Thanks for the replies!! I thought no-one responded then I noticed the post had gone onto two pages doh!!! I provided santander with all the details provided by cohen's, like I said before cohen took nearly 5 months to respond to my CPR request and I got an incorrectly titled default notice. I rang Santander to check, provided them with the requested details and they said nothing is showing, the details must be incorrect?? I will look at producing a letter as per CPR 31.17. Thanks for the advise!!

Another update, Got a letter off Santander this morning, containing my postal order, original SAR request and my envelope with a covering letter saying:- Thanks for you enquiry, unfortunately I am unable to provide any information at this time as I have been unable to locate your account. The account number quoted is invalid. Please resubmit your request with correct account number. The account number I requested information on is exactly the same as the one supplied by Cohen's, I thought I'd made a mistake but just verified this with 4 other people and my information is correct. I'm confused now!!

Thanks for the advise Uncle, it worried me a bit. Thanks!!

Just and update, received a letter today from courts stating the case is to be transferred to my local court to deal with the set aside, I will be notified of the date of hearing and the other parties will be told of the same. This is all new to me, Does this mean I go to court for the set aside? I don't own my home, it's my parents as they are both elderly and disabled I help them in between working. Do you think they could of put a charge on the property?? Thanks for the replies!!

Just an update, SAR sent to Santander no reply as yet, paperwork sent to court no reply as yet. My first payment is due today, would it be advisable to pay the first installment, I can't really afford it though but if it saves trouble then I will, currently my outgoings are greater than what I have coming in :o( just hoping for things to pick up! Thanks for all the advise anyway, great forum and people!!!

I don't know if you noticed but my DN mentions a mothercare card when it was an asda card, although the account numbers are the same. I'll get on with those tasks today SAR to Santander and Courts to set aside. Thanks for helping!

Thanks for the advice DonkeyB, I've just looked at my paperwork and read somemore threads on here and just realised it was CPR 31.14 I had sent, I had assumed that's what SAR was sorry for the confusion!!! Although every time I go on here I learn a bit more!! Thanks

Thanks for your advice, really appreciate it!! All the best. Done scans of CCA and DN Could someone cast an eye over my CCA and DN please cca1.jpg picture by andy262000 - Photobucket http://i736.photobucket.com/albums/xx6/andy262000/cca2.jpg http://i736.photobucket.com/albums/xx6/andy262000/asdadn.jpg

Thanks for your help Uncle, I think your right about the copy of CCA I thought it looked weird could well be off a microfilm, I also didn't know they had 40 days to comply with SAR, what does that mean?, it's took them three times longer than that!! Would it be advisable to pay the first instalment to the courts to give me a little time, its due in ten days, I look after my parents due to poor health and I don't want bailiffs turning up?? I'll post my scanned agreement and DN on the debt forum. Thanks for your help!!

Thanks for the reply Uncle, just been reading up on the forum and believe I need an N244 form from the court, is that correct?? I just have a few queries regarding this The information from Cohens took 5 months to arrive from my subject access request, should I mention this to the court? The default notice they have sent is incorrect The signed agreement is a dodgy scanned copy dated 2006, which doesn't look like the one I remember signing? is there anything I could look for to tell me otherwise, it does have my signature on it. Thanks in advance

Thanks for the reply MandM, it was acknowledgment of service I filed online beginning of february after cohen sent me court papers, this is what I filed online stating I was going to defend all, then I sent CPR 31.14 to cohen. This was all done 1st week in February, it was a letter I received in january doh!! sorry How do I get judgement set aside, I thought that was what I had done online? although looking back the acknowledgement of service states I should file my defence within 28days but I hadn't received a response from my SAR to cohen until last week?? Cohens responded to my SAR nearly 5 months after I sent it. The Default notice they have sent specifies a mothercare card, mine was asda? The Credit agreement looks different to the one I signed when I first got the card?? I've to start paying the courts on the 18th of June at a rate I cannot afford at the moment :o( Thanks in advance.

