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J2005

Hoist Portfolio/Howard Cohen Claim Form - Santander overdraft from 2009

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Gone ahead with the defence as it is based on the time left before the deadline this afternoon and submitted the SB defence as above.

 

Will make a donation after all the help and guidance I have had. Let's see what happens next now!

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Today, I have received a letter from Howard Cohen & Co solicitors in response to my CPR Request. Now as you can tell from posts above, my defence was submitted on 3rd July, I have a notification from the courts of this and as I understand, their 28 days to reply is ticking. Now the letter says the following:

 

 

20 July 2015

 

Dear J2005

Claim Info etc

 

We acknowledge receipt of your letter dated 16 June 2015 made under C.P.R 31.14 for documentation mentioned in our particulars of claim.

 

We are currently in the process of retrieving the documents requested.

 

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.

 

We trust this is in order.

 

Yours Sincerely

 

Howard Cohen

 

Now I don't want them to use this as an attempt to give themselves more time - now that my defence is in, I assume that the 28 days for them is still running? Is this letter not also a sly trick - a general extension of time but no definition of this nor an attempt to tell the courts, as well as it coming after the 14 days to acknowledge, let alone the deadline to defend!

 

Should I do anything with this? Contact the courts or just ignore?

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ignore

only you can 'accept' the extension, and by phoning the court and telling them

 

 

don't give them anymore time

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks dx. Little weird that they replied now though, seemingly half way through the defence period, like it hasn't happened.

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office junior I bet

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Can I just confirm, their deadline for replying is tomorrow? My calculation is that is their 28 days up?

 

Just so I don't waste my time checking with the courts.

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Its actually 33 days...but why bother being concerned and checking...you will know if they have made a response if you get a DQ (Directions Questionnaire)


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I've now received from the courts:

 

1. A Notice of Proposed Allocation to the Small Claims Track that tells me it is a defended claim, allocated to small claims track (and to tell them if I don't think this appropriate) and to complete the N180 form by x date.

2. Directions Questionnaire

 

From reading on here, I will:

 

- Tick yes to mediation

- Tick yes to small claims track

- State my local county court I would like it to take place at

- No expert evidence

- Me the only witness

 

As an aside I haven't had anything further from the claimant, since the letter saying they would deal with my CPR. I'm assuming that gets brought up if/when it goes to court.

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:thumb:

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 The National Consumer Service

 

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

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I've now received from the courts:

 

1. A Notice of Proposed Allocation to the Small Claims Track that tells me it is a defended claim, allocated to small claims track (and to tell them if I don't think this appropriate) and to complete the N180 form by x date.

2. Directions Questionnaire

 

From reading on here, I will:

 

- Tick yes to mediation

- Tick yes to small claims track

- State my local county court I would like it to take place at

- No expert evidence

- Me the only witness

 

As an aside I haven't had anything further from the claimant, since the letter saying they would deal with my CPR. I'm assuming that gets brought up if/when it goes to court.

 

Correct :)

 

You should send a copy of the Directions Questionnaire to the solicitor acting for the opposition (original to the court) - they should send you a copy of theirs, but I doubt they will :)

 

Make sure you keep a copy of yours for your own file.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have they provided any proof of the payment they claim you have made ?

 

Date - type of payment (DD - Bank Transfer - Over the Counter - Postal order ) ?


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks andy and citizenb

 

With regards to payment - nothing. This debt had been left for ages. It wasn't until I got the notice letter then the court papers just after did I look at it. Bar my call to Santander that says I made a payment, there's nothing I have from them

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then you most certainly don't mention that phonecall

 

 

its for the claimant to tell the court about any claimed payment that not you.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Correct :)

 

You should send a copy of the Directions Questionnaire to the solicitor acting for the opposition (original to the court) - they should send you a copy of theirs, but I doubt they will :)

 

Make sure you keep a copy of yours for your own file.

 

Just sending this now. Do I send one direct to the claimant, or just their solicitors?

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As above to the Court and the Solicitor


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Update...

