Satander/cohen claimform - 2010 Store card debt

[Ford]

cena

a small point also re poss dn non compliance is apparent failure to comply with para 2, 5 b of dn regs. ie underlined bit should be even more prominent than the rest of the text in that same para. eg also being in bold or italics. but, as mystery says is it enough? some authoritative dn cases include Woodchester, Harrison, and Brandon appeal.

also, a cca request recon should be accurate (kotecha v phoenix CA case)

Edited August 21, 2012 by Ford

[Cena34]

I think we might be getting sidetracked with the s78 request here a little bit the particulars of the claim are the agreement that the solicitor has provided and looks to be good and the default notice which definitely isn't a copy of the one that was originally received.

 

Ford has mentioned some cases where cases have been one because of the DN not being right but this does seem a bit of a long shot but why have the solicitors produced a DN that wasn't the original???

[mystery1]

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

 

If you decide to defend then you need as many decent bullets as you can muster. S78 is a valid and potentially case winning argument.

 

If you wish to run the default notice points raised then there is no harm in running the s78 faults.

 

Costs in the small claims should be limited.

 

M1

[Cena34]

Right then after talking to Mrs Cena she doesn't want to try and defend and wants to try and reach some agreement with the solicitor, it is her account so ultimately it's her choice, a CCJ wouldn't be ideal for her either due to the type of job that she does. I've been through all the different options for a defence and would like to thank everyone for their help so far.

 

She's emailed the solicitor and they've agreed to speak to me on her behalf so when I do speak to them obviously I want them to think their case is weak so do I reveal my hand with regard to potential issues with the S78 faults and more importantly the default notice or not?

 

What kind of figure should I be trying to negotiate with them as a fair proportion of the outstanding balance is charges which if I was defending I would have counter claimed for (I think??) the card had a credit limit of £500 and was slightly over this when we stopped paying it, the court action is for a total of £816.27 (£691.27 + £55 court fee + £70 solicitor costs).

 

The original balance of £500(ish) would have also had it's fair share of charges for late payments etc but I don't have all the statements to work out a proper figure but the solicitors won't know that!

 

Any advice as always is gratefully received

[Ford]

ok, as mentioned before, by andyorch i think, could negotiate a consent/tomlin order whereby you agree to pay x amount via x amount per month. must be realistic on payments affordable as any missed payment may result in them continuing/applying for judgment.

figure? difficult to say at this stage. original balance may be a good/reasonable start?

yes, can point out any deficiencies in their claim when negotiating without prejudice.

remember also, it is small claims so it would prob cost them around 3/400? for sol representation at court for the 1/2 day which they wouldn't be able to get back even if they won!

Edited August 21, 2012 by Ford

[Cena34]

Thanks Ford, the original balance was my thoughts to be honest but was going to start much lower and see what I can get out of them...if you don't ask you don't get!