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harrishawker

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  1. Does it matter if it signed in the box marked 'Signed on behalf of company' and not above in the box 'Signature of Customer(s)' Cheers D
  2. Hi Any thoughts on the last pic? Is it signed correctly? Cheers D
  3. *update* received AQ..have received SAR from San...... the agreement is very hard to read, and seems to be signed in wrong place..it's not signed in box for customer but in box ' on behalf of company' ?? It is on 2 separate sheets of paper and no original t&c, only Sant..... t&c's. have put all of charges into spreadsheet and total is way more than what claim is for. Do I include any of this in the AQ? San..... are' looking into charges' as i have wrote to them about them. You can see on 2nd pic where i have put not signed here...that's where it should have been signed surely? but was signed in bottom box. just need to know if i should put this into AQ, and if any of this changes anything cheers Dave
  4. CISheet v101...I know it was for ppi. Was just getting used to how to use it. thanks D
  5. In the process of starting to claim late payment charges on a store card. Have put all of the charges into spreadsheet and have used 26% for interest, this was the purchase interest in t&c's. Would that be correct? It comes out as.. Charges £474 Compound Interest £1046.51 Total £1520.51 Should I not be using 8% or is the higher rate correct? Just seems a lot!! Many thanks for looking.. D
  6. ok so work over...here is my cobbled attempt at some kind of defence. It might be completely useless but 1st ever got to try!! I will also be sending the letters an emails to and from HC. I trust I will need to make reference to them in the defence. 1. It is Not admitted that the Defendant signed an agreement with #############. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. The Defendant does not have in his possession any such agreement and is not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 2. In respect of that which is denied, The Defendant has made a request for disclosure, pursuant to Part 31.14 of theCivil Procedure Rules, to the Claimant to allow him to properly respond to the claim. The Claimant has failed to fully furnish the Defendant with the required documents to allow a full and particularised defence. 3 . It is averred that if any agreement existed that the aforesaid agreement was a regulated agreement within the terms of the Consumer Credit Act 1974 (The Act). It is not admitted that any such Agreement is enforceable within the terms of the Act. The Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its' inception. 4. The claimant is put to strict proof as to the content and service of any such alleged default notice as noted in the Caimants Particulars Of Claim. 5 In respect of that which is denied, The Defendant on no less than 3 occasions contacted the Claimant to come to an agreement regarding an extension of time for the defence to be submitted, pursuant to 15.5 of the Civil Procedure Rules, and on no less than 2 occasions made a request for a copy of alleged agreement , pursunt to 77/78 Consumer Credit Act 1974. To date no satifactory outcome has come of this. 6. Further and in the alternative it is not admitted that the sums claimed are lawfully owing. The Claimant is put to strict proof as to how the sums claimed have been calculated and as to how it is asserted that the sums claimed are contractually owing. Statement of Truth I believe that the facts stated in this defence are true. I am the Defendant. XXXXX Date go to go....but thanks for looking any input welcome D
  7. many thanks M1..advice taken and will not be ignored D
  8. Regarding the Default Notice. I thought it had to have something like, you have x no.of days to pay from xx xx xxxx date. Not you have x no.of days to pay from receiving this letter. D
  9. Hi Thanks for replies..at work last night so couldn`t reply. Have sent SAR to Santander to find out how much of the amount is made up of costs. Would I include this in the Defence or leave it until we find out how much is made up of costs? Other half phoned the court just out of curiosity to see if the letter/email from HC was enough to extend by 28 days. Answer was no as it had no exact date for when it was to be extended to. She was advised to file defence with what she had with a view to include more when the documents arrive, and to include letter/email from HC. She doesn`t have original agreement as this goes back a looong way, try and get dates later. I guess will put in a holding defence for lack of agreement and unknown charges, with right to amend at a later date. cheers D
  10. It was email, but only agreed to extend once they receive docs..As they 'don`t know' when they will get the docs it could be after my defence due date of 19 May. Just checking dates..Issue date 16 april. So should be due 19 May correct? Am typing email now agreeing to extension of 28 days from 19 May to allow them time to get docs. Get them to agree in writing. cheers D *edit* just seen rest of your post...! ignore above!!
  11. *update* Still having trouble getting a date extension for submitting defence. Will be sending another email but should I set the date and get them to agree to it? At the moment they are just saying once they receive docs they will grant me 28 days from then! Another question...just found a letter from April 2011...1 line in it states "This letter serves as notice of termination of your Credit Card agreement in accordance"..bla bla. They still continued to add interest to account. Is this right? Here is latest reply from Howard anyway.. Dear*, * Re: Santander Cards UK Limited - v - Yourself Claim Number: * We refer to the above matter and in particular your email below dated May 2012. * Our previous replies dated May 2012 and April 2012 made it quite clear and concise that we would grant you an extension to file a reply to the County Court Claim Form. * So, therefore to make it clear, please take note of the following: The Claimant will provide you with a reply to your CPR 31.14 request as soon as possbile; The Claimant will then allow you 28 days to file a reply to the County Court Claim Form. We trust that this clarifies the matter. * Yours sincerely * * Howard Cohen & Co. I think I willl start on a holding defence just in case. There are quite a few charges on account so have sent SAR to Santander to find out what. Thing is address if different on claim form to a letter from last year..!! Any input welcome D
  12. Thanks for reply..from reading others I thought that was what they were trying!! Thanks for confirming it.. David
  13. Hi Received reply to my CPR 31.14 request. Seems to be the typical reply. Question is do I need an actual date for the new defence date, and not just a general extension of time? If so I will need to write to Howard and get a conformation of new due date from them? Enclosed letter from Howard Many thanks in advance David
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