Claim Form From Howard Cohen - re:old GE/Santander Cards UK - debt

[Mike_hawk]

Evening Andy

 

Sorry, probably not clear that I was referring to trying to reconcile the running balance.

 

DN's a wrongun but the agreement refers to 36 month term [i think], now expired. Not sure they'd need to rely on it to enforce post term.

 

One thing that is of interest is the note regarding financial write off at 27.06.12 or how that affects the case?

 

There's also the issue of the offer to rewrite the agreement which as yet appears to be unrevoked............ what happens if Mato now accepts the offer?

[AndyOrch]

Not fully up to speed on the finer details of the thread Mike I was just referring to the DN...straw clutching yes but the Notice is defective.If I get chance I will have run through tomorrow.

 

Andy

[mato2012]

Hi Mike, just to respond to your last post. I had the loan initally signed off on April 2008, with a repayment break for some months, the first payment was to go out in April 2010, however along the way I noticed an item had been added on my purchase without my knowledge i.e 5 years anti stain insurance £160

 

After back and forth conversation with the shop on email and phone had the new sales agreement rewritten in May 2009 without the anti stain insurance.

 

The first installment re payment remained april 2010.

 

The attached DN shows a different and a much lower figure they are claim at that point if you look at the date in relation to their statements! Also the fact that I am working now I can afford to pay creditor directly excluding the ppi,charges and court costs etc to keep this to rest, but email or letters from HC are bullying and this harden my resolve..

[mato2012]

hi mike any updates?

[mato2012]

I received the letter below yesterday from northampton county court, but the timing left me confused. The defence deadline was 2x August 2012, i put in my holding defence on time and demanded cpr and cca from CH, but within no info I contacted the court after 6 weeks and they said they havent heard yet from CH. Then 2 weeks later I contacted them and they said no contact yet and will be soon sending out AQ.

 

I received AQ last week and a return deadline of 2x October 2012, which was return, but the next day I got a letter below dated same deadline date..was just wondering the coincidence!

[mato2012]

LETTER:Notice of Transfer of Proceedings

 

To all parties

 

A defence to this claim has been filed. If the defendant is an individual the claim has been transferred to the Court covering the area where the defendant lives or carries on business. The case will be referred to a District Judge and you will receive directions regarding allocation in approximately ten working days .

 

If you would like any further info you can contact the local court directly but please wait the judges directions

[mato2012]

anyone?

[BRIGADIER2JCS]

Please be patient it is a Saturday evening, otheres will advise when availale.

[Mike_hawk]

Hi Mato

 

Case is transferred on service of AQ's, normal procedure and nothing to be concerned about.

 

Regarding your case, nothing really comes to mind. Your original calcs were a little bit off so it really just leaves you the PPI and charges to argue, the DN is a non starter as it was a fixed term agreement which has now expired, doesn't matter whether the DN was compliant or not the term of the agreement has passed.

 

Not sure why the account shows a write off at June 2012, seems an odd statement of affairs but really don't know if it would serve any useful purpose in bringing it into any argument.

[mato2012]

Hi Mike, do you think i can reduce the amount by forcing the ppi and charges off? I am in a position to pay as I have an income coming in now, but if my ppi and charges cancel out court charges then this would be a compromise I would consider? Any tips or plan to go towards this direction?

[Mike_hawk]

Mato

 

 

Hang on for a while, I may have missed something obvious in your previous posts

 

 

From the agreement itself:

 

 

What date was the second agreement drawn up and executed?

 

 

Date first instalment due?

 

 

Number of instalments?

 

Assuming you can confirm the above info.............

 

 

DN issued 11.01.12........ was there really a default status of the account at that time?

 

If we deduct the £12.00 difference in returned d/d value at 03.02.12 it leaves a post default sum paid at £923.86

 

Ignoring the iisue of missold PPI and charges for now, what was the total sum due from first instalment date to 11.01.12?

 

As an example;

 

First instalment due 27.04.2010

 

Number of instalments due to the period 11.01.12 would be 21

 

21 x 39.13 = £821.73

 

1 x PPI premium was applied [in error I assume] at June 2009 at £4.35 leaving a balance due by 21/36 at 11.01.12 of £817.38

 

There are charges of £60.00 [i think] for the period but regardless of the enforceability of same were any of them applied accurately?

