Help needed with county court summons from Santander

[ruth101]

I would be grateful for some help in how to respond to a county court summons issued by Santander's solicitors.

 

The summons is for £902 plus solicitors and court costs and I need to reply to it by Monday. The amount is made uo of £690 on a Debenhams store card (originally through GE Money), late/missed payment fess and interest.

 

I do owe the money but have had to give priority to my secured debts, council tax and utility bills leaving nothing for credit cards (all defaulted) and this one credit card.

 

I haven;t requested a CCA or queried the late fees etc. - have I left it too late to do so?

 

Should I reply online or by recored delivery? How should I respond to the summons?

 

Any advice would be greatly appreciated, as I have not had to answer one before.

 

Many thanks,

 

 

Ruth

[BankFodder]

How many late payment fees and how much is each one.

[gazhodge1981]

Do you know if the amount there asking for is correct?

When was the last time you made a payment on the account?

Are they claiming the full balance and did they send you a default notice?

[ruth101]

Last payment was made on 31 May this year. There are about 4 late payment plus 4 no payment fees at £12 each.

 

They did send a default notice.

 

A will check to see if the amount is correct.

[ruth101]

The amount is correct and is made up of about £144 in late/overlimit fees and £100 in interest.

[ims21]

Thread moved to Legal Forum in view of the issue of court papers

[AndyOrch]

Hi Ruth

 

Look at the date on the summons.You have 33 days in total to deal with this matter (subject to how you plea) 5 deemed served so that leaves 28 (14 to complete your Acknowledgment of Service and if defending in any way a further 14 to submit a defence)

From your post there appears to be no dispute or tangent reason to defend in full.You may consider a partial plea of admittance and argue the unfair fees and interest.(This will require a defence and extend the period by the extra 14 days)

 

You can respond on line using your username and password at MCOL.

 

Its never to late to request a copy of the agreement using a section 78 request but if so do this asap as they only have 12 days plus service to respond.

 

Of course your plea will depend on your circumstances and stance in dealing with the matter but how important is it to avoid a County Court Judgment to you personally?

 

Regards

 

Andy

[ruth101]

Thanks Andy, that's good advice and thank you for explainingclearly.

 

I have several credit card defaults on my credit file, so not sure how much worse a CCJ will make it?

 

Thanks again,

 

Ruth

[AndyOrch]

You have nothing to lose by part admittance anything less will be an auto Judgment...if you wish to argue the unfair charges and interest this may facilitate mitigation and mediation.Who knows they may not be able to comply with your section 78 request also!!!!

 

Regards

 

Andy

[ruth101]

I will do the CCA request tomorrow, presumably to Debenhams directly as they signed me up.

 

After that's done I'll go online to the court - should I say I am disputing the unfair charges and solicitors fee (£70) and sending the CCA request?

 

Thanks,

 

Ruth

[AndyOrch]

No send it to the claimant/or sols.

 

Work from your dates Ruth what date should your AoS be done by?

 

Just acknowledge for now and consider your action, you cant dispute the court fees.

 

Andy

[ruth101]

Andy, the issue date is 15 October so using 14+5 day calculation this is Saturday 3 November and I will do the AoS online tomorrow defending part of the claim.

 

I realise the court fees have to be paid, but as it is small claims court can I dispute the solicitors fee of £70?

 

Thanks,

 

 

Ruth

[AndyOrch]

No the claim has been issued now so until you either win or lose or mediate the fee is standard (irrespective of SCT or any track) and accepted as part of the summons.Costs will play a part in however this unfolds if you can mediate and get them to either withdraw or discontinue then the sol fee will either be part of the judgment or inconsequential if they withdraw and you both stand your own costs.

 

Andy

[ruth101]

Thanks Andy, understood.

 

Will I need to attend court, don't particularly want to?

 

If I do. I would request that this be transferred to my local court.

 

Ruth

[AndyOrch]

Take time out Ruth to read here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation-Court-Claims

 

This is how the process of litigation unfolds on receipt of a Court summons for monies and what you as a defendant may have to deal with.

