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Hoist/Cohen - Claimform Santander Credit Card 'debt'***Struck Out***


daniel197
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Hi Andy, in the amended defense, am I saying paragraph 1 is noted and I have had a contractual relationship with Santander due to me having what looks to be a notice of assignment?

 

Also when filing my defence do I need to copy the POC in or just my response?

 

Thanks once again for all your help.

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Hi Andy, in the amended defense, am I saying paragraph 1 is noted and I have had a contractual relationship with Santander due to me having what looks to be a notice of assignment? No due to the fact that you have had a Santander Credit Card.....Unless you have never had a card?

 

Also when filing my defence do I need to copy the POC in or just my response? No

 

Thanks once again for all your help.

 

Andy

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Thank you Andy. Managed to access the MCOL website now. Just noticed on the POC that what I've written as paragraphs 2 and 3 are actually combined on the claim form. Like this

 

 

The debt was legally assigned by Santandericon Cards Ltd to the claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. .A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

 

You break the particulars down into paragraphs to enable an easy response.

We could do with some help from you.

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  • 1 month later...

Fill this out and send back to the court?

 

Yes and a copy to the claimant by the date stated.

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 OTHER

 

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  • 2 months later...

Been a while since I've been on here.

 

 

Since my last post the DQ was returned to the court.

Not heard anything since.

 

 

Just checked the MCOL website and theres an entry stating the claim issued against me was struck out at the end of July.

 

 

Forgive my lack of knowledge but what exactly does this mean?

 

 

And why haven't I received anything in the post about it?

 

Cheers

Dan

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means you won!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well done and thread title amended accordingly

 

Regards

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 months later...

Seems this hasn't totally got away yet :-(

 

Letter from Howard Cohen Solicitors received today with copies of CA, transaction summary, DN and NoA.

 

State they will consider any reasonable offer and include an evidence of means. Want a response within 14 days or will seek clients instruction to apply for judgement. Gonna do a search on the forum for any other similar cases. In the meantime, any thoughts?

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was the old result actually struck out

or was it stayed?

 

if struck out

they'd need to start the whole process again.

 

if stayed they'd have to pay to unstay it.

 

eitherway

just 'because' they've magic'd up some paperwork

is does NOT mean the debts enforceable

or

they WILL goto court by whatever route again.

 

willy waving I suspect.....

 

can you scan up what you've received after redaction to a word doc converted to pdf?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok, hope these come out ok. I'm pretty sure i've removed everything I should have, but grateful if anyone sees anything I missed and lets me know.

 

I've left out scans of the evidence of means and transaction summary but can get these up if need be.

 

Cheers

Edited by dx100uk
35Mb of scans reduced to one mulipgage doc of .2Mb - dx
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where ar all the sheets of T&C's?

its more than one page that's for sure.

 

 

is that CCA signed by you?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

well they 'could' claim that the meets a section 78 reconstruction

which is all they have to prove

 

 

but to use that to enforce in a court of law is another matter.

 

 

did you actually sign anything

or was it an online signup?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

so poss might meet the recon bit then

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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