 

Assuming they were it would leave a balance including PPI premiums + charges due to that date at £877.38

 

This appears to place your account with an excess credit of £46.48 at that time, hence no default

 

First job would be to convince the court of the true balance, pretty straightforward

 

Second would be the PPI issue, that should be fairly simple too given the content of the other sides letter.

 

Third would be the issue of charges, also fairly straightforward

 

DN itself....... there appears to be a second DN issued during Feb 2012, but again there doesn't appear to be a true default status at that time due to the overpayment noted above.

[mato2012]

jUST UPLOADED all the DN RECEIVED SO FAR..more info coming

[Mike_hawk]

[ATTACH]39057[/ATTACH]

 

Mato

 

Attached a spreadsheet for you to check, if only to work out the true balance and the effect of the charges

 

The annual statement dates [attachments ending 404 & 427] don't reconcile with the transaction history dates [attachments charges1 & charges2]. For example; Between Dec 2011 & Feb 2012 there were a total of 4 x £12.00 charges applied, depending which dates you believe, the first of the 4 was applied at either 27.12.11 or 6.01.12 so this is a mix and match which should include everything, 65 transactions in total to 27.02.12.

Edited October 28, 2012 by Mike_hawk

[mato2012]

Thanks Mike for your help, I am getting confident as we get along, I am answering your thread #111 below;

 

1st Agreement --- later cancelled after I complained about unwanted anti stain insurance

 

Date signed at Store 22/04/2008

1st Instalment due 27/04/10

You must repay the loan amount through 36 monthly instalments of 39.23.

Terms (including deferral period) 48 months

PPI £4.90

Total amount £1252

Nb. For some reasons the sales contract drawn by sales rep at the store accompanying this agreement is dated 22/04/09 next to my name in customers’ signature box!

 

2nd Agreement

 

Date signed at the store 27/05/2009

1st Instalment due 27/04/10

You must repay loan amount 36 monthly instalments of £37.78

Monthly repayment (inclusive of pp1) £39.13

PP1 £4.35

Nb. For some reasons the sales contract drawn by sales rep at the store accompanying this agreement is dated 15/05/09 next to my name in customers’ signature box!

 

Total amount £1252

 

As you have seen in earlier letters, they also requested me to go to store and sign a new agreement to remove the ppi payments, this will bring me to agreement 3! In the light of pending court issue, probably I wont go for it?

[mato2012]

Hi Mike, regarding the attached spreadsheet, looking at it quickly you are right. I am printing it for a closer look, though am not surprised they made such erroneous adjustments, in fact I have a letter from them writing to me apologising for debiting me £15 instead of £12 for late payments?

 

With the info you have provided so far, which strategy I should adopt for now?

[Mike_hawk]

Hi Mato

 

Right at this moment I can't see any compliant DN's so that's the first issue

 

There's the matter of charges, which are contrary to the CCR...... and really should be recovered + interest

 

PPI..... not sure, recovering the premiums to date + interest shouldn't be a problem but you should also consider the wider picture of whether it constituted an unfair relationship. Would I personally go down that route for a few hundred quid?........ probably not, but each to their own.

 

Probably easiest to wait on directions for now and see how things progress.

 

Take some time to read the PPI forum and also Brandon v Amex for the DN issue.

[mato2012]

Hi Mike

 

Hope you are fine and been a while since we worked on this, I have attached a recent letter received from court staying the case till Feb to allow mediation. I would appreciate your input on how to tackle this. PLS also let me know how i can donate to this project, it has been such refugee to me win/lose, i appreciate the help received here.

[Mike_hawk]

Hi Mato

 

Bit busy on the run up to Christmas and can't get on here as much as I'd like.

 

Mediation can prove very useful, esp in the case of small claims such as yours.

 

It would be sensible to engage fully with the process, ideally draft yourself a list of issues you believe need resolving...... variations in transaction history, refund of PPI premiums + interest, refund of all charges + interest. See how far they can be pressed to negotiate. You may find you can force it down to a very small sum that you'd be happy to settle on.

 

I'm sure the site would welcome any donation...... there's a link here for the Paypal account https://www.paypal.com/uk/cgi-bin/webscr?cmd=_flow&SESSION=nvU9l751w7TR4UaJmRMWmmJp_M_wthAURkevOmX87BB0tZz037Zx0qxCwHK&dispatch=5885d80a13c0db1f8e263663d3faee8d0b7e678a25d883d0fa72c947f193f8fd