Asda Credit Card/Santander/Viking

[ER36]

OK, here's two more letters from June she has found and one is an assignment....

 

 

[ER36]

My sister has received a reply from Cohens with some requested things. The last letter, the credit agreement, has her name just typed in where it asks for her signature.

[ER36]

Hmm, just noticed something odd. This debt is for a Santander credit card, the second to last letter, the default notice, says your ****(well known high street store)agreement number.

[Revenant]

Hi ER36

 

Someone with more knowledge will come along I'm sure but I believe the Default Notice is defective as it does not give an actual date (At least 14days from date of issue) by which the money should be paid, stating "14 days from receipt of this letter" is not correct

 

Hope I'm right as this adds to the argument

 

Good luck

 

R

Edited October 17, 2010 by Revenant
Altered text

[ER36]

Hi, thanks for that. What does anyone make of the default notice having the name of a completely different debt?

[ER36]

My sister now has an AQ form to fill in by the 8th of November and I can't for the life of me remember what I did with mine! We just agree to small claims and mediation we say no?

Thanks again for any advice

[consumeredge]

Hi ER36

 

The "default notice" posted is flawed, the full outstanding balance as at 18th January 2010 is omitted, together with a date for remedy, not to mention the persons name, signature and title as to identify and validate who authorised and sent the Default Notice to your sister.

 

If the case proceeds to a hearing, cohen will submit a "witness statement" with a paragraph to the effect of:

 

On the 18th January 2010, pursuant to Section 87(1) of the Consumer Credit Act 1974, a Default Notice was served upon the Defendant requiring payment of the arrears. The Defendant having failed to make payment in accordance with the terms of the Agreement and by failing to comply resulted in the Agreement being terminated. Exhibited hereto marked "Bla Bla1" is a copy of the Default Notice.

 

Look at Santander’s Agreement:

 

11 ENDING THE AGREEMENT AND EARLY PAYMENT

 

11.1 Unless there are exceptional circumstances we will give you at least 30 days notice if we decide to end this agreement.

 

Therefore, a notice from Santander Credit Services (Termination Notice) must be sent to your sister informing her the agreement is to be terminated.

 

Smart monies on none was ever sent.

 

Would a District Judge believe £21.99 arrears to be exceptional enough to terminate the agreement?

[ER36]

Ahh right, that's interesting. We are about to send off the AQ, have agreed to small claims but part G other information..is there anything we need to add into this, my mind is just blank as to what I did with my own. Thanks again

[consumeredge]

Hi ER36

 

Because of the relatively small amount claimed, cohen will send their AQ back with, "Evidence to be filed by witness statement, deponent unknown at present"

 

 

G Other Information

 

The claimant has made serious error and misled the court.

 

I respectfully bring to the court’s attention it is insufficient for the claimants’ solicitor Howard Cohen & Co to merely return the claimant’s allocation questionnaire completed as "Evidence to be filed by witness statement, deponent unknown at present"

 

Civil procedure pre-action protocols are designed to enable parties to be well informed about the other side’s case in order to reach a mutually satisfying settlement, or make meaningful offers to settle. The protocols expect identification of the issues and voluntary disclosure of relevant documents before litigation is begun, in order to encourage the early resolution of a dispute, not at the door of a court, as, by that stage, maximum cost and delay will have been incurred.

 

The claimant’s solicitor has forwarded to me a copy of my Agreement with Santander Credit Services together with an illegible and unsubstantiated copy Default Notice.

 

Terms 11 (11.1) within the said Agreement clearly state "Unless there are exceptional circumstances we will give you at least 30 days notice if we decide to end this Agreement"

 

The claimant alleges the account was sold Asolute, however, Santander Credit Services have never sent notice the Agreement is to be, or ever has been, terminated then sold to the claimant, as the claimant alleged.

 

If the court is in agreement it is respectfully suggested the claimant be ordered under the courts own motion, to file and serve their witness statement within 14 days so as the defendant can first validate the allegations and discrepancies with Santander Credit Services.

 

I believe the proposed direction will further the Overriding Objectives in that they will identify the most fundamental issues in dispute, and will allow these to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

[consumeredge]

Hi ER36

 

Have just sent you an email

[ER36]

Hi..I've not received an email and thanks for the help with the other info bit

 

Regards

[ER36]

Can we file the AQ online? I can't remember and logged into my sisters account but can't see anywhere for it. Thanks again

[consumeredge]

Hi ER36

 

sent to ER36 hotmail address? will try again.

 

AQ needs to be signed so I recommend you send it by recorded delivery if you cannot hand it to the court personally, I would also ask for a copy of cohens AQ, if the court say it is cohens responcibility simply reply had they done so, you would not be asking, what you'll find is that cohen will have ticked the box asking 30 days for settlement.

[ER36]

Oh, I forgot I made a new Hotmail account sorry! I've checked and now have your email ..thanks very much and will get onto it.

[ER36]

My sister has just a letter back this morning, have attached below and any advice would be greatly appreciated.

 

 

[ER36]

Hi, can anyone help with this please as we have a week left before things need to be submitted. I can't remember what I did with my own case at this stage but I think someone helped me with a letter to send. Thanks again.

[ER36]

We need to get a response posted tomorrow..can anyone help us please?

[ER36]

Bump.

Read the dates wrong, we need to get a response sent for the 21st. Can someone please point us in the right direction as to what letter we need to write to cover this as have no idea.

Thanks.

[IdaInFife]

can you confirm this was an online agreement taken out in 2008?

[ER36]

Hi, yes it was online in 2008. Thanks

[IdaInFife]

the online agreement is fine

 

i have asked for advice re defending on the dn alone

 

ida x

[ER36]

Thank you

[diddydicky]

the DN - if it says you must remedy within 14 days of the date of the letter cannot be valid in this respect since no allowance is made for postage

 

at present the brandon case is being used by creditors to get around this but the ruling in brandon was that the creditor took three weeks to act on the DN and therefore the debtor had time to remedy (it is being appealed)

 

if i was running an invalid DN argument i would ask for a stay in proceedings pending the outcome of the brandon appeal

[ER36]

Whats this mean? Have 2 days to get our things in.

[ER36]

Do we just need to send a letter? Time's running out and haven't a clue what we need to do. :/