Response by Howard Cohen/Santander **WON** (claim struck out)

[hammyhound]

Hi Caggers,

 

OH received a non compliant DN from GE Money (not given a specific date to remedy the arrears).

 

He received this 14 days after the date of the DN.

 

 

Would anyone say it is classed as a termination letter as they are now asking for the full amount.

 

Should we also have received a notice of assignment.

 

On his other card Burtons they haven't even bothered to issue a DN just went staight to Viking - tsk.

 

Any thoughts would be appreciated.

 

HH

[steven4064]

Yes it is a termination letter. If they didn't issue a DN before they got Viking involved then that is unlawful.

 

What the exact stutus is depends on whether Viking have bought the debt or are acting on GE Money's behalf.

[hammyhound]

Thanks Steven.

 

On his burtons card no default sent - so they can put their termination letter where the sun doesn't shine.

 

On his debenhams card as I said a non compliant DN and then this termination letter.

 

I think Viking are just acting as "inhouse DCA" they do trade from the same office as Santander as they are now called - no assignment.

 

Thanks

 

HH

[steven4064]

I think that Viking are inhouse too. After our GE Money claim we got a letter which is now a treasured possession - Firstly it had an account showing a zero balance and then a statement in red - "Viking Collection Services Ltd have been instructed to colect this debt". Priceless

[hammyhound]

Now why couldn't we have one of them

 

I am sure CL Finance will come along and buy the debts off them.

 

What I cannot understand and this is just generally is why the likes of Apex and CL Finance who buy these debts don't check out the accounts first and make sure everything has been done correctly.

 

They must been losing lots of money when they find that they cant pursue the debt because of CCAs invalid, DNs invalid, just about everything invalid.

 

Apex bought one of our debts. We had already CCAd Halifax who sent us a blank agreement. Apex then said "we will check with our client to allocate the agreement".

 

I wrote back saying "I am sure Halifax would be willing to help but unfortunately as you bought the said account they probably have washed their hands and they conned you when you bought the debt in selling you a duff account I would suggest you actively pursue the 10% you paid to them".

 

Anyway thanks Steven for your help. Will post up if anything else arrives - probably a CL finance assignment letter.

 

HH

[hammyhound]

I have trawled through the threads on here and I cant find anything resembling what my OH has received.

 

I get totally confused as to what is enforceable and what's not.

 

I thought we would get the usual dribble saying "this is enforceable so pay up" but they haven't. Anyone got any thoughts please?

 

Here's the first one

 

 

And now for the second

[sticky29]

Hi hammyhound

Im new to this as well but these look like applications to me. someone who has knowledge of this will come along and give you better advice. Keep coming back and if you get no answers then bump the post up. I noticed on the 1st one you have ticked for ppi so it might be an idea to find out if you was missold this.

[hammyhound]

Thanks Sticky

 

Would you believe it it was them that ticked the PPI afterwards as OH said he did not want it. It is not his initials it's theirs!!!

 

We did immediately cancel it when we received the first statement so no PPI on this.

 

I think these application forms are designed to confuse you though. It does say credit agreement and we were allowed temporary cards in store at the time till the new card came.

 

HH

[hammyhound]

Just bumping this as we are receiving calls 3 times a day from Santander (6 in total).

 

We were in an arrangement plan but since Santander took over they have written saying "we want more".

 

HH

[Regulus]

OK, first, you'll want to ask them next time they call to stop calling you and request all further correspondance to be by mail only, without a paper trail you can't prove anything they claim unless you record all calls, and even that can be spurious.

 

After that, if they continue to call, send them a harrasment letter telling them to stop all telephone contact or you will report them to Trading Standards etc al (There is a great template for this on this site).

 

Once that is done, all correspondance will be via mail and you can negotiate with them that way. Take the time to run through a financial sheet for yourself and your OH to find out what you can reasonably afford and offer it to them, informing them that this is what you can reasonably afford to repay. They might well refuse, but tough luck to them if they do. If you have it in writing that you are offering them payment, and they write back refusing it, you have evidence of this. In the event they DO reject your offer, write back and inform them again that that amount is what you can reasonably afford to repay and you will be placing that money aside every month for them until they agree, at which point you will forward it to them.

 

Remember to keep copies of all this so you have evidence of your financial sheet, your offer, their refusal and your informing them that you will keep the money aside for them. They're sure to be stubborn about it, but at the end of things, they can't get blood from a stone, and you are not refusing to pay them. If they chose to take it all the way to court, you have evidence if needed of your offer etc, and all that will happen is that the courts will judge your circumstances, see what you can reasonably afford to pay, and allocate them that much anyway, which, if you complete your financial sheet thoroughly and honestly, will be the amount you originally offered anyway.

 

Basically, just keep offering them the amount that is reasonable for you and put aside the money every month they don't collect it, and wait for them to come round.

[hammyhound]

Well one of them has £300 in default charges as they kindly sent us statement of accounts.

 

So despite having an arrangement set up originally and the balance then was only £200 we are now back to where we started - interest is also being added on.

 

Nightmare.

 

Any thoughts on the "agreements" anyone.

 

HH

[hammyhound]

I received the following CCA to my request back in June.

 

 

It was then followed up by an invalid DN which gave me 17 days to respond (no specific date given).

 

I today receive a notice of assignment from Howard Cohen together on the same sheet saying we have issued a claim form.

 

I have a couple of questions if I may.

 

Doesn't the notice of assignment have to come from the original OC and not from solicitors saying we hereby give you notice that Santander Cards have by an assignment dated .......... assigned to CL Finance a debt etc.

