HPH2/Cohen claimform - old Santander [GE Money H.Samuel] Store Card 'debt'***Claim Dismissed***

[PayingThePiper6765]

completed to the standards content and form

 

pardon? i'm crap at this...

[AndyOrch]

Your defence stops after point 3 ..all defences normally run to 6/7 points and puts the claimant to strict proof to evidence all documents its claim relies upon.

 

The following thread will provide guidance.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?445482-Hoist-Cohen-claimform-Ex-Santander-CC/page5&highlight=HOIST+PORTFOLIO

[PayingThePiper6765]

1. The Defendant contends the particulars of claim. They are generic and undetailed, with no real explaination of the debts origin. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default.

 

3. Paragraph 2 is denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

4. On the 23rd May 2016 I made a legal request by way of a section 77/78/79 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim. As the accusation is vague, I dispute the allegation of failing to make contractual payments as no contract has been provided.

 

5. The claimaint claims interest, costs and fees for something that has not been proved by them, so i reject these claims and wish to claim costs myself.

[AndyOrch]

Does not put them to strict proof to disclose ...as per the above thread I linked which you have not bothered to view.

 

Andy

[dx100uk]

:frusty::frusty:

[PayingThePiper6765]

Does not put them to strict proof to disclose ...as per the above thread I linked which you have not bothered to view.

 

Andy

 

OUCH!

 

I have read the link you gave. The problem is simply this, Im thick as pig poo.

 

I'll just muddle on regardless. thanks for all your help. i will send a donation friday.

 

All the best

[AndyOrch]

I have taken time and gone to thread and copied the defence for you...here it is all you have to do do is amend it to suit your claim....amend dont remove anything.

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted insofar as I have in the past held a contractual relationship with Santander. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply to my request.

 

3. On the 25th May 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[PayingThePiper6765]

just one thing.

 

The court document gives no details of the debtor. just a random sixteen digit number. Do i still proceed using santander?#

 

And thank you very much!

[dx100uk]

16 digits is a credit card

 

if you are able to understand this site.

you can look up exactly what the card was for..

 

but that's not your problem really.

 

 

.you aren't trying to bring a speculative claim before a court.

 

 

try here:

http://bin-iin.com/Discover-BIN-List.html

[dx100uk]

also

have you looked at your credit file

that will tell you.

 

 

dx

[PayingThePiper6765]

Hello.

 

Just to bring you up to speed, my court case was on the 1/11/16.

 

I won. Because they didn't show up. The beak said the claim wasn't very good to begin with. He refused to give me any costs however.

 

Thanks for the help you gave me, and I hope the donation helps.

 

@Andyorch. Not everyone is as smart as you.

 

Merry xmas!

[AndyOrch]

And many thanks for your donation PTP...delighted that this has been resolved for you.

 

Thread title amended to reflect the outcome

 

Well done

 

Andy