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    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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Lewis debt/howard cohen/santander


Pjfothergill
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Hi Guys,

 

This is my first post so I hope to get a reply.

 

A year or two ago I stupidly got a topman credit card (provided by santander) and acquired about £400 worth of debt. I was happily paying Santander back the minimum each month, I went travelling abroad and was still paying the debt back but when I returned to the UK in April, I missed the payment for that month and as such my direct debit was cancelled (not by me).

I found the relevant email address on Santander's website and informed them that I had indeed missed a payment, and that I was currently unemployed with no funds but very willing to continue paying off the debt with the minimum each month and asked whether it was possible to freeze my account for a month. I heard nothing back and so sent them a follow up email to the same address with the original email attached.

I tried calling them but go through to no-one and was suddenly receiving letters from Viking debt collectors (I think) and then more recently, Lewis Debt Collectors.

I chose to ignore these as I had tried to get in touch with Santander themselves and did not see it as fair for my debt to be sold on.

Today (24th August 2011), I received a letter from Howard Cohen Solicitors threatening court action for the amount (including fees now £515). I sent a CCA letter today asking them to provide all details of my agreement within 12 days (I've heard that they can buy debt illegally?)

 

I am worried that if in the next 12 days they do in fact provide my original agreement and threaten to take me to court, what my options are. I had sent Santander emails telling them I was willing to pay the debt bit by bit.

 

I am still currently unemployed and cannot afford a great deal. Have I gone about this in the correct manner? What is likely to happen next?

 

Many thanks,

 

Pj

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You need to establish if the account has been passed to Howard Cohen & Co for collection or has the account been "assigned" to a third party. Is their a "Notice of Assignment" within the letter?

 

Or, on the letter from Howard Cohen & Co does it say they are acting on behalf of their client Santander Cards UK Limited?

 

Make an immediate token payment of £1 to Santander Cards UK Limited and continue to do so, then request direct from SantanderCards UK Limited a copy of all statements from the the month bfore you went travelling up until the present and a copy of a default notice (if any)

 

You are looking for a Notice of Arrears which will be included within a monthly statement of account and worded accordingly with the amount of minimum payment that was not recieved by the due date together with late payment fee and interest.

 

Howard Cohen & Co fool people by sending a printout of a couple of months of "Statements of Account" under the pretext "the state of the account" you will see this is usually for 2 consective months WAY AFTER any alleged default notice was served, what you need to see is the 2 consective months BEFORE any default notice was alledged to have been served.

 

Keep all letters especially from Viking, can you post up dates of those letters? your emails are electronic proof you contacted the original creditor to seek a solution without the need for litigation.

 

I would email Howard Cohen & Co and insist on the name of the litigation Assistant who is dealing with this matter and who sent you the letter, an electronic signiture is not acceptable when threatening impending legal action

 

I'll keep an eye on your thread

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Thank you for your prompt response.

 

Howard Cohen have kept their letter reasonably ambiguous. The letter itself is a NOTICE OF PENDING LEGAL ACTION with the subheading "RE: Santander Cards UK Limited - Amount Outstanding: £435.50"

However, they "urge" me to contact their client's collection agent, Lewis Debt Recovery.

 

I immediately sent Howard Cohen a CCA letter today along with a postal order of £1 - however I overlooked getting this done by recorded mail.

 

Forgive my naiveté but should I send Santander a letter explaining the situation further and requesting copies of previous statements and notice of arrears. Should I include a cheque for £1?

 

My worry is that if this was taken to court, I would not have a leg to stand on as all I did was send Santander a couple of emails explaining my situation but that I was happy to continue paying the debt.

 

I will try and find the viking letters (they should be dated may/june), the lewis ones are dated july/august.

 

Could you give me best/worst/most like scenarios based on my standpoint?

 

Many thanks for your help and advice

 

Pj

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At this stage and from what you say, your account has not been "sold on" it was first handed to Viking Collections Limited and now lately "Howard Cohen & Co".

