?ccm? Close Managment - court paper received over car finance - help

[Undercover-Elsa]

Hi Mr Worried,

They can't repossess the car without a court order. So their threats are just threats unless they make that clear.

If you do feel you want to keep paying just write and tell them that you were suprised to receive their letter as you had sent a CCA request to Santander on xxxx which has not yet been complied with, hence the account is technically in dispute. However you are anxious to come to arrangement and were actually in the process of negotiating a reduced payment of £50 per month with Santander prior to the sale, which is the maximum you can afford in your current circumstances, but you will increase it as soon as your finances improve. You trust that in the meantime they will freeze interest on the account so that you have a realistic chance of reducing the debt.

 

See what they say, if they get nasty there's always the time order option to fall back on.

[Mr Worried]

Hi Elsa

 

I have just read the time order, blumen heck its good. effectivley if all goes pear shaped etc, then I would just apply for T O.

 

This is going to be my plan.

 

I am going to write to CCM and offer them x amount per month then depending on their reply I will instigate either CCA / SAR requests, I would rather go that route, then atleast I am given them the choice of ' some ' payment and its their choice to accept or not, just like I tried to do with loans and ccards, now they are all in dispute.

 

Cheers

 

Mr W

[Undercover-Elsa]

Good plan. You need to show that you're being reasonable and responsible. If they accept your offer, fine, if they are obstructive it will help your case for a a time order so its win win.

 

Elsa x

[Mr Worried]

Oh stop it elsa I am blushing, ' good plan ' great minds think alike eh.

 

Mr W

[Undercover-Elsa]

[Mr Worried]

Update

 

I wrote a letter to these people explaining my situation etc, I had no reply from them apart from Banner Jones contacting me today re above, did not speak to them tho,?

[PGH7447]

Ooo Banner Jones a solicitor, seems CCM dont want to play ball, looks like the cca request that was never fulfilled by santander comes into play, that should burst their bubble a bit

[PGH7447]

double post Damn

[Mr Worried]

Am just gonna send them another letter to say I can afford this much£££ and I would like you to consider my request, if no response then I will then send the dispute letter etc.

[Mr Worried]

Update

 

Well they called again 5 mins ago, so I gave my phone to my mate and he said he was not me, so they gave him a ref number and tel number to call, they also asked him if he knew the name of my employer?????

 

Mr

[sillygirl1]

Report them to the OFT and Trading Standards, itis not for them to write to your employer, sadly some of the solicitors involved in debt collecting seem to think they can write to your employers and request your wages be paid to them.

 

It doesn't work like that at all..... they need a court order and if the original lender hasn't replied to a vallid CCA request you can rip their particulars of claim to shreds.

 

Make a log of all the contact they try and what is said and it can be used against them to prove they break regulations on debt collecting and don't follow pre-court protocol.

[Mr Worried]

Hi sg

 

It is all noted within my little red book.

 

Mr

[Mr Worried]

UPDATE UPDATE

 

 

Hi All

 

Well Well today I recieved from my local court a Claim Pack etc from Close Managment, they want the car etc, the issue date from the courts was 17th Dec yet the envelope says 30th Dec?

 

I have all their POC etc and they say nothing of the fact that I cca'd them ( no response ) or the fact that I offered them reduced payments ( as previous posts )

 

I sort of know what I have to do, but just want to hear it from you's.

 

It makes you sick when you act within the law and these idiots then go for your throat1

 

Speak soon I hope.

 

Also on the payment statement I have incurred £400.00 in Charges?

 

Mr , Agitated.

[dx100uk]

moved to the legal section aNd renamed

 

dx

[Undercover-Elsa]

Hi Mr Worried,

 

You know the drill, but lets go through it anyway...

Can you post up the full POC (pref a scan of the summons with ID removed).

We need a brief synopsis of the story so far for the benefit of legal advisers.

 

A couple of crucial questions:

Did you receive a NOTICE OF ASSIGNMENT of this debt from Santander to CCM?

If so, what was the date on it?

What date did they receive the CCA requests (I note you sent two)

 

Be aware of court timelines:

Courtesy of CitizenB:

 

Date of issue - on Claim form - Top right hand corner.

