Hoist/Cohen CCJ/CO claimform - Santander Loan 'debt' - want to F&F now

[Smoothound]

Thanks Andy. This is where it all starts to get beyond me I fear having looked at some of these in other threads!

[Andyorch]

If the threads are similar to yours ...same defence then your WS would be similar and can be used as a basis and edited to suit.

[Smoothound]

Still struggling with this but letter from court today saying Claimant has not paid the court fee and has 14 days from date of letter to do so. Seems wrong that they've missed a deadline but then automatically get a 14 day extension

[Andyorch]

Well if they dont make payment ...then their claim will be struck out.

 

Andy

[Smoothound]

Well I phoned the court this morning and it appears they have paid but I have still received nothing from them regarding CCA, CPR, witness statements etc.

 

 

I have a feeling they may just be assuming they will get a judgement by default because I have not or won't do anything.

 

 

I really need to get something sorted if this is the case but I am all a bit lost really

[Andyorch]

Have you submitted your Standard Disclosure and Witness Statement ? Points 6/9/10 post#46 above.

 

Andy

[Smoothound]

Nope not yet

 

As I said I have received nothing from them at all!

Edited September 1, 2021 by dx100uk
unnecessary previous post quote removed

[Andyorch]

They do not have to disclose anything until standard disclosure (the stage you are at now)...dont miss the dates or the Court can strike out your defence.

[Smoothound]

I assumed they would get their paperwork out quickly as they have sent me nothing I've asked for.

I assume now they either have nothing and are hoping I don't put anything forward(Judgement by default)

or are just waiting for the last minute.

 

 

It's all loaded in their favour drives me insane.

They didn't pay on time but they get a 14 day extension I have to watch my dates and if I'm late I get crucified

 

As a laymen I've read a few threads and really don't understand what I need to say and do.

Still reading stuff but I am not good at this sort of thing.

Its all overly complicated for me.

No wonder there are so many debt collectors etc. out there

[Andyorch]

They cant cant get default judgment...as you have submitted a defence.....they can succeed if you fail to comply with court directions...and like wise so can you, if they fail...that's why its imperative to comply...they may not and you can ask for their claim to be struck out...but only if you have complied.

 

What exactly are you struggling with Smoothy?

 

Andy

[Smoothound]

I am just confused by it all Andy

 

Just reading the notice of allocation to fast track and the hearing is set for 8/10/15

I have until 14 days prior to that to get all this paper work to the court and claimant

 

 

it also says at the top of the letter that the claimant by 10/9/15 file and serve 6 documents

I have received nothing or is this just to the court?

[Andyorch]

Allocation to Small Claims Track.......

 

Okay two important dates ...10/9 they should file and serve on you all that the court has listed.....this apparently has yet to happen..so your first job today is to check with the court and see if they have filed the requested documents (in form them that they have failed to serve you)...if the court respond no....then you can make application (n244) to strike out the claimants claim.

(Which I will run through with you if necessary)

 

If they have filed but not served you ask the court for copies to be served on you.

 

Moving on to the next date ...both parties are expected to file and serve (exchange) standard disclosure and a witness statement not less than 14 days pre trial.

 

Your standard disclosure will be very minimal...say a copy of your CPR 31.14 and any response and a copy of any CCA request/response, your Witness Statement and any other document that you may have mentioned or referred to either in your defence or intended witness statement.

 

A witness statement is simply an account of events in your own words...think of it as a more particularised defence....no legal jargon...and this is were you can attach documents as exhibits which are treated as evidence.It must be completed and signed with a statement of truth and dated.

 

Moving on to Standard Disclosure.

 

Attach a cover note....type " Standard Disclosure as per attached as directed by the court directions dated xxxxxxx I look forward to receiving yours by return pursuant to CPR 31. "

 

Thats it standard disclosure completed which includes all documents and a witness statement.

 

But make that call today and ask....as it may be that you don't need to do any of the above if the court impose sanctions for none compliance.

 

Andy

[Smoothound]

Right just phoned

 

 

the woman said there was nothing on the system but it may be there

just not been opened and logged on yet.

 

 

I have received nothing in the post today from them!!

[Andyorch]

Okay lets allow a little lenience and give them until midweek next week...then we can explore a possible application to the court to impose sanctions.

 

Andy

[Smoothound]

Thanks Andy.

 

So my SD will just be my CPR letter and my CCA letter there were no replies to either. Do I also need to include copies of proof of posting and signatures?

 

Just reading my defence I didn't mention the CPR letter directly so not sure whether that should be included or not?

 

" 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

 

 

3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

 

4. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

 

5. On the 23th May 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

 

6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

[Andyorch]

Thanks Andy.

 

So my SD will just be my CPR letter and my CCA letter there were no replies to either.And Witness Statement Do I also need to include copies of proof of posting and signatures? No but you could attach them to your Witness Statement if you refer to delivery

 

Just reading my defence I didn't mention the CPR letter directly so not sure whether that should be included or not?

 

" 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request. You have

 

3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

4. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

5. On the 23th May 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

Andy

[Smoothound]

Nothing arrived here today either

[Smoothound]

Paperwork arrived today

[shamrocker]

What have you received?

Edited September 1, 2021 by dx100uk
unnecessary previous post quote removed

[Smoothound]

Blurry CCA

Witness Statement

2 photovcopies of my proof of address and signature

DN

Notice of Assignment

Name change doc from Abbey to Santander

Account statements

[shamrocker]

What date is on the agreement?

 

I just Googled the name switch and found that it was 2004/5 - suggests the agreement is pre-2007.

[Smoothound]

I am sure it was 2008 but at work so can't check currently

 

2/2008

 

Best course of action now please?

[shamrocker]

Any chance you could scan and post up these documents you received - witness statement, CCA, default notice, letter about change of name? Erase any identifiable information.

[Smoothound]

All docs attached except the Witness Statement that will need a fair amount of editing and I am pushed for time currently, work etc.

 

Hopefully I've removed everything I need to and not too much.

 

Any comments not sure where to go with this? Do I just roll over or is there anyything I can do?

[jackreacher]

For starters you need to ask for a legible copy of your agreement the one provided is laughable.

 

However it si difficult to defend a 2008 agreement. Are you sure this agreement started in 2008? it may be a change in name etc.. Find your earliest statements or check the sar pack for clues.