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Santander/Comet finance claim form [faulty laptop sent back never seen again]

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Hi,

I have just received a letter from the county court about a credit with Santander

which I have not paid as there is a dispute between me and them.

 

I purchased a laptop from comet and Santander provided the credit.

 

After few months I took it back for repair as it was still under manufacturers warranty

unfortunately comet went bust and

I couldn't get my laptop back as its under administration.

 

Santander called and I explained to them the situation

but they have refused to listen and

 

the letter that I have received is from debt collection agency they have sold the debt to them.

 

My question is what are my chances of winning or defending this in county court

as I cannot pay for something that I don't have or should I ask them to come to an understanding

so that I can pay some of the debt.

 

The laptop was £400 but now the debt is £650

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Can I ask. When Cmet went bust, what did the administrators say?

 

You say a 'letter' from the county court. Is it a claim form and if so can you print out verbatim what it states without identifying yourself


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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It is a county claim,

 

the administrator said I should fill a from online to make a claim

which they will pay suppliers and then the bottom pile i.e. people with less claim.

 

The claim states the claimant's claim is for 526 being monies owed due from the defendant to the claimant

under a regulated credit agreement made in writing under ref xxxxxx.

 

The defendant has failed to make payment.

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post up that 'letter' please

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx


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what should I do guys as I don't want to have CCJ

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Read the thread again. Youve already been given your next step. See post #7


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Another question. Was this a personal loan you took out with Santander to then go to Comet and buy the laptop OR did you sign up in store?

 

You have 3 choices with the court papers

 

1 Admit the debt

 

2 Partially admit the debt

 

3 Defend

 

I would go for option 3 as if you go with the other two, you end up with a CCJ. At least with option 3 you have a chance of winning.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I have uploaded the form its called county claim form

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claimant Santander cards uk limited

solicitor Howard Chen & co Solicitor

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If there is no connection between Comet and the credit then the laptop has no bearing on the court claim.

 

Regards

 

Andy


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now i'm puzzled....

 

you said in post 1

 

the letter that I have received is from debt collectionlink3.gif agency they have sold the debt to them.

 

so its not been sold then...

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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well I called Santander yesterday and they said they are not dealing with the account they passed to the debt agency but it seems that Santander are still pursuing this matter

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its HP agreement coz it was buy now pay after nine months

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the laptop was from comet financed by Santander

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the laptop was from comet financed by Santander

 

Excellent ..then you have a defence..you need to examine your agreement now to see what recourse there is.

 

Regards

 

Andy


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if I cant find the agreement what should I do next

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if I cant find the agreement what should I do next

 

Request a copy from Santy either by a section 77/78/79 request or DSAR but the latter can take up to 40 days...but you should request a section 77/78/79 HP anyway once in receipt of a court claim.

 

You can also research the internet and see if the credit is still offered and if the T&Cs are available to download.


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You must reply & fill in the form that you wish to defend at this earlier stage

so the claimants can see that you wish to defend.

 

You must request that you wish to have the hearing at your local county court.

 

The second stage is that the claimants have to pay more money to file for the hearing,

you will received another form to fill in to put your defends through.

 

It will go through differenct stages.

 

If its a big company taking you to court, there have to have a solicitors ,

they cannot put a member staff to repersent them

 

I went through something similiar last year and i had to defend a claim against me.

MBNA tried to sue me, but they decided to withdraw three weeks beforecourt hearing,

because they not provide me with the copy of their contract that i had with them.

 

But you must remember fill in the form now and sent it back if you dont the claimants will get the judgment in their favour.

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what about the claim should I reply online and say am disputing the claim

 

Yes ...register to use the MCOL service and obtain a username...the password is on your summons.

 

You have 33 days in total if defending ...5 deemed served so 28 remaining 14 to acknowledge service and another 14 days to submit your defence.

 

Also get your CCA request of today if possible..template is in the Library under debt collection.Section 77/78/79 HP agreement

 

Regards

 

Andy


We could do with some help from you.

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its HP agreement coz it was buy now pay after nine months

 

just because its have now pay later still might not mean its HP

 

could still be a personal loan but with the goods named on it.

 

mine was

but that was back in the early 2000's


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi guys, I have sent out the CCA request will wait and see what happens next. I have a question should I fill my defence online now or wait for the CCA to come?? Also what should I say in my defence in the form to make my defence solid. Thanks once again.

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Subject to the date on the claim form see post #36.

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I have received a letter from howard cohen saying I should pay or in 14 days they will seek judgement against me. Please help me with the defence as am not that well prepared am clueless.

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take the date of the claim form

 

add 33 days

 

that's when you must submit by.

 

this is only carter doing his usual rubbish to stress you out and give in

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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