Satander/cohen claimform - 2010 Store card debt

[angel_1]

hiya cena

have already subbed to this thread and thats an interesting and relevant point made about getting the extra 28 days ((EVen by Email - i can do that on my claim as ive checked the claim form and there is is a email address)) so please dont be caught out like me on another of my fraught battles, do get the extention in writing from them or do the n244 form and as vint states please also do not trust these people to play fair, i got caught out due to me calling them and them telling me they were contacting the court too to tell them i was being given more time and they wouldnt take it further yet the next day they went for judgement the day after my defence was due and got it, even though id faxed the court we had this verbal agreement from a phone call, i tried to get it set aside but that failed so this time with mine im def more clued up and also the help here is fab, so please let us help you with our experiences - you are doing really well so far so keep calm and lets carry on lol,,,,

 

keep positive angel x

[Cena34]

Thanks for all the help and advice today, REALLY appreciate it.

 

FAO MrHat - I have read through all the thread that you pointed me to, makes great reading well done!!

 

This is what I intend to email them....what do you think? Not sure if I need the email bit at the bottom but I can do without more spam Do you think I should set up another email account just for this?

 

 

Thank you for your letter dated 6th July 2012 in response to my CPR 31.14 request.

In your letter you state that I should accept this as an agreement to a general extension of time. Obviously this is unacceptable and I now wish to make a CPR 15.5 request to obtain an extension to the date for filing my defence as you have, as yet, given me no date when you will comply with my original CPR 31.14 request.

 

I calculate that my time for filing a defence expires on 28th July 2012 and I am writing to request that you agree that this time be extended for a further 28 days to 25th August 2012.

 

Please note that if you should fail to comply with the CPR 31.14 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.

Please note the email address this request originated from is only to be used for the purpose of replying to this request, no other correspondence will be entered into via email.

[vint1954]

Looks OK Cena

[MrHat]

As I was dealing with the claimant's solicitor, I was not bothered about spam. Up to you if you want to set up a separate e-mail account.

 

Just remember that a court will accept anything up to a 28 day extension as long as it is specified.

 

If the claimant does not play ball, make sure you leave enough time to follow through on your promise to submit an application to force disclosure and extend your time.

 

Keep copies of all correspondence. You might want to be able to prove that you have made reasonable efforts. Chase by phone if necessary and record your call. Good luck!

[Cena34]

I forgot to ask about my dates

Date of issue 25/06

28th day = 28th July

28 day extension = 25th August, this is a Saturday... do I still keep this is as the day I'm asking for the extension to? Obviously knowing that I would have to provide a defence by the Friday (24th)

[MrHat]

I am not 100% but if it's not a working day, the deadline would normally be before 4pm on the next working day.

 

If they haven't coughed up the info within about 10 days of the extension, I would repeat the process. My original defence date was in Sept 2011, but that was stretched all the way to Jan 2012 dus to various extensions and an N244 application.

 

Lets see if your claimant supplies the info but I wouldn't be surprised if you eventually have to get tough with them.

 

The simple matter is that it is unfair for you to have to submit a defence without clarity on what their case us based on. BUT you must be mindful not to cut it too fine with the dates.

 

Try to stay in control

 

As this might drag on for a bit, I would SAR the original creditor. It might expose something.

 

Ask for a list if all transactions and charges. It can take up to 40 days to get a response.

[Cena34]

One more thing that's just popped into my head, should I SAR the original creditor now, there didn't seem much point originally as I wouldn't have had time for the information to arrive but if this extension is granted (can't see why it wouldn't be) then I would have more than 40 days so any info provided could help my defence.

 

What do you think?

 

Ha Ha MrHat looks like our posts have crossed I will SAR them then.

[MrHat]

And read up on CPR 18 too. See my thread. It's different from CPR 31.14 where you can only request info mentioned in their poc.

 

CPR 18 to claimant's reps, SAR to creditor

 

IMHO

[Cena34]

Right folks thanks again for all the help, email sent, looking forward to the reply! Will send SAR tomorrow.

[Cena34]

Got a reply to my email, obviously they think the original reply was sufficient...!

 

We refer to your recent e-mail.

 

As advised in our letter dated 6th July 2012, once we have provided you

with the documents

requested in your CPR 31.14 request we will grant a further 14 days for

you to submit your

Defence.

 

However, we will agree to the time being extended until 25th August 2012

for you to file

your Defence.

 

We trust this clarifies the position.

 

Yours sincerely,

 

Howard Cohen & Co Solicitors

 

Do I just ring the court now to tell them this and then see whether they will accept me forwarding a copy of this email or whether they need me to post a copy?

[mystery1]

Email should be fine.

 

M1

[Guest]

forward their email to court with email saying along lines that a defence extension has been agreed as per cpr 15.5 to 25/8/12 as per included email below.

Edited July 11, 2012 by Ford

[MrHat]

What ford says but ring to check that the court has received and logged this on their system

[Cena34]

Thanks as always for the speedy replies, I'll sort it tomorrow...I'm beginning to quite enjoy this!

[Cena34]

I've now received the particulars of the claim, default notice and credit agreement. The credit agreement is from March 2010 and looks right (unfortunately!) I will scan a copy up tomorrow when I'm back in work as my scanner has died.

As I say I think the agreement is good so what are my next steps as I don't appear to have a defence?

I want to avoid a CCJ if at all possible...can I still negotiate repayment at this stage, would this stop the CC action?

As always thanks for any help and advice.

[AndyOrch]

Negotiation is always open Cena and actively encouraged during any litigation process. Approach the Sols dealing and negotiate (preferably by way of a Tomlin order) if they would consider.

this is the only way to avoid the CCJ if your defence is weak.

 

Regards

 

Andy

[Cena34]

Thanks Andy I'll do some research on Tomlin orders

[Cena34]

Here is the CCA, default notice and 2 lots of terms and conditions!I CCA'd the solicitors and also Santander themselves, they have both sent the same copy of the CCA document but have both provided different terms and conditions. The first T&C's are what the solicitors provided and the second are from Santander, these are much longer.Can someone have a look at the CCA to see if anything is untoward here and tell me whether the different terms and conditions make any difference.Thanks in advance.

DOC.PDF

[AndyOrch]

Far too blurred to read Cena

 

Read here http://www.bbc.co.uk/news/business-13349239.

 

Regards

 

Andy

[Cena34]

Andy - I think it's not scanned very well, the agreement and the first lot of terms and conditions are legible although not easliy they can be read. I'll see if I can scan it in better quality later.

[Cena34]

Right I've scanned the CCA and the first lot of terms and conditions again, hopefully these will be readable!

DOCa.PDF

DOCb.PDF

DOCfull.PDF

[Old Cogger]

The countersigning date is the same as customer, and the letters suggest the same person filled in the date at the same time????? over counter, doubt it or I may be wrong just a query??

[Cena34]

Mike770 It's a store card so the application was made in store so the agreement would have been signed by a member of staff there when the application was made

[Old Cogger]

Mike770 It's a store card so the application was made in store so the agreement would have been signed by a member of staff there when the application was made

 

 

 

Okay!"

[Cena34]

I'm here again for more advice if possible!

 

I've got a week before I need to have my defence submitted or negotiate some other kind of arrangement.

 

What should my next steps be now,

 

should I try and form a defence based on the different terms and condition supplied?

 

Are there examples of other defences on the site somewhere to give me a starting point?

 

Apologies for all the questions but I've not got much time to go digging around at the moment as I'm working what feels like a million hours a week!!