Satander/cohen claimform - 2010 Store card debt

[Cena34]

My partner has received a county court claim form for a store card that she hasn't paid, the original card was with Santander and the action is being taken by Howard Cohen & Co Solicitors, it's probably only around 6/9 months since the last payment was made to the account so SB won't apply, I'm not sure when the card was first taken out.

 

She has received various letters from from debt collectors about this and stupidly we have ignored them and should have taken action earlier but what's my best way forward now?

 

I've had a bit of time to read through a few older posts and I think I have an idea of my next steps but would be but can someone please confirm that i should be sending a CPR 31.14?

 

This is the particulars of the claim -

 

The Claimants claim is for the sum of £691.27 being monies due from the Defendant to the Claimant under a regulated credit agreement made in writing under reference xxxxxx

The Defendant has failed to make the payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

The Claimant claims the sum of £691.27.

 

The total amount ends up at £816.27 with £55 court fee and £70 Solicitors costs.

 

Is there any point trying to defend when I know that the money is owed??

[42man]

Have a read here....and yes CPR31.14 is the way to start - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED&highlight

[Cena34]

Can someone have a look at this CPR 31.14 (attached) for me to ensure it's correct before I send it? Obviously I know I need to add the personal info to it.

 

I'm also a bit confused about the paperwork from the court, do I now just log on to moneyclaim and state my intention to defend or do I also have to send the Acknowledgment of service back? Does whichever method is correct then give me 28 days to prepare my defence?

 

Can someone also clarify my datesThe claim issue date was 25th June so

Day of service is 30th June

14th day 14th July

28th day 28th July

 

Thanks in advance for any advice, I'm trying to plough through all the previous posts on this type of issue but even I have to do a bit of work sometimes

Santander Cards Howard Cohen CPR 31.14.doc

[ims21]

Are you intending to defend or acknowledge the claim?

 

If you are defending, what are the grounds for your defence?

 

Are there any unlawful charges on the account that you could counterclaim with?

[Cena34]

I was intending to defend at this stage based on I don't know what, if anything, they will provide from the CPR 31.14 is this the right thing to do, can you change your mind and not defend if they provide watertight documents?

 

I'm not sure about the charges I need to get all the paperwork together properly and go through exactly what's been added.

 

Thanks for the reply

[42man]

You should spend some time reading around these forums, if you are prepared to stand up in front of a judge and defend your corner on issues regarding the Consumer Credit Act, excessive charges, potentially missold PPI etc. You could also face a costs bill if for any reason it goes outside small claims...I believe using the civil procedure rules then you can (if they don't comply with your CPR31.14) strike out their claim, but I don't know enough about defending civil claims to be of huge use.

[Cena34]

Right I think things are becoming slightly clearer after more reading on here.

 

This I think is now the correct process for my case -

1 - Issue CPR 31.14. I've seen on other threads people also doing a CCA request, I'm presuming this isn't necessary as the agreement is mentioned in my POC and therefore in my CPR 31.14 request, would appreciate any thoughts on this, see post 5 for my proposed CPR 31.14.

 

2 - Wait the 7 days and see what does or doesn't arrive, I then do the acknowledgement of service online, I should just have enough time if I post it tomorrow, the 7th day would be 12th July and I have until the 14th for the AOS but that is a Saturday so will need to do it at the latest on 13th July. Is there a need to wait I shall I do the AOS earlier ( see my questions below).

 

Two more questions-

 

1 - The thing I can't find is what happens if nothing arrives and I have no choice but to do the AOS without knowing whether I have a case to defend as I have none of the paperwork that they are relying on?

 

2 - Can I choose to defend at this stage and then if they provide everything and I therefore have no defence then change my mind and follow a different path?

[vint1954]

Hi Cena34,

 

You will need to acknowledge the claim within the time frame. If this is from Northampton, then you can do this online. You then need to watch the dates closely for submitting your defence.

 

As suggested above, you will need to get your CPR request off to thier solicitors for the documents mentioned in the claim. If the claim wass issued in a local court, the documents mentioned in the POC, should have been attached to the claim.

 

Did you receive a Default Notice from Santander?

 

Also check the claim for who the claimant is. If the debt has been assigned from Santander, then you should have received a notice of assignment.

[vint1954]

Right I think things are becoming slightly clearer after more reading on here.

This I think is now the correct process for my case -

1 - Issue CPR 31.14. I've seen on other threads people also doing a CCA request, I'm presuming this isn't necessary as the agreement is mentioned in my POC and therefore in my CPR 31.14 request, would appreciate any thoughts on this, see post 5 for my proposed CPR 31.14.