 

If you intend to part defend and submit a defence subject to the claimants response the Claim will automatically be transferred to your local County Court.

 

Try not to think of films and TV County Courts are far more informal.

 

Andy

[ruth101]

Many thanks for the link Andy. I have to go to earn some pennies now and won't be back till late when I will go through it thoroughly.

 

Ruth

[ruth101]

Sending off CCA request early today and will go online to court tomorrow. May need to ask a few questions not covered in the article.

 

Thanks,

 

Ruth

[ruth101]

I just completed the online AoS and reading the Claimant details I am wondering if I did the Section 78 letter correctly.

 

I sent this to the solicitors, as the claims form said all documents should be sent to them, and I wonder now if I should have sent this directly to Santander, the claimant?

 

If I do need to send it to Santander on Monday, they will still have 12 days to respond.

 

Thanks,

 

Ruth

[AndyOrch]

I would send one to Santy direct also Ruth.

 

Regards

 

Andy

[ruth101]

Thanks Andy - will do Monday.

[ken100464]

I know nothing of how why and when this account was taken out.

 

But as its a Santander Debenhams account taken out with GE Money my first question would be is this a storecard upgraded to a credit card.

[ruth101]

Sorry for delay Ken. No it's not a credit card.

 

I received a letter Monday (12th) dated the 7th from the solicitors in reference the CCA section 78 request I sent them as well as Santander.

 

It said "as this account is no longer a running-credit account (their hyphen not mine) as the account was and is in Default, therefore the provisions if s.78 of the CCA are no longer applicable."

 

They go onto say in the absence of a format reply to the claim within 7 days (today) we are instructed to see judgement.

 

I will be completing my defence to remove the fees etc online on Saturday when the 14 days expire.

 

Have they answered my request correctly?

 

Many thanks,

 

Ruth

[AndyOrch]

Sorry for delay Ken. No it's not a credit card.

 

I received a letter Monday (12th) dated the 7th from the solicitors in reference the CCA section 78 request I sent them as well as Santander.

 

It said "as this account is no longer a running-credit account (their hyphen not mine) as the account was and is in Default, therefore the provisions if s.78 of the CCA are no longer applicable."

 

They go onto say in the absence of a format reply to the claim within 7 days (today) we are instructed to see judgement.

 

I will be completing my defence to remove the fees etc online on Saturday when the 14 days expire.

 

Have they answered my request correctly?

 

Many thanks,

 

Ruth

 

 

Post your defence ruth before submitting for others to comment.

 

Regards

 

Andy

[ruth101]

Hi Andy,

 

This is what I've come up with so far.

;

I don't deny the debt, I just can't afford to pay it.

 

What happens if Santander do not reply in time? Deadline tomorrow. Are the solicitors correct in what they say?

 

Anyway, defence so far is:

 

 

1. I have made formal requests to both Santander Cards UK Ltd andtheir solicitors to provide me with a true copy of the credit agreementrelating to the account, together with any other documentation the ConsumerCredit Act 1974 requires be provided unders.77/78.

 

I expected them to comply fully and properly with my request, within thestatutory time limit and if they failed to comply with my request, the provisionsof s.77 would apply.

 

I enclosed a postal order in the sum of £1.00 to each party as required and mycorrespondence was sent by recorded delivery.

 

 

 

I have yet to hear from Santander themselves and their solicitors claim said "as thisaccount is no longer a running credit account as the account was and is in Default,therefore the provisions of s.78 of the CCA are no longer applicable." Ido not believe this is this case.

 

 

 

2. I have been charged £168 in late payment and overlimit fees during an eight month period and feel these fees are unfair and cannot bejustified by the creditor and should be deducted.

 

 

 

 

Does the second section appear to contradict the first, i.e first requests proof of the contract, the second implies I accept the debt apart from wanting the unfair fees removed.

 

Thanks for any suggestions.

 

Ruth

Edited November 16, 2012 by ruth101

[ruth101]

Does my defence appear ok. any ideas welcomed?

 

Thanks,

 

Ruth