Santander Claim form - old GE Money store card - Balance is all charges+int

[VIENNA]

I'm advising a friend who has received a claim for her store card [not upgraded to credit card]. The charges on the account total about £30 short of the balance claimed but with 8% int added the total is around £20 more than that being claimed. There are also a few charges from more than 6 years ago which I have not added [to keep it straight forward for her] nor have I yet had chance to use another interest rate spread sheet which will of course increase the interest amount. My initial reaction was to counterclaim but as I have never done that I'm wary of advising her and of course she will have to pay a fee.

The POC only mention the agreement and DN [so she is looking for those now so I can cast an eye over them].

AoS done and we have 3 weeks to construct a defence so any thoughts/advice would be appreciated:-)

[AndyOrch]

Hi Vienna and welcome to CAG legal Forum

 

If you could expand on if there was any dispute with the debt/PPI last payment and a brief history (start date of agreement)

 

If you could type out the Particulars verbatim (less any identifiable date and a rough amount claimed...is the 8% included in the total or subject to the discretion of the court?

 

If you have not already advised or done so then a section 78 request to be done ASAP and also a CPR 31.14 request for documents reffered to in the PoC.

 

Regards

 

Andy

[VIENNA]

Hi Andy, apparently she had previously requested repayment of charges but gave up when they said no. No PPI and account opened around 2004. Last payment was 6 months ago when financial difficulties struck. The 8% interest would be at the discretion of the court.

POC-Claimants claim is for the sum of £555 being monies due from the defendant under a regulated credit agreement under reference xxxxxxxxxx, The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to S87[1] of Consumer Credit Act 1974. The claimant claims the sum of £555.

 

CCA request and 31.14 being sent tomorrow.

[AndyOrch]

Is it still with the OC Vienna or has it been assigned?

[VIENNA]

Originally GE Money but taken over by Santander and still with Santander Andy.

[AndyOrch]

Excellent so get the CPR and CCA off to the Claimant ASAP (Copy the Sols)...in the meantime see what your friend has re documentation ....original DN/TN/ Notice of Arrears etc.

 

Update if anything transpires and also as we approach the defence date.

 

Regards

 

Andy

[VIENNA]

Thanks Andy.

[VIENNA]

So, a reply to the CCA request has arrived but no agreement is enclosed. This letter from Santander, who are named on the claim form, simply says- "as there is no outstanding balance on this account and it is closed there is no obligation to supply the information requested".

 

Nothing from Sols yet in regard to 31.14.

[AndyOrch]

Excellent straight from the horses mouth so no agreement no debt no claim...should make for a simple defence which of course you will refer to that response as proof.

Have you worked out the due defence date?

 

Regards

 

Andy

[VIENNA]

Hi Andy, defence due 11th July.

[AndyOrch]

Just bump your thread a few days earlier for my attention Vienna and we can draft a suitable response.

[VIENNA]

Great stuff, thanks again.

[VIENNA]

Hi Andy, could we construct a defence, if you are available, as I am not going to be here for a few days?

 

POC Claimants claim is for the sum of £555 being monies due from the defendant under a regulated credit agreement under reference xxxxxxxxxx, The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to S87[1] of Consumer Credit Act 1974. The claimant claims the sum of £555

 

Respose to cca request was "as there is no outstanding balance on this account and it is closed there is no obligation to supply the information requested". No response from Sols to 31.14 [requesting agreement and DN] and no assignment involved.

[AndyOrch]

Not at the moment Vienna..I will be free towards the weekend to draft something.

 

Regards

 

Andy

[VIENNA]

No problem Andy

[VIENNA]

Comments on this defence please-

 

1. It is accepted that the Defendant entered into an Agreement referred

to in the Particulars of Claim but is unaware of any balance outstanding

to the Claimant.

2. With regards to termination of the Agreement it is denied that a

Default Notice was received. The Claimant is placed to strict proof there of.

3. In light of 1 and 2 above the Defendant served a request pursuant to CPR 31.14

for disclosure of documentation that the Claimant seeks to form its case upon.

The Claimant continues to deny relief to same.

4 The Defendant also made a request to the Claimant under s78 of the Consumer Credit

Act 1974 for a copy of the agreement mentioned.

5 In reply to my S78 request the Claimant replied in a letter dated xx that

"as there are no longer any monies outstanding to Santander Cards and the account

is closed there is no obligation to supply this information".

6 By reason of the facts set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Comments on this defence please-

 

1. It is accepted that the Defendant entered into an Agreement referred to in the Particulars of Claim but is unaware of any balance outstanding

to the Claimant.

 

2. With regards to termination of the Agreement it is denied that a Default Notice was received. The Claimant is placed to strict proof there of.

 

3. In light of 1 and 2 above the Defendant served a request pursuant to CPR 31.14 for disclosure of documentation that the Claimant seeks to form its case upon. The Claimant has failed to respond.

 

4 The Defendant also made a request to the Claimant under s78 of the Consumer Credit Act 1974 for a copy of the agreement mentioned.

 

5 In reply to my S78 request the Claimant replied in a letter dated xx that "as there are no longer any monies outstanding to Santander Cards and the accountis closed there is no obligation to supply this information".The Claimant therefore remains in default of my section 78 request.

 

6 By reason of the facts set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

[VIENNA]

Thanks Andy