2 - Wait the 7 days and see what does or doesn't arrive, I then do the acknowledgement of service online, I should just have enough time if I post it tomorrow, the 7th day would be 12th July and I have until the 14th for the AOS but that is a Saturday so will need to do it at the latest on 13th July. Is there a need to wait I shall I do the AOS earlier ( see my questions below).

 

Two more questions-

 

1 - The thing I can't find is what happens if nothing arrives and I have no choice but to do the AOS without knowing whether I have a case to defend as I have none of the paperwork that they are relying on?

 

2 - Can I choose to defend at this stage and then if they provide everything and I therefore have no defence then change my mind and follow a different path?

 

I don't see any point in not acknowledging the claim asap. Just make sure that you click that you will be defending in full.

 

I would also be inclined to send off a CCA s78 request as well

 

If they do not respond, then you need to send off a letter offering them additional time to comply. There is a letter in the data base.

 

What do the particulars of the claim state.

 

Dont forget, they have to have defaulted you, s87 DN, before they are entitled to bring an action.

[Cena34]

Thanks for the speedy reply, much appreciated.

The POC are -

The Claimants claim is for the sum of £691.27 being monies due from the Defendant to the Claimant under a regulated credit agreement made in writing under reference xxxxxx

The Defendant has failed to make the payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

The Claimant claims the sum of £691.27.

 

It is from Northampton so will acknowledge ASAP

 

The claimant is Santander but it's Howard Cohen and Co Solicitors who it's asking for any correspondence to be sent to, I presume the CPR 31.14 and CCA request goes to the solicitors?

 

I think we've had a default notice but I need to pull everything together as this isn't the only debt we are being chased for but I'm now in the mood to fight them so need to get organised!!

 

My CPR 31.14 does offer them more time to comply but that they must inform me and agree to an extension to file my defence (see post 5 for my proposed CPR 31.14)

[mystery1]

Santander store card ?

 

How old is the card ? Is it still a store card, was it always a store card (only spend in a store/chain) and is it still only for 1 store/chain ?

 

How old is it ? Did she ever sign an agreement ?

 

M1

[Cena34]

Pretty sure it was only ever a store card for Evans, not sure if it could be used in other Arcadia Group stores.

 

Not sure on age prob around 3/4 years old.

 

She doesn't remember signing an agreement but I would think that she would have signed an application form and possible agreement.

 

Sorry, these answers are a bit vague!!

 

I was reading earlier about some store cards being converted into credit cards, is this what you are thinking? If so I don't think this was the case with this card.

[vint1954]

Thanks for the speedy reply, much appreciated.

The POC are -

The Claimants claim is for the sum of £691.27 being monies due from the Defendant to the Claimant under a regulated credit agreement made in writing under reference xxxxxx

The Defendant has failed to make the payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

The Claimant claims the sum of £691.27.

 

It is from Northampton so will acknowledge ASAP

 

The claimant is Santander but it's Howard Cohen and Co Solicitors who it's asking for any correspondence to be sent to, I presume the CPR 31.14 and CCA request goes to the solicitors?

 

I think we've had a default notice but I need to pull everything together as this isn't the only debt we are being chased for but I'm now in the mood to fight them so need to get organised!!

 

My CPR 31.14 does offer them more time to comply but that they must inform me and agree to an extension to file my defence (see post 5 for my proposed CPR 31.14)

 

Your CPR letter will need to request those documents that they are relying on.

 

It is important that you try and find your default notice. If it is not complient, then they could be in trouble.

 

M1 raises a good point regarding it being a store card. If it was then converted to a Santander credit card, there are also problems in that direction. They needed to provide a new agreement to convert it to a credit card. There is a sticky on the forum somewher, but it is detailed in CitizenB's newsletter.

 

For agreements post April 2007, the rules surrounding agreements and their signing is more problematical to defend. s127 (3) was repealed but was not retrospective, so still applies to pre 2007 agreements.

[Cena34]

Is it worth me posting the default notice once I find it for the expert eyes on here to have a look at? If I'm asking for the credit agreement in the CPR 31.14 do I need to CCA them as well? Just trying to same myself a pound and the price of recorded delivery

[vint1954]

Is it worth me posting the default notice once I find it for the expert eyes on here to have a look at? If I'm asking for the credit agreement in the CPR 31.14 do I need to CCA them as well? Just trying to same myself a pound and the price of recorded delivery

 

Indeed Cena34,

 

Post up the DN, minus your details such as name and address and account number.

 

I would invest the £1 in a cca request. Send it to Santander if they own the account. Also ask for it in your CPR, see what the differences are.

