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Santander PPI - Court issues


bstoke1978
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Hi,Started the process of taking Santander to court for PPI it got to the allocation questionaire but it stalled.I had a letter back from the court stating my claim had been struck out as I had not filed the question questionaire in time.The letter was sent recorded delivery and I have the receipt for this also ad was posted 6 days pre the date it needed to be filed.A few weeks ago I had a court claim come through from Santander's solicitors requesting the costs of £800 odd due to "wasted costs"I have a court date next week so I am wondering about the best way to defend this as I had posted this in good time and as such should of not been struck out as there was either a failing with the court or the postal service so I am trying to work outwhere I legally standThanks

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Hi Bstoke.

 

Did you not challenge the Order or set it aside? What date was your claim? and rough amount?

What have you done up to now with regards to their claim?

 

Regards

 

Andy

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Hi,

 

I had wrote to the court asking for it to be set aside, but have heard nothing back from the court.

 

The hearing is the 1st December and is for £850.

 

What I have done so far is

 

1. asked for a breakdown of the cost so that I can have them audited

2. asked for a genuine breakdown/diary of the partner to prove that they had carried out the work

3. asked for a copy of the paid invoice from Santander to the solicitors to prove its a genuine loss

 

The claim form with the costs are listed as "estimate" and as of yet they have sent me nothing whatsoever to substantiate their costs

or the work carried out!

 

I have the recorded postage proof to state that the allocation questionaire was sent 6 days before the due date but was recieved 8 days later (2 days after the due date)

 

So I dont know where I stand as it looks like it has sat on someones desk in the court for a week and now has left me with this isssue!

 

They have listed the hearing as 10 mins!

 

Any help would be greatly receieved

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Hi,

 

I had wrote to the court asking for it to be set aside, but have heard nothing back from the court. Did you make application N244 and pay the fee?

 

The hearing is the 1st December and is for £850. Hearing for set a side?

What I have done so far is

 

1. asked for a breakdown of the cost so that I can have them audited

2. asked for a genuine breakdown/diary of the partner to prove that they had carried out the work

3. asked for a copy of the paid invoice from Santander to the solicitors to prove its a genuine loss

 

The claim form with the costs are listed as "estimate" and as of yet they have sent me nothing whatsoever to substantiate their costs

or the work carried out! Have you acknowledged the claim?

I have the recorded postage proof to state that the allocation questionaire was sent 6 days before the due date but was received 8 days later (2 days after the due date) Set a side should be granted providing you made application

So I dont know where I stand as it looks like it has sat on someones desk in the court for a week and now has left me with this issue! see above

They have listed the hearing as 10 mins!

 

Any help would be greatly received

Particulars of Claim would be a great help (verbatim less any identifiable)

Regards

Andy

 

We could do with some help from you.

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Hi,

 

Its on a N244 form and the verbatim is

 

Pursuant to the provisions of part 3.5(2) of the CPR the defendant seeks and order for the costs against the claimant followinf the claimants

failure to comply with the terms of the order of the 12th of september (there was an extension given until the 26th September).

Is this now too late to set aside via the correct process

 

 

I had acknowledged their claim and wanted to defend

I wrote to the court asking for this to be set aside (as i am not legally minded/trained I did not know the correct process so just wrote to the court)

the hearing on the 1st is for their claim for the £857.00

or what is the next steps as this was sent 1st of November so only a few days after the 26th September.

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What date was your claim struck out? The above is just a request for an order of wasted costs not a summons.Hence the hearing, why not just set a side this request?

(N244) you usually have 7 days after the date of the application to respond.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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