 

Plus 5 days for receipt + 14 days to acknowledge (that is 19 days from the date on claim form) by which you need to have acknowledged the claim on line (if you are going to defend)

 

If you are going to defend then that will provide you with a further 14 days in which to submit a defence. (33 days from the date of the claim form)

 

It is important that you make decisions swiftly. CPR31.14 needs to be sent out quickly with a 7 day time line for any documents that are mentioned in the claim that are not in your possession.

 

 

IMPORTANT: If you haven't already sent a SUBJECT ACCESS REQUEST to SANTANDER, (NOT a CCA request) do it today if you can. For convenience, the link is in my blog.

 

More in a bit when I've had my buttered crumpets

In the meantime hopefully some of the CAG legal eagles will be logging in...

 

Hugs,

Elsa x

Edited January 5, 2011 by Undercover-Elsa

[Undercover-Elsa]

Just as an update here, for continuity this account was subsequently sold to CCM who have now issued a summons...

New thread in legal issues:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283432-ccm-Close-Managment-court-paper-received-over-car-finance-help/page2

 

Elsa x

[Mr Worried]

Hi elsa and dx

 

Thanks for replying.

 

I will post up POC later today along with a ' potted history ' as I need to go out now. I called the courts yesterday re dates etc they said 14 days from the 31st Dec to acknowledge and a further 14 days to file defence, I knew that, but just needed to confirm as I had diff dates.

 

Why dsar now? yes I got letter from santander to say ' sold ' then ccm wrote saying pay us, then Banner Jones got involved.

 

Speak Later

 

 

Mr

[Mr Worried]

Elsa thanks for that, oops that butter has just rolled of your crumpet onto your Daily Mail.

 

Mr

[Undercover-Elsa]

Back,

The first thing we need to sort out is the delay in you receiving the claim form, as by my reckoning if the claim was dated 17th December then your 19 day deadline for submitting your Acknowledgement of Claim makes today your last day.

Save that envelope!

Last thing we want is for them to get a Judgement by Default because you haven't replied in time.

If no-one else comes on to advise before you read this, phone the Court and tell them you've only just received this as it wasn't posted till 30th December, see what they advise.

[Mr Worried]

Hi Elsa

 

I done that yesterday and all is fine with the dates now I have till 14th Jan to submit acknowledge then 14 days later for defence.

 

Mr

[Undercover-Elsa]

Because you need all the info available. Seems to me Santander procrastinated on the CCA on purpose to give them chance to sell it on.

You could get this case struck out on the basis of the CCA dispute, but we need all the info, date of sale, comms logs etc.

[Undercover-Elsa]

[Mr Worried]

Hi Elsa

 

I will sort all info later got to go out ( jobcentre )

 

Mr

[sillygirl1]

Yes, you can state that you CCA'd the original creditor who then decided to choose legal action rather than comply with the CCA request, and therefore you are not minded to allow them more time to provide the original documentation previously requested and their claim should be dismissed. State also that costs should be paid to you and NOT the claimant as they have not complied with pre-court protocol.

 

I think that might make Santander and the court think a bit.

[Mr Worried]

Hi to all

 

Blumen heck, under pressure now...sent in acknowledgement then Mrs W said ' your moving out ' happens all the time she feels the pressure, anyway cut a long story short I only have till the 26th Jan to file my defence.

 

In a nutshell I want to stop them taking the car.

original loan with Santander then they did not reply to my cca request, they then sold debt to CCM

CCM wrote to me re purchase, pay amount now etc.

I advised them that Santander did not respond to my cca request, and offered to pay them £50.00 per month till things improved.

They then sent court papers through Banner Jones.

 

I am sure this is going to be pretty easy to defend, not sure if I want to go the DN and CCA route tho, as I only want to make them accept my reduced payments.

 

Do I need to ask for more time to file defence?

 

I am open to offers, as I want to do this the best way, but dont want to be dragged over the coals re DN's and CCA non compliance.

 

I await your further instructions and accept your speedy advise.

 

Yes Yes I should know better than to leave it this late, but theres nothing like a women Scorned.

 

Mr not to worried yet a little apprehensive.