Received court papers by Howard Cohen / Santander.

[Bandit127]

I am not a legal person, so below is my amateur view.

 

CPR stands for Civil Procedure Rules. It is a set of rules that govern the way the legal system in the County Courts works. You don't need to know them all, but you should know that they exist. They will make the process fairly predictable in what steps are taken when.

 

CPR 31.14 is Disclosure and Inspection of Documents. It is used to request documents from the other side that relate to the particulars of claim. For example, the agreement is mentioned in the POC. While you have already asked for a copy of the agreement with your CCA request, you can (and should) also request it using CPR 31.14.

 

Hopefully someone better qualified than me will be along to help you further.

Edited August 26, 2012 by Bandit127

[postggj]

on the N1 county court claim form

 

is cohen the claimant himself, if he is then any debt would have to have been assigned to him (he does not buy debts)

 

is santandar mentioned as joint claimant

[rebel11]

Hi chloeair

 

Can you please stick to this thread, don't start any other threads on this issue.

 

Your other thread has been closed. If you need to refer to it, you can find it here:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?362331-Howard-Cohen-Santander

[chloeair]

Sorry - knew I started another thread but I did it before the old thread was moved from the DCA group - sorry to cause confusion.

 

The Claimant is listed as Santander Cards UK limited.

 

I have just been online and acknowledged the claim and requested the 28 days.

 

So, I have sent already a CCA to Howard Cohen, do I need to send the CPR 31.14 to him as well, or to Santander?

Could anyone tell me where I find a copy of a template to send?

[chloeair]

If I choose to just to complete the form with expenditure - can i include my babies nursery fee in this?

Just worried as I owe the debt if I am doing the right thing - if they can't provide the CCA does this make a difference to me having to pay the debt?

The expenditure looks dire as it is.

Plus just had some really rubbish health news from Friday from a lump being removed on my leg and it seems so bloomin hard work to fight any of this. If I was to offer £5 or £10 a month would they laugh at me?

I work about about £360 a month for household? to include my babies nappies, milk and my food - would that be about right.

[Bandit127]

Yes, include child care. £10 for haircuts, holiday fund etc etc. Put what you can in - the judge will want to take some stuff out (that is human nature after all) and the more you start with the more you have left. Do not worry if it comes out as a minus number!

 

Fill out your Statement of Affairs at make sense of cards. You can save this and use it as a reference for the court form.

 

Internet and broadband/cable can be seen as luxuries. If you smoke, you are on your own... But the entries for haircuts, clothes, holidays etc are there for a reason. Put £10 in each of those.

 

I don't like posting links to "other" debt sites but the Bankruptcy and Living With It forum on MSE is excellent for finding out what a good SOA looks like and what an Official Receiver would accept as legitimate expenditure. Have a look through the posts until you find someone who has posted their Income and Expenditure or SOA. The feedback and comments will let you get a good idea of what is generally acceptable.

 

If that is the way you want to go I suspect you will get a fairer deal from the court than you would from the DCA.

 

And like I said - don't worry if it comes up with a minus number. It is a statement of fact regarding your I&E. If it comes up minus - the judge will not send you to prison but you might want to look at what you could change going forward. After all this has settled down...

 

P.S. Don't post your own up on there unless you use a different user name. The DCAs read both forums and you don't want that info available to them...

Edited August 26, 2012 by Bandit127
Added a P.S.

[chloeair]

Thank you so much.

Got a bit tearful trying to sort it out tonight as my finances actually just don't add since I was on my own. Even being truthiful and adding it what I do get still makes it look rubbish.

I kinda think looking at it that maybe it will be easier doing it this way than the DCA.

I have managed to keep up to date with my personal loan as it is with my own bank and am always terrfied they would just take it from my wages leaving me unable to pay the rent - will the court look at me badly for keeping up with one debt and not another?

[Bandit127]

Thank you so much.

Got a bit tearful trying to sort it out tonight as my finances actually just don't add since I was on my own. Even being truthiful and adding it what I do get still makes it look rubbish.