 

Yesterday I received a copy of the Directions Questionnaire from Howard Cohen (their postmark now shows Cohen Cramer as a name weirdly, anyway) and today I received an email from the Small Claims Telephone Mediation Service. I'd accidentally forgotten to include my phone no. so will be providing them with that. Two questions I have:

 

The mediation appointment has been scheduled for a date I have pre-arranged to do something on that date (Helping a friend move house). Now I know which is more important, just wondering how likely they are to be flexible and move it? (I'm also away most of that week for work, so would ideally prefer time to prepare for the appointment).

 

The mediation requirement questions.

Mediation Requirements

 

Please read the following statements:

I can confirm that I am willing to compromise on this matter

I can confirm that there has been no police involvement in this matter at any time

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment

I can confirm that I can mediate on the date stated above.

The answer to 1, 2 and 4 will obviously be yes. However on the 3rd question, i have not had a response to my CPR request. Do I mention this here, or on the phone?

 

 

Appreciate any support. Thanks

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Simply inform them you have to change the date...no to 3.

 

Andy


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Simply inform them you have to change the date...no to 3.

 

Andy

 

Just to check. Is that:

 

a. Tick No on the form, which would mean mediation isn't suitable.

b. Don't tick no, tick yes and I won't get the CPR request info etc.

 

Sorry, just want to be sure ,Will tell them about date change.

 

Thanks

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No to b, because they have not/yet to comply with your request.....most probably wont comply anyway irrespective of mediation......disclosure comes later in the process after allocation.....so mediators/mediation is not really suitable for consumer money claims...when the validly of the claim is in question.

 

Andy


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Hi,

 

Just to update.

 

 

Against the initial suggestion I went for mediation.

I want this over as it's constantly in the back of my mind and I want it over so I pursued mediation.

My appointment is tomorrow.

I was hoping I might be able to get a low settlement or repayment plan

 

However I can back from being away with work today to find a letter from Cohens.

 

 

In it, seemingly in response to my CPR request they have included documents.

 

 

There are:

 

1. A copy/printout of my account opening paperwork.

2. A printout of all transactions.

3. A copy of The name change from Abbey to Santander

4. Notice of allocation to Debt collection

 

Now my query relates to 1 and 2.

 

 

Taking no. 2 first

- the printout looks weird.

Just looks like a spreadsheet of transactions with the Santander logo stuck on the top.

And weirdly they have the last transaction date spread over a long period of time

(it's two dates side by side, when all others are seperately itemised) and amounts to £30.

Conveniently this is the amount they claim I have paid.

However they claim I paid this in two separate instalments. Yet this doesn't show it.

 

Secondly, and possibly more importantly,

 

 

I had always wondered about my overdraft account.

I had this account for years, since I was a kid.

Their printout is from 2003, stating it is for a further education account

(I started 6th Form at this time and was working).

 

 

However I didn't start university until 2005.

There's no information with the documents about an overdraft (mine is a student overdraft)

and there is no mention on it on the document they have sent.

 

Is it likely they have very little?

 

The letter they have sent, I imagine to scare me, says

they encourage me to withdraw my defence and their client MAY let me repay over a period of time.

 

Just wondering if this is a significant development as I think it is,

that they don't have much in the way of information?

And right ahead of the mediation appointment?

 

 

And I assume doesn't fully comply with my CPR request?

It's thrown me slightly on my approach to take now

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they need to prove the payment was made by you

else no dice

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks

 

I have also just noticed on the solicitor letter they say credit card agreement and not overdraft. Not sure they have properly paid attention

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Dont give in on this one.. they seem to have nothing of any importance at best, for my twopenneth fight it.

 

how can you mediate before they have disclosed??

 

Post anything they send you so the CAG geniuses can help ( I am not one)


WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Post anything they send you so the CAG geniuses can help ( I am not one)

 

Hey JR - good to see you on here and posting. You're really too modest pal! ;-)

 

Sham

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Actually you embarrassed me into it..I saw all the hard work you are doing. Massive congrats to you!

 

Been caught up in some other work related plan I have been putting together and can not multi task in the slightest.


WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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