 

Also the CCA above is in relation to an old card which was transferred to a new gold card a few years back but CL Finance are quoting his new account number and yet as I say the CCA is the old card number. Surely they would have to produce the new CCA in disclosure.

 

I am pretty sure that we will receive the claim form in the post in the next few days.

 

Santander have obviously washed their hands of it by the looks of it. They say in their last letter it is enforceable but why sell the debt on if they thought they would win at court - beats me!!

 

Thanks again for all your help.

 

HH

[PGH7447]

because santander will get Tax relief from selling this to Clueless Cretins and their famous side kick H. coward esq, when you do get the court papers defend it on line, there are many threads in the legal section about this blokes dodgy dealings

[postggj]

Send A Cpr To Cohen When You Get Thye Claim Form

 

He Never Responds And Put In A Decent Defence

 

He Withdraws

 

Has No Stomach For A Defence

[hammyhound]

Thanks will wait for the claim forms. They have shot themselves in the foot anyway by serving an invalid DN but they will still have to produce the CCA for the present card number.

 

HH

[hammyhound]

Hey ho,

 

Notice of Assignment yesterday.

 

Court papers today.

 

The usual rubbish on the POC staying clause 7 of the agreement etc - where the bloody hell is clause 7

 

Anyhow will defend as said - sent off the CPR letter to them today although I dont expect a response.

 

Can someone move this into legal issues for me - that would be a great help.

 

HH

[saintly_1]

Thread moved to legal issues

[citizenB]

HH, if you would like to pop the particulars of claim up so we can help you respond that would be good .

[Luxxinterior]

HH, if you would like to pop the particulars of claim up so we can help you respond that would be good .

 

Judging by my experience of HC, their POC are always the same... If you send a CPR request they will say they are not obliged to provide any info... I would ( and have done ) go for submitting A0S and defence straight away. You will not get any information from this retard

[robcag]

Hi HH

 

 

I today receive a notice of assignment from Howard Cohen together on the same sheet saying we have issued a claim form. Was this by recorded delivery or just normal post?

 

 

 

The Law of Property Act 1925 requires this to be sent by Recorded/Registered post (or served by hand). If this was not done and you do not acknowledge having received the NoA in any way (such as referring to it in correspondence you later send), then you can deny receiving it and put the enemy to strict proof that such a notice was sent (which they obviously won't be able to do ).

 

Consequently no assignment can have taken place, so what right would they have to issue a claim against you?

 

I'm using a similar line ATM to oppose an Attachment of Earnings application which so far seems to be looking favorably in my direction.

 

See here for an idea of what I'm getting at, post #71 onwards;

http://www.consumeractiongroup.co.uk/forum/legal-issues/123971-ccj-set-aside-help-4.html#post2324113

 

Cheers

Rob

[hammyhound]

No scanner at the moment but here's the POC:-

 

The claimant's claim is for the sum of **** being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and Santander Cards under reference **** and assigned to the claimant on 12th August 2009 notice of which has been given to the Defendant.

 

The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

 

Pursuant to Clause 7 of the agreement the Claimant also claims contractual interest at the rate of 26.578% per annum from the date of these proceedings to the date of judgment or sooner payment at the daily rate of 1.52.

 

So there you go. Two things the agreement they have given us is not the one they are claiming for! and also the rate of interest they are quoting is different to what is on the agreement.

 

Nowhere on the agreement does it say GE Money it is an agreement with not only the original account number but also the agreement is with first personal credit!

 

As for the NoA this was not sent by registered post only ordinary post.

 

HH

Edited August 19, 2009 by hammyhound

[hammyhound]

Received letter from CL Finance not Howard Cohen today saying they don't have to comply with the CPR as the claim is under £5000. Since when did CL Finance become lawyers!!

 

So I might as well go ahead and file a defence its not worth waiting is it?

 

So here's the tricky part where do I start.

 

HH

[citizenB]

No scanner at the moment but here's the POC:-

 

The claimant's claim is for the sum of **** being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and Santander Cards under reference **** and assigned to the claimant on 12th August 2009 notice of which has been given to the Defendant.

 

The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

 

Pursuant to Clause 7 of the agreement the Claimant also claims contractual interest at the rate of 26.578% per annum from the date of these proceedings to the date of judgment or sooner payment at the daily rate of 1.52.

 

So there you go. Two things the agreement they have given us is not the one they are claiming for! and also the rate of interest they are quoting is different to what is on the agreement.

 

Nowhere on the agreement does it say GE Money it is an agreement with not only the original account number but also the agreement is with first personal credit!

 

As for the NoA this was not sent by registered post only ordinary post.

 

HH

 

Just brought the POCs down so we have them visible.

 

In answer to your question in post previous.. make a list of the issues you are going to defend on then we can take it from there.

 

Basically you have to respond to each of the claims in the POC.. for instance:

 

They say pursuant to clause 7 of the agreement they claim interest at a rate of... is there a clause 7 and if so .. does it say they can claim that interest ?

 

You will need to point out that this is an agreement under the CCA1974 and as such there are certain "rules" that have to be adhered to. Not least one where there has to be a true signed copy, with all the prescribed terms within the 4 corners. Oh and you need to point out that this was pre 2006/2007 and the regs prior to that date apply.

 

Default notice.. lack of or invalid push the points that make it invalid.

 

How much time do we have to work on this ?

[postggj]

mr cohen

 

cl finance

 

joined at the hip (cattles)

 

seems like cohen has been told by his masters to get as menny ccj as he can to make the books look good

 

mr cohen does not even understand correct procedure let alone cl finance

[creditcardmug]

Agree with PGH, get a CPR request in the post, acknowledge service, and defend all, they dont have a prayer, if you defend properley