I kinda think looking at it that maybe it will be easier doing it this way than the DCA.

I have managed to keep up to date with my personal loan as it is with my own bank and am always terrfied they would just take it from my wages leaving me unable to pay the rent - will the court look at me badly for keeping up with one debt and not another?

I doubt it. The DCA industry certainly don't care.

 

After this has been sorted you should open an account with a bank that is not connected to your debts. You can get control back then. Your credit rating probably already has defaults - and if you accept this claim you will have a CCJ too. So, no point in sacrificing all for a bank loan and credit rating.

 

Back to the claim - when does the acknowledgement need to be in by? While you could defend if the CCA is not compliant (and it probably won't be) you should understand that it will probably take energy and stress to defend and you should figure that in with your life as a single mum and the bad news about your lump when you decide which way to go.

 

Either way we can support you through it and give advice.

[chloeair]

It was issued on 20 August. I have acknowledged online for 28 days, so does that mean I have 28 days regardless or if I choose to just send in my finances it is still 14 days?

 

I have the doctors in the morning for the 'talk' so just trying to get that out of the way first.

 

I started to complete the form last night but got a bit in a mess, so figured will try and calm down a bit with everything that is going on then get it going. The CCA request was sent on 14th August before the papers arrived.

 

I do have defaults on my account so figure probably (don't know if I am being a bit naive here, that a CCJ is prob not the worst thing that can happen right now)

 

Can I submit a letter with the form if I do choose the route of 'admitting all' explaining my circumstances?

[postggj]

was this store card ever changed to a credit card (upgraded)

[Bandit127]

Not sure on what you need to put in. You have a few days to get expert advice though.

 

In the meantime, good luck at the Docs. I hope that goes OK.

[dx100uk]

threads merged

 

this PPI and PENALTY charges reclaims

have you got all the statements?

 

dx

[AndyOrch]

" Can I submit a letter with the form if I do choose the route of 'admitting all' explaining my circumstances? "

 

Hi Chlo

 

Within your summons pack there is a response sheet for admittance (N9A)

 

Responses to Claim Form

 

Payment in full

 

To satisfy your claim the defendant must pay the full balance of principal debt, interest, court fees and solicitors fixed costs as stated within the Claim Form.

 

Payment in part

 

If only a part payment is made, of say the principal debt, then you are entitled to proceed for the balance of the interest and costs. BUT it should be noted that if payment is received prior to the issue date then no costs could be recovered even if the claim has been requested. If payment is made on the same day as issue the court take the view that the defendant has paid without having sight of the proceedings and although we will write for the costs and interest on your behalf we do not recommend that you proceed further with the claim should payment not be forthcoming.

 

Admission debt and payment offer

 

If the defendant admits the claim in full and is asking for time to pay, either by instalment repayments or a specific date in the future, he sends the completed form to the Claimant. If you accept the offer judgment will be entered against the defendant and the court will forward a judgment order to the defendant informing them how and when to pay. If you reject the offer, perhaps you know the defendant has assets to satisfy the debt, then we will request judgment stating that the proposals are unacceptable and give the reasons why. The court will determine a rate for payment.

 

If the defendant admits part of the claim and you accept the part admission in settlement we will request judgment for that amount plus the recalculation of interest and costs allowed for that sum. If the Claimant rejects the part admission then the court will treat the matter as a defended matter.

 

Regards

 

Andy

[wotnot]

Am I missing something? Would it not be better to put in a defence, after acknowledgement of service 14 days in giving you another 14 days so 28 in total before filing a defence, saying you do not owe the money and then look for an extension later on whilst they prove otherwise - citing CCA, SAR etc.

[postggj]

no need to do a defence

 

you just ask the creditor for an extension to file a defence of another 28 days as to cpr 15.5

 

thats a total of 56 days allowed to file a defence

 

i myself would do directions to strike out via an unless order if they do not have the documents

 

but thats me