[Cena34]

Thanks everyone for the help so far, off to the Post Office in a minute so we'll see what comes back....can't wait!

[angel_1]

hiya cena

 

just come on to do exactly what you have done albeit mine is for a DIFF creditor however, ive subbed to your thread and if you wish to follow mine at the same time may be of help to you too, but looks like im going to end up doing what you have done already too, the guys and gals are fab here im sure we shall be sorted out and so dont worry just learn everything that others throw at you and take the guidance given

 

good luck and i will keep up with your thread to learn and offer support where i can

 

take care angel x

 

just come across this sticky as i was looking at starting my thread hope it helps if you havent yet seen it,

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation-Court-Claims

Edited July 5, 2012 by angel_1

[Cena34]

After a bit more advice please?? I've received a letter back from Howard Cohen & Co Solicitors saying that they acknowledge receipt of my CPR request but they are a bulk issuer and don't have the documents and are currently in the process of retrieving the documents requested.

 

The last paragraph says 'Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to submit your defence.'

 

Do I need to inform the court of this?

 

Do I just wait for the documents to arrive and then presume I've got 14 more days?

 

It just doesn't seem very exact timescale and I'm worried about what happens with the court and my defence deadline?

 

As always thanks in advance for any help

[vint1954]

After a bit more advice please?? I've received a letter back from Howard Cohen & Co Solicitors saying that they acknowledge receipt of my CPR request but they are a bulk issuer and don't have the documents and are currently in the process of retrieving the documents requested.

 

The last paragraph says 'Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to submit your defence.'

 

Do I need to inform the court of this?

 

Do I just wait for the documents to arrive and then presume I've got 14 more days?

 

It just doesn't seem very exact timescale and I'm worried about what happens with the court and my defence deadline?

 

As always thanks in advance for any help

 

Yes, you need to send a copy to the court. You may be able to do this online, but I would always check with the court by phone after. Also do not let the date for submissin of your defence slip by. If the court has not extended the time, all you can do is submit the defence you have, with the caviat that you can amend your defence, once the claimant has supplied the documents you have requested. DONT TRUST THEM TO PLAY FAIR.

 

Once you have all of the documents, then you have 14 days to submit your defence.

 

Watch them like a hawk.

 

It may pay you to PM Andyorch of ask CitizenB to do so.

 

Vint

[AndyOrch]

Hi Cena

 

If the claimant is in agreement to extend, this is done under CPR 15.5 which enables a further 28 days to your defence date.You are right though with regards to clarity and Mr Cohen always responds in this manner.Phone email or write and request an extension subject to his above response and confirm the date.He must acknowledge this in writing and then you write to Northampton with his conformation attached stating you have agreed an extension and your new defence date will be xxth xxxxx 2012.

 

Regards

 

Andy

[Cena34]

Thanks for the replies, I'll email Howard Cohen later and say that I want the extension granting now pending their response to my CPR 31.14. Do I need to do a full CPR 15.5 letter (presumably there is a template somewhere) or will it be enough to mention CPR 15.5 and its purpose in the email?

[AndyOrch]

Its just pursuant to CPR 15.5.

[mystery1]

You want the full 28 days and no solicitor or firm of solicitors can bend the rules like this. Telling you they'll give you 14 days when they can be bothered to find the docs is BS.

 

If they won't give you the 28 days or give them and still can't tell you fulfill the request (or even suggest when they can) then you you need to get on to the court via an aplication for an order compelling disclosure and/or stirking out the claim.

 

They are trying to play you as a fool.

 

M1

[vint1954]

You want the full 28 days and no solicitor or firm of solicitors can bend the rules like this. Telling you they'll give you 14 days when they can be bothered to find the docs is BS.

 

If they won't give you the 28 days or give them and still can't tell you fulfill the request (or even suggest when they can) then you you need to get on to the court via an aplication for an order compelling disclosure and/or stirking out the claim.

 

They are trying to play you as a fool.

 

M1

 

Indeed M1. N244 costs £40

[MrHat]

Have a read of my thread vs arrow global/mbna. I submitted several CPR 15.5 letters. You must:

 

Obtain in writing (email is ok) a response to your CPR 15.5 request from the claimants reps stating that an extension is agreed for 28 days beyond the defence deadline. It has to be a specific extension, not a vague one.

 

Once you have obtained this, it is your responsibility to notify the court and make sure it gas been actioned.

 

It's all in the early part of my thread. If they try and stall you, state that you will have no option but to get the court to order disclosure. Dont let them fool you into missing your defence deadline

 

apart from that, listen to Andy. You're privileged to have him looking in