I had an old asda card from 2006 used it occasionally always met payments but always had a debt on it being a student at the time, last august I got a letter off Santander saying it was now run by them and I will not be getting a new card and to continue making payments until the debt is clear. I was late a few times and then got a letter off Howard Cohen, (I've been reading a few threads with interest) they said it's now with CL Finance and I must pay them, I just wanted to continue with my regular payments but they was demanding it in full. I got court papers from Cohen in February, so I sent SAR letter recorded delivery, last week (four months after I sent SAR) I got a copy of Credit Card Agreement, Default notice which mentions a mothercare credit agreement?? and today received Judgement for claimant as I had not replied to the claim form? I never had a claim form I submitted my defence online stating I would defend all of the claim back in january 2010. I'm not 100% sure what i'm doing but is there anything I can do now? Looking through the paperwork I don't remember the agreement looking like the one I originally submitted?? Looks like they have gone to the courts and sent me copy CCA and DN at same time. Thanks in advance :o)

Just seems very poor that it's the road they go down because they think it's the right thing to do, for the last 12months I've been trying with Utility Warehouse to resolve this difference in billing, I've been told I should email or write if there is a problem so that's what I did and I have numerous emails which haven't been replied to so what was the point?? I was billed for electric when I had no meter I thought that would be a simple one to sort out. I was sold the package by a representative of UW as the best thing since sliced bread and any problems at all I must contact him!! Where was he when I wanted to sort this problem out, Spain!!! he'd gone to live in spain LOL I speak to UW I get someone that does not know what there talking about and adament I should pay or it goes to debt recovery, how many times do I have to say how can I be billed if I have no meter???? and this just repeats itself until I get cut off!! Trying other providers the first one that talks sense to me gets my business. For many people and like myself if you have no problems with a service it's great but when there are problems that's when the failings of the service provider starts to show but if they was amicable in sorting these problems without all the stress they would still be great or it it because they want the easy money and don't care if we have a problem??

I was out of town but a friend rang saying someone is trying to break in, they went over whilst on the phone to find out what was going on and the guy said it's nothing to do with them, they passed phone over and he just kept asking me to identify myself so I asked him to identify his self and he said he won't talk to me I could be anyone??, I said ring police to my pal and he said he was executing a warrant and the police know about it, but wouldn't show anything and wouldn't give his name just made way in and cut off supply. Apart from a bill which I was asking to be justified they have just cut my electric supply off without even seeing me or being able to talk to the person that's cut me off?? No calling card paperwork or anything?? Figures even if you genuinely dispute a bill you will just get cut off!

I've had an absolute nightmare with utility warehouse, they kept billing me for gas electric and telephone after we had a fire and everytime I called I was told I was on there system and would be credited, I informed them when I had a new meter etc and eight months down the line now I have a bill for in excess of £1000 and after returning to my property someone has gained entry and cut my supply off??? How can they do that without me knowing anything about it?? I have about £1300 worth of foodstuff which is now useless, I'm so annoyed!!!

Could anyone tell me if that letter template I posted is still good?? Thanks in advance

Hi, I had similar experience, I used one of the template letters, CPR 31.14 but that was last year, fredricksons and carters, I sent the cpr to carters and over a month later I received a printout but nothing with my signature on then they went quiet and i've heard nothing since. I've posted on here to see if that letter template I used last year is still good to use. Hope you get sorted, some good advice on here All the best

Thanks for your reply, Sorry I was a bit vague by just posting a link, this is the letter I used last year when I got a claim form from the courts, I just wanted to know if I could use this for my brother as he's in same situation I was. All the best. Dear Sir, Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request On (date) I received the Claim Form in this case issued by you out of the (Name) County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. [Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the assignment* 3 the default notice* 4 the termination notice* 5 [any other documents mentioned in the Particulars of Claim]* * delete if not mentioned in the Particulars of claim. [Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]# # delete if claim for a sum exceeding £5,000.00 You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully

Mr brother is in a similar situation as previously discussed in the thread (link below), it was fantastic help for me and I've heard nothing from Carters since, this time it's Cohen that's chasing my brother all I want to know is has anything changed since last year with contesting these claims and can I use the same template letters as used last time with the cpr 31.14 request?? Cohen's sent the claim form before any correspondence saying they what there intentions are?? reading other threads about these firms just leaves me bewildered as to how horrible these people can be grrrr!! Also is there any other way I can donate to the group apart from paypal?? Thanks in advance http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195272-bryan-carter-help-please-2.html

