Received court papers by Howard Cohen / Santander.

[chloeair]

Hello,

Hope I can some more advice after being helped previously.

 

Part of my debts is a Santander account - which I haven't heard much from. Yesterday I receieved a letter from Howard Cohen Solicitors with a notice of pending legal action.

 

States that they have been instructed to issue a claim against me in the County Court in respect of the above debt. Should I fail to contact them a claim will be issued without further notice. Our client has asked that we take this final opportunity to remind you of the implications of action being taken against me through the court.

 

Then says I can stop this action and avoid futher costs by paying the whole amount now. Call Lewis Debt Recovery. (never heard from them before!)

 

Obviously I dont want to go to court, but not sure what I should be doing now - as I know from on here, never to ring them.

Could someone help me with my next step please?

 

Been about a year since I last paid.

 

Many thanks for anyone taking the time on this.

[BRIGADIER2JCS]

You have been paying and so recognise that the debt is yours?

What type of account is this Cohen usually gets involved in store

card accounts taken over by Santander.

Certainly do not ring Lewis, I take it you have had no written contact

from Lewis about this recently?

[chloeair]

Hi,

It is mine - I just went through a messy break up and ended up so short of cash I had to let some of my debt slip.

Santander and BarclayCard were the main ones.

 

The Santander is a Dorothy Perkins Card with around £800 on it.

 

I did try last year to claim for PPI (as I know I have it on there) but they refused my claim.

 

I have never heard from Lewis at all.

 

I have had regular letters from Wescott about the BarclayCard threatning to come to my house,

but sent them a letter weeks ago saying I would not let them in if they came and will deal in writing only and heard nothing from them since.

 

This one from Santander has come as a bit of a surprise.

What do you think I should do next?

[BRIGADIER2JCS]

Why did they refute your PPI claim??

A CCA request to Lewis asking for a copy of the agreement, there is a £1 statutory fee for

this and they have 12+2 days to comply use the template from the CAG library.

 

Meanwhile how old is this store card account and when did you last make a payment.

[chloeair]

They said I had ticked the box (sent a copy of the agreement from back in 2000) - definately wasn't my tick!

Stated my reasons that I would never of needed PPI (mainly due to my NHS job as a nurse and the sick pay benefits) - I last made payment about a year ago. Had the account for around 13 years or so!

 

I will do a letter tonight for the CCA.

Thank you. Anything else I should do for now?

[BRIGADIER2JCS]

Get the CCA off, then I will draft a letter for you to challenge the PPI refusal given your ''protection'' via your employment,just give me any more relevant details if you can.

[chloeair]

Sorry to be a pain - CCA letter to Howard Cohen or to Santander?

WIll find the refusal letter and give you some more info. Thank you.

[BRIGADIER2JCS]

To Cohen send it recorded delivery, mark your payment (postal order is best ''for statutory fee only).

[chloeair]

Hi Brig,

 

Sent that letter off to them special delivery (got mixed up with recorded delivery!! wondered why it cost my friend £6 to post when she took it for me, oh well!!).

Thanks for the advice you gave. Will let you know when I get a reply.

[BRIGADIER2JCS]

That'll make Cohen sit up and take notice I think:!:

[chloeair]

I this morning have had a blue letter from Northampton County Court for a claim form I guess for a CCJ. Says there is a limited amount of time to complete the form - do I complete it now, or do I do something else. How long do I have to complete?

I am now extremely worried.

[BRIGADIER2JCS]

OK fill in the acknowledgment of service form and send it back.

 

Then give us all the details pf the accoumt and the particulars of the claim (POC) then the guys and girls will be able to advise fully.

[chloeair]

The PoC (guessing this is the particulars of claim?)

The claimants claim is for the sum of £1070 being moneys due from the defendant to the claimant under a regulated credit agreement made in writing under reference.

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

The claimant claims the sum of 1070.

Amount claimed 1070

Court fee 65

Solicitors cost 80

 

With the acknowledgment of Service which box do I tick? intend to defend all of this claim, part of this claim or intend to contest jurisdiction.

 

This account has PPI on which was refused (as per previous post) and was in the middle of a CCA request, so not sure if that applies now?

 

Thanks for help again

[BRIGADIER2JCS]

I take it you wish to defend.?

 

Yes sen the CCA request it may be useful.

[chloeair]

Sorry to sound a bit blonde - just not sure if I can defend myself so to speak? I do owe the debt - albeit I was hoping to get to it first with the PPI claim and the charges which must be on it. I just wonder if I can defend myself so to speak? Sorry, I prob sound a bit defeatist today! Miserable girlie this afternoon!! If by defending myself I can explain my circumstances? then that is a possibility - sure you know if it is worth contesting or not or if I don't have a leg to stand on!

[Bandit127]

Since one of the site team (Brig) has not moved this thread to the legal forum I won't ask for you.

