12 p1.PDF

Offer 26.2.12 p2.PDF

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Hmm, not sure what you should be doing now..

 

I am still not happy with that Default Notice.

 

The regulations say that a "date" eg 10.02.1950 should be used.. not that the breach is to be remedied within "14 days" which is on their template.

 

I think it might be worth waiting a little while to see if someone with more knowledge can look in on you.

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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Thanks citizenB

 

I wasn't aware there was an issue with the default notice!

 

Also just noticed a message from andyorch back in June 12th asking "BTW the agreement is a Internet application are there any signatures on that CCA?"

 

Of course the answer to that is No!

 

I don't know how I missed answering that!

 

I look forward to anyone's thoughts........

 

WGFA

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Hi Guys

Well I waited a while as Citizen B suggested and all I see is tumbleweed:violin:

 

Thing is - I am running out of time as solicitors say they will lift the court stay and then it's back to square one.....

 

Should I now be counterclaiming the PPI via the court as they rejected my offer? Or is this a seperate issue?

 

Can I argue the default notice is not enforcable?

 

HELP!!!

 

I have 7 days left before they take action........

 

WGFA

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Unless you have more to argue with, then I think just relying on the Default notice might not be a good idea.

 

I am not sure if you should be counter claiming the PPI or making a separate claim.

 

I will flag for attention of site team for you.

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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