Mr brother is in a similar situation as previously discussed in this thread, it was fantastic help for me and I've heard nothing from Carters since, this time it's Cohen that's chasing my brother all I want to know is has anything changed since last year with contesting these claims and can I use the same template letters as I used?? Also is there any other way I can donate to the group apart from paypal?? Thanks in advance

Thanks for the reply Ploddertom, sorry for the late reply only seen my pal at weekend, he has in the meantime received letters regarding this high court writ basically implying this document must be signed with regard to goods to be seized from his employers premises (which do not belong to him) a similar letter saying they will attend his previous address to remove goods whether he is there or not and a letter to the address which he shares with 3 other people. His limited company has no assets not traded for a long time the registered office is his accountants so how could they demand personal and other peoples possessions when the debt lies with a limited company?? Thanks in advance.

Thanks for the replies, I spoke to my pal before, he said due to his period of illness and the type of work it involved it was not viable to try and pick things back up with clients as he just did did consultancy, basically setting up peoples websites and email so there's no stock or items he has, now he's gone into part time employment while he tries to sort out an online business, he's satisfied revenue no monies are due and the business will be struck off soon under advice from his accountant, just this cropped up unexpectedly and he finds it hard to understand how they want him to sign a possession order on items which do not belong to him and bare no relevance to the line of business he previously conducted. He's told his boss and he says he'll pass the matter over to the police if they come to take goods. He also mentioned the court papers went to a previous address of his although the company is registered at his accountants office then the judgement when issued arrived at his accountants.

A friend of mine has a LTD company in the process of being wound up, hasn't traded for some time due to some personal problems and now has other business interests. He got a letter from Marston saying he owed some money it was a nominal amount, couple of hundred quid to a supplier which was in dispute over some missing items now inflated to £1700 plus. After a period of illness and returning to work, Marston in the mean time have been through court got judgement and sent him a walking possession order to sign for goods not associated or belonging to him and his car again personal nothing to do with any business? when they have made this inventory he does not know? Items they have listed belong to the shop he works at, seems a bit mad to me?? Any advise would be appreciated.

Wondering if anyone could give some advice, my friend suffered a couple of robberies and arson attack on his business last year, police were involved and arrests were made etc. It appears the assessor that was appointed after knocking on his door the morning after the loss promising the earth if he took it on appears to have no experience of business claims ie. business interuption, fixtures fittings, stock and elements of building work. It seems like the loss adjustor has wiped the floor with the assessor and the figures he's submitted are not stacking up to anything like he'd promised and he blames the loss adjustor and say's he cant get round him that's the way it goes!!! It's now 2 years on, claims still not finalised this assessor keeps apologising because it's a cock up but that's all he seems to do, it's made my friend ill and he's 40k in debt due to having no option but to extend an overdraft to get his business up and running, on the strength of a letter from the assessor saying the claim was progressing. Now 2 years on although the bank have been patient are getting a bit cheesed off and this assessor does not now even want to comminicate. Another assessor has been asked if anything can be done and within 2 weeks he's gone through the business interuption and nearly sorted it for him?? Surely the 1st assessor is negligent, can anything be done about it to stop other people being caught out like this?? Looks like this assessor is just used to domestic claims and has no idea about commercial and just got out of his depth although apparently at the time convinced my friend he was the man for the job!! Thanks for listening ;o)

Quite freqeuntly receive pcn's outside my house due to a 1hr parking bay, I have nowhere else to park so it's just down to luck, I seem ok in an evening through to morning but been unlucky the odd sunday when I've had a night out and a lie in. I've checked the details with information on here to see if the tickets correctly issued on the last two pcn's it states the colour of my vehicle is 'unspecified'? is this still a valid ticket? Also is there a way I can check the signage and layout of the parking bay is correct. It's false promises from the council, they promised resident parking and permits but just made the whole road 1hr. Thanks in advance.