 

The Lewis Group is not Howard Cohen & Co's "client" (Santander Cards UK limited) collection agent, you are entitled to continue dealing and communicating direct with Santander Cards UK limited.

 

The Lewis Group is a company based at Riverside, Cleckheaton, West Yorkshire, BD19 4DH, from this building their employees unlawfully communicate to people under the guise of Lewis Debt Recovery, CL Finance Limited, or Howard Cohen & Co, in any event you are speaking to one person who wears whichever hat fits. The Lewis Group also disguises this by using PO Box numbers and electronic signatures on all correspondence and court summons.

 

Howard Cohen & Co is a trading name of Cohen Cramer Solicitors, based in Princes Street, Leeds, they keep a low profile of their true identity by using perception "Our Branch Based in Cleckheaton" The SRA list only one Solicitor (John-Paul Murphy) as at Howard Cohen & Co, Riverside, Cleckheaton, West Yorkshire, BD19 4DH.

 

All clever stuff.

 

In all probability "Howard Cohen & Co" will issue a summons against you, acting on behalf of Santander Cards UK Limited. Any defence must be based on points of law, the core issue will be did Santander Cards UK Limited act in accordance with the law and Consumer Credit Act 1974 when commencing legal action against you.

 

Did Santander Cards UK Limited, serve you 2 consecutive Notice of Arrears prior to any alleged Default Notice (Sec 86 CCA) if so, does the amount of arrears stated on the Default Notice tally with what is stated on the Notice of Arrears? dates are important.

 

The address to write to for Santander Cards UK Limited is as follows:

 

Ms Judith Cochrane

Financial Solutions Department

Santander Consumer Credit Services

PO Box 700

Leeds

LS99 2BD

 

The address for "Howard Cohen & Co":

 

Cramer Cohen Solicitors

T/as Howard Cohen & Co

Riverside

Cleckheaton

West Yorkshire

BD19 4DH

 

You may wish to send this to Santander to get the ball rolling whilst waiting for the correct statements of account, copy of Notice of Arrears and copy of any alleged Default Notice.

 

RE: Santander Cards UK Limited – Amount Outstanding

 

Dear Sir or Madam

 

In an effort to reach a satisfactory conclusion for both parties concerned in the above matter, I am willing to enter a compromise agreement by way of a concessionary repayment arrangement with Santander Cards UK Limited until such time my financial circumstances change

 

I enclose a copy of my updated income and expenditure account, the surplus of £x per month is allocated for account number xxxxxxxxxxxx.

 

I enclose payment of £x and look forward to your reply.

 

Yours faithfully

 

Mr XXXXX XXXXXXXXXXX

 

You would been seen by a court to be actively seeking a solution without the need for litigation, Tthe claimant would have to explain then why the matter could not be settled without the need of litigation

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Ok thank you. Should I include copies of the emails I sent Santander explaining my financial situation?

 

If I cannot find the letters from Viking or Santander, is that pretty much bad news for me.

 

As far as I can tell, I need to send Santander the letter that you have put in your thread, along with a postal order. This would mean that I have made an effort and continued to make afford to solve the debt problem, and that the amount Howard Cohen are trying to take me to court for is no longer valid and they would affectively need to restart the whole process.

 

Many thanks

 

PJ

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Hi PJ

 

yes include copies of your previous emails and the po for £1, they will need proof you are unemployed, there is no shame in being unemployed, if you have official documentation then send them a copy, remember you are dealing with the original creditor, so being honest with them will not hurt, your not dealing with a company who are claiming to have "bought" your account.

 

I would think Santander will send you a letter and enclose their own Income & Expenditure form, don't be alarmed by this, merely complete it photo copy it and return the original by recorded delievery.

 

Santander are like computers... you have to punch information into them!

 

The letters from Viking and Santander will help but don't become despondant if you cannot find them.

 

"Howard Cohen & Co" are acting on behalf of Santander, and whilst they want their pound flesh, by dealing with Santander direct "Howard Cohen & Co" are at a disadvantage.

 

You can tackle them once you receive a reply from Santander

 

Kind regards

 

Clive

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