 

You can read many accounts of what it is like to defend a court claim in person on the legal forum. There is a sub-forum at the top called DCA Legal Successes.

Clicky for the main forum.

 

I have read a few accounts and it looks like Howard Cohen is in business to get judgments by default (where people do not know about the application or they do not acknowledge and defend). They soon "jog off" at any sign of a real defence.

 

There are some solicitors on that board that help individuals prepare their cases and formulate defences.

 

Please feel free to ask a site mod to move this to the legal forum - you will get better answers there. Or start a thread there.

 

For a first step - you must acknowledge the claim in the time allowed. Failure to do so will get their claim allowed by "judgment by default" and a forthwith judgment for the balance.

[chloeair]

Hi,

 

I have posted a thread in the Debt Collection Forum where I was getting some really good advice, but I have been advised to post in this forum too, so hope I am in the right place.

 

Bit of background - I owe £1080 for a Santander store card last paid last June, basically not been able to pay due to a messy break up and have a little one.

 

I actually haven't heard much from anyone about it (compared to by BarclayCard!) but on Monday last week receieved a letter from Howard Cohen saying that unless I contacted them immediately they would commence court proceedings. I asked for help on here, and sent off a letter sent special delivery the next day with a £1 postal order for a CCA. 2 days later I have receieved blue court papers from Nottingham CC.

 

My question mainly is there any point contesting it? the debt is mine but certainly can't afford to pay it in one. There is so much PPI and charges on it. Tried claiming PPI but they refused - had this card open for over 12 years so there would be so much on it. So, is there a defense to my claim (as I was waiting the CCA then going to SAR them for the full PPI totals) or just fill the papers in to accept what I owe?

 

Also, looking at all the paying out parts - can I include childcare in being a day to day cost? my child goes to nursery for the days I work which obviously has a huge part of my earnings - are these taken into account?

If I am working (I quite literally have nothing left after everything is paid!) and it is a card debt, would they make me pay lots?

 

Be grateful to know what to do as to whether to apply for a 28 day breather (can I do that anyway?!) or whether to get on with the papers?

 

Sorry to ramble, just been awake all night worrying about it.

Thank you

[postggj]

when was this store card taken out (year)

 

has the card been upgraded or changed at any time

[BRIGADIER2JCS]

Thread Moved to Legal Forum

[chloeair]

Sorry I think I posted as Brig merged it (sorry didn't want to create extra work by having to merge the threads!) - it was taken out in 1999 - never been changed.

 

Thanks

[postggj]

has the debt been assigned to a debt collection agency

 

cohen works for the likes of fredricksons, arrow global etc

[Bandit127]

I don't know if you have a defence to the claim yet. You should post up the Particulars of Claim that came with the paperwork (put XXX in for any identifiable info).

 

However, if you do nothing they will get judgment by default and you will get a bill for the whole amount. You can come to an arrangement to pay this in installments with the court.

 

Personally I would consider defending. It is highly unlikely that they have the required paperwork in order.

 

Type up the POC and let us know when the acknowledgement needs to be in by.

[debbbbsy]

I asked for help on here, and sent off a letter sent special delivery the next day with a £1 postal order for a CCA.

 

Have they responded to your CCA request.

 

In the meantime simply go online and acknowledge the claim and at this stage your intention to defend in full.

 

My question mainly is there any point contesting it?

 

Until they comply with your request. YES defend. Owing the money is a moral obligation to pay, but to gain judgment they have to prove the claim is legally enforceable and the amount being claimed accurate. If you allow them to gain judgment because....yes I owe the money, you will not get a second chance to challenge this.

 

Send Howard Cohen a CPR 31.14 request.

 

Santander will not have issued the claim, which DCA are you dealing with.

 

Debbie

[debbbbsy]

You should have recieved a Notice Of Assignment informing you that Lewis now legally own this account. In the Particualrs of claim it will refer to this.

 

Send a CPR 31.14 request, refer to the POC, and request all documents they refer to including the Notice of Assignment and proof of service, if Lewis cannot provide this than they do not legally own the debt and cannot initiate a county court claim.

[chloeair]

Hi,

 

Thanks for this.

I actually don't know which DCA it is, as I have only heard from Howard Cohen. Once with a letter asking me to contact them a few weeks ago - then that they intended to commence legal proceedings which I then sent a CCA this week, then 2 days later these papers so I am a bit bewildered how its happened so fast.

 

The PoC says the following:

The claimants claim is for the sum of £1070 being monies due from the defendant to the claimant under a regulated credit agreement made in writing under reference xxxxx

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

The claimant owes the sum 1070

Court fee £65

Solicitors Cost £80

Total £1215

 

So, I acknowledge online then send the acknowledgment of service to Cohen saying I defend? I sent off CCA to them special delivery this week, so they should have this by now.

Sorry, not done any of this before, what is a CPR 31.14?

 

Thanks for any help.