HPH2/cohen claimform - Santander Loan 'debt'***Claim Struck Out***

[dx100uk]

I did back to early 2009 and I can't see anything relating to Santander, nothing at all from Jan 2008 onwards.

 

I can see a payment in June 2008 for £100 to CAPQUEST, i hope that's not an arrangement for this? otherwise the 6 years are still within..

 

ask the bank the ref number then check a cabot letter

 

 

dx

[flappymoog]

CAPQUEST was maybe an old EGG debt, to be fair I think I maybe right about it being SB - worst case if I do owe it, I will have to pay it, that's not an issue I guess

[flappymoog]

One last question - they sent the CCJ to my old address (5 mins away) should i give them my new address on the CCA / CPR before i post it?

 

I don't want bailiffs going to the old address worst case scenario as I know them really well!

[dx100uk]

file the SB defence then.

as long as you are sure its SB'd

 

 

E&W

....

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

.

.

[dx100uk]

One last question - they sent the CCJ to my old address (5 mins away) should i give them my new address on the CCA / CPR before i post it?

 

I don't want bailiffs going to the old address worst case scenario as I know them really well!

 

 

yes new address

[flappymoog]

Hi Dx,

 

I am not 100% - id say 80% so should I just post the CCA/CPR

 

Thanks,

Flappy

[dx100uk]

as post 25

you must send them regardless

 

 

get them running!

 

 

..

 

 

why not phone satans bank and ask the last payment?

 

 

dx

[flappymoog]

HI DX,

 

I just rang them as requested and finally got through to the "loan dept" the guy said that he can only see the outstanding balance and nothing else because the account was sold last October 2014.

 

He said that any information regarding last payment etc would be available from Hoist because they should have any information.

 

I am not sure if this is good or bad news?

 

Thanks,

FM

[Bazooka Boo]

Wait a minute, they SOLD a CCJ?

 

ONLY the name of the company who won the CCJ can collect on it, they can't flog it on and let someone else do their dirty work!

 

The court would love to know of this.

[flappymoog]

Hi Bazooka,

 

No CCJ - this is at the moment just a Claim Form, they are trying to obtain a CCJ, either because it is SB or soon to be SB I guess.

 

Thanks

FM

[Bazooka Boo]

Apologies, spreading myself too thin, getting confused with other threads!

 

OK, I'm with you now.

[flappymoog]

Do you think they would try a CCJ if they knew it was SB?

 

If they knew it wasn't SB you would think they would just add that info into the claim?

[Bazooka Boo]

They will do and try anything and everything to get their hands on their mucky money, that's what parasites do,

[flappymoog]

What % do you think they paid for the debt? this could be a figure to use in offering them a settlement if they get a CCJ

[Bazooka Boo]

can be as little as 6 pence in the pound.

 

You don't want them to get a CCJ, which is why you defend in full if they play that card.

[flappymoog]

I don't have much income, none spare really - mortgage is in negative equity and no oil paintings etc to sell.

 

They will know this from my credit file, so I don't understand why they have paid Howard to go for a CCJ because Bailiffs wouldn't get anything as I have nothing.

[dx100uk]

satans bank must hold details for 6yrs

I bet if you were to SAR them

they'd have it all.

 

 

trouble is that's 40 days

 

 

if you think its sd's

pers I'd file the sb defence now

 

 

its for the claimant to prove

not you

 

 

dx

[flappymoog]

If I did SAR them and the CCJ was issued - could it then be removed?

[dx100uk]

if you latterly got a ccj

then found out it was sb'd by the time of the date on the claimform

then it could be set aside for that reason alone

 

 

dx

[flappymoog]

Hi Dx,

 

Okay - I will pop along to the PO now and post the CCA / CPR and at least that is underway.

 

If you think it's worth an SAR to Satan's Bank I can do that, but I think that we should get the info and verification from the CCA if it is SB, if I don't hear back soon then I file the defence that I believe it to be SB?

 

Thanks

FM

[dx100uk]

I doubt the statement that must come with the CCA return will show anything

they'll simply produce it for the time since they've brought the debt.

they aren't silly.

 

 

if you get the sar by the time they ever do anything after it gets stayed

then you I think can get the claim struck out.

no sure

[flappymoog]

Okay - I do the SAR tomorrow, perhaps like you say I should just defend it now saying it's SB at least the ball is rolling and one way or another I can know for sure and then figure out how to deal with it.

[dx100uk]

cant you catch the post today?

dx

[flappymoog]

Yes - I am sure I can, so I do a SAR

 

£10 Postal Order?

 

all of my addresses since the account was taken out?

 

Thanks,

FM

[dx100uk]

do it today catch the w/end post

 

 

22nd june is a good few weeks away.

 

 

might come in time?

dx