Hoist/cohen claimform - santander Credit Card 'debt' fast track Allocation?

[Molleyarm]

Hiya I sent in the N181 recorded delivery to the court where you have to sign at the other end they said they never received it but I had the proof - so I uploaded another copy to Northampton then today we have received a N271 notice of transfer of proceedings for allocation what does this mean now?

[Ganymede]

It means the Court received both sets of DQs and transfered the claim for Directions/Trial.

[Molleyarm]

Is that bad news on our part x

[Ganymede]

It simply means that the claim is proceeding.

[Molleyarm]

Thanks for putting no my mind at easy I suppose what ever happens will be - it's good to have advise tho cheers

[Molleyarm]

Do you think I need expert legal advice??

[Ganymede]

That's what this place is.

[Molleyarm]

Cheers I'm just a touch nervous

[AndyOrch]

Next will be the Notice of Allocation that you receive Molley...read this carefully for the directions...as there will be actions that you must take and comply with by the dates stated.

Post if you are unsure of anything...don't just skim read and then forget it.

 

Andy

[Molleyarm]

Thanks Andy will read it very carefully xx

[Molleyarm]

Hiya We have just received a letter from Hoist saying the following "We acknowledge receipt of your Defence dated 22 Feb 2015. We note your allegation that you have not made a payment within six years and you reference s.5 of the limitation act 1980 which for the avoidance of doubt dictations:- An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. however we must advise that the last payment received on your account was £264.05 on the 27th April 2009, within the past six years and the debt claimed in these proceedings is therefore not statute barred. Therefore, we now formally invite you to withdraw your Defence in writing and furnish us with your proposals to discharge the sums owing in this matter. We reserve the right to exhibit this correspondence to the Court should you fail to withdraw your Defence." How should I reply please ????

[AndyOrch]

The date on the claim form was 19th Feb 2015.

 

 

we must advise that the last payment received on your account was £264.05 on the 27th April 2009

 

Did you make that payment? Can you prove otherwise?

 

Andy

[Molleyarm]

Yes we made that payment that was the last payment we made

[AndyOrch]

Then they are correct....its not statute barred.That is why we specifically warn every poster to be 1000% sure of the last payment/acknowledgment before advising to use the statute barred defence.In this case Molley...you had already submitted it and only started your thread from allocation onwards.

 

Regards

 

Andy

[Molleyarm]

Sorry Andy am I in hot water now! Will I now have to repay the debt

[AndyOrch]

Its a case of damage limitations now....considering that this is in the Fast Track.They have asked for you to withdraw your defence and for your proposals on how you intend to discharge the debt.

 

I would be contacting the solicitor and proposing settlement by way of a Tomlin Order...dont offer to withdraw the defence...its not required if you can settle by Tomlin.

 

I assume that you would not be in a position to settle in full payment and therefore you must request a monthly payment plan.Tomlin Orders can be drafted to encompass this and avoid a CCJ and even costs...subject to your negotiations skills.

 

Regards

 

Andy

[Molleyarm]

Thanks Andy will go ahead and do this

[Molleyarm]

Will a Tomlin order be the best way forward in this case Andy I've never hear of one before, what dose it entail??

[AndyOrch]

Given that we have no history of the debt or lead up to the claim...I assume that you made a request for this agreement (being pre 2007)...have they ever complied or have you never requested it?

[AndyOrch]

Will a Tomlin order be the best way forward in this case Andy I've never hear of one before, what dose it entail??

 

Take a read of the following thread...it details how a Tomlin Order is drafted and successfully agreed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?380935-Claim-Form-DLC-Hillies-old-MBNA-credit-card-***-Settled-by-Tomlin-Order***/page16

[Molleyarm]

Ive had a read of this thread - thanks, I will contact the solicitor and request a Tomlin Order, in your opinion will I have to repay the full amount - thanks

[AndyOrch]

That depends on how good your negotiation skills are and how desperate they are to resolve it without throwing further money at it to proceed.

[Molleyarm]

Once again thanks

[Molleyarm]

Hiya I have been advised by the national debt line to get a solicitor could I not negotiate with hoist,s solicitor to resolve it with a Tomlin order xx

[AndyOrch]

Haven't we already discussed all that from post #41 above onwards? Why would you need a Solicitor?