Santander Response to Sons claim for excess charges and PPI

[tedney]

Hello Everyone

 

 

I am trying to help my son with summons received from Santander.

 

 

He responded to the summons on line, and asked for extended time to file defence and counterclaim.

 

 

He sent a letter to their solicitors H. Cohen, but has not had any response from them in the time frame given.

 

 

Amount allleged due is entirely made up of late payment chages, interest and PPI payments.

 

 

Account was last used for purchases in 2007,

but some payments have been made since then.

 

 

My son is also adamant that he has not received a default notice referred to in the summons.

 

 

My question is:

Does he wait for response from Cohen befoe entering detailed defence,

or should he enter a "holding" defence, and if so, how much detail needs to be provided.

 

 

Thanks t

Edited January 21, 2012 by tedney

[rebel11]

Thread moved to Legal Issues forum.

 

The guys will be happy to advise as soon as they are available.

[tedney]

Update - Summons dated and received before christmas - now received default notice dated January

as per attached.amount on DN significantly below claim on summons, like less than half, without fee and costs. Have applied to court for strike out as no response to CPR request. Should we be doing anything else please? Thx. t

[AndyOrch]

Can you expand Tedney on this application you have made, I doubt very much a strike out would be ordered for non disclosure.

 

Regards

 

Andy

[tedney]

Draft Order reads in part:- Unless by 4:00pm on 30th January 2012 the Claimant complies with a request made by the Defendant on 5th January 2012 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely the agreement and the default notice, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court - Submitted with N244, with statement that documents requested are required for preparation of defence.Thx. t

[AndyOrch]

So no agreement disclosed was there an hearing for you application, have you had a response from the court re your draft?

 

Andy

 

PS Your upload is too small

[tedney]

So no agreement disclosed was there an hearing for you application, have you had a response from the court re your draft?

 

Andy

 

PS Your upload is too small

 

No agreement, no default notice at time claim issued, no breakdown of amount claimed. No hearing, requested as such on N244, no response received as yet. I will try and expand attachment and re-upload. Thx. t.

[tedney]

Here is photobucket link to DN copy:http://i1150.photobucket.com/albums/o617/camriser/revdefaultnotice.jpg

[AndyOrch]

So the Summons date precedes the DN date? Did you serve a copy of the application on the Claimant? What is the time line for submitting your defence?

Can you give details of their P.o.C less any identifiables verbatim.

 

Regards

 

Andy

[DonkeyB]

Can you give us a lot more history, including the history of the account, and full details of the particulars of claim? Did you file a defence??

[DonkeyB]

Never seen that before, Andy – issuing a DN during the claim!

 

I wonder what would happen if you paid the arrears?

[AndyOrch]

I'm wondering whether the Court or Tedney as copied the Claimant Donkey ( Application on Notice) seems a coincidence the DN turning up even if its post dated litigation.

 

Andy

[tedney]

So the Summons date precedes the DN date? Did you serve a copy of the application on the Claimant? What is the time line for submitting your defence?

Can you give details of their P.o.C less any identifiables verbatim.

 

Regards

 

Andy

 

Yes summons issue 19/12/2011, DN 25/01/2012. Application not served on claimant, answered on N244 "who should be served with this application - Claimant. Defence and counterclaim issued, AQ received last date for filing 9/2/2012.Here is P.o.C http://i1150.photobucket.com/albums/o617/camriser/blnksummons.jpgThanks again. t

[tedney]

Can you give us a lot more history, including the history of the account, and full details of the particulars of claim? Did you file a defence??

 

As first post, this is my son's account and claim. I am trying to help him.Basically it is a store card, last used to purchase around 2007. Evidently amount owed on the card is made up of late payment fees and PPI payments and interest thereon. I am awaiting view of statements, he is not the best record keeper! Defence filed as mentioned, but requested details of how claim sum is made up.Thanks. t

[DonkeyB]

Duff link.

 

Paste the IMG code here and the image will pop up.

[tedney]

Second try?

[debbbbsy]

.Basically it is a store card, last used to purchase around 2007.

 

Okay, this store card was it set up with GE Money, who were taken over by Santander in 2009.

 

The original credit agreement may not have been with Santander.If so, your son never entered into a credit agreement with them.

 

Howard Cohen will bow when challenged. They don't have the credit agreement, and the Default Notice you have recieved cannot be the one referred to in the claim. I also challenged howard cohen on a store card that had been changed into a credit card.....they discontinued. That was 5 years ago.

[tedney]

OK, slight delay due to computer malfunction! Have now received without prejudice letter from Cohen "After further consideration our client has decided not to pursue this matter, and is prepared to withdraw claim, provided defendants counterclaim is withdrawn, with each side bearing own costs" With letter was a consent order: The Claim against the Defendant is discontinued. 2. The defendant withdraws his counterclaim and 3. No Order as to costs. Have not yet heard back from court in respect of N244 application mentioned above. We propose to wait for few days before responding, in case court issues order?Thanks for input andyorch and DonkeyB . Interesting info debbbbsy.

[AndyOrch]

Well done Tedney,

 

I assume that the above is acceptable to your son? Notice its withdrawn and not discontinued complete with Consent order so you dont try for wasted costs.

If the above is acceptable you need to pull that application and even request a refund.Would you like your thread title amended to reflect this result?

 

Well done

 

Andy

[DonkeyB]

The problem I have with that order is that it does not state they won't try again. They are as tricky and slimy as a box of frogs.

[DonkeyB]

They know they cannot continue this case, having issued a DN after commencing litigation on the basis that a DN had actually been issued. They know they have messed it up. But that order leaves the door open for them to return (though I can't see how the PoC would be different or the evidence different). But we know courts are flexible with claimants, so see what happens with your N244.

[AndyOrch]

If the current Application is left to proceed you could request judgment if successful SO is applied.They wont come back again then.

[AndyOrch]

Oh and with costs!!!

 

Andy

[tedney]

I will post up N244 for comments. I thought that the wording, "claim discontinued" and "withdraws counterclaim" were ominous!Am contacting court to find out current status of N244. Son is happy that iimediate threat is subsiding. Have sent a SAR so that a claim for charges, PPI and interest can be started. In the meantime, will pay "arrears" to keep claims at bay.Box 3 on N244:Claim No: XXX XXXXXDraft Order1 Unless by 4:00pm on 30th January 2012 the Claimant complies with a request made by the Defendant on 5th January 2012 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely the agreement and the default notice, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.2 In the event that the Claimant shall comply with this order, the Defendant shall file and serve a Defence by 4:00pm on 13th February 2012 and the Claimant shall pay the Defendant his costs of this application assessed in the sum of £130.00.Box 10 on N244:The Defendant takes issue with the Claimants Solicitor’s Particulars of Claim.The Particulars of Claim do not disclose an adequate statement of facts relating to or proceeding any alleged cause of action.A true Statement of Account from Santander Cards UK Limited has not been received disclosing all activity on Account xxxxxxxxxxxxxxxx up to the date of the claim.It is denied the alleged Default Notice has been served under the hand of the Claimant.The Claimant’s Solicitor failed to include the date to support their claim a Default Notice was served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.No details are offered to the court in relation to the alleged debt, or any other matters necessary to substantiate the Claimant's claim and method used to calculate any outstanding sum due.The Defendant avers that the amount claimed comprises of late payment fees, over limit charges, and payment protection insurance premiums that are unlawful at Common Law, Statute and recent Consumer Regulations

[tedney]

Sorry about last post, tried to edit for paragraphs, but unsuccessful!