Lowells/Cohen claimform - Santander overdraft - at DQ stage?

[DT&FE]

Hi guys

 

 

 

I am after some advice,

 

 

I current have Howard Cohen chasing a Santander/Abbey overdraft.

 

 

I served a defence to Northampton and have recently filled in a Direction Questionnaire,

 

 

I have now received documentation from HC which indicates that they have agreed to go to mediation.

 

 

However in a separate letter delivered at the same time and dated the same as their confirmation of the Claimants Direction Questionnaire,

 

 

they have stated in this separate letter as follows:

 

We refer to the defence you have filed in the above matter.

 

Please find enclosed the following documentation:

 

 

 

• Copy of Bank Account Contract with terms and conditions (these are actually Abbey T&Cs from 2000)
  
• Transaction list (from December 2008)
  
• Notice of Assignments
  

As the above confirms your existing liability, we confirm that our client will consider any reasonable offer to discharge the debt claimed in these proceedings.

 

Please contact this office to discuss any such proposals accordingly, alternatively fill in the attached form a

nd submit your proposals in writing within 14 days from the above date (30th November 2015).

 

Should no reply be forthcoming by the above stated deadline, then we will have been instructed to seek an or that judgment be entered against you

for all monies claimed in these proceeding along with any additional coast in seeking judgement.

 

Further we reserve the right to exhibit this letter to the Court if so required.

 

My questions are as follows:

 

1) As I have already completed an income/expenditure on the original reply to the court

- Do I have to do this again, and should they be asking for it?

 

2) As we and they have agreed that the case should be referred to the small claims Mediation Service

- Can they force the 14 day deadline on me, change their mind about mediation and go straight to the court?

 

3) The claim is for over 7K, but has over 2.5K in interest and penalty charges (just from 2008, not since 2000!)

- should these be disputed?

 

Thanks in anticipation

[dx100uk]

can you please fill this in

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

and also post up the defence you filed?

 

 

or did you admit the debt using the N9 form as you state you filled in the I&E?

[DT&FE]

Hi DX

 

 

I partially admitted the debt, in so much as I raised the issue of penalty charges and interest. We did complete the N9 forms which are attached.

[AndyOrch]

Thats the N9b which is to defend the whole claim so you have not partially admitted...a partial admittance is done by using N9a.Did you also complete the N9a?

[DT&FE]

Hi Andyorch

 

 

Yes we did complete the N9A I have now attached that also. It's hard to admit but we already have 3 active CCJs against us.

[AndyOrch]

Well the court has ignored N9a, as you can only submit one or the other....therefore the claim is being treated as a defended claim.

[DT&FE]

Hi Andyorch

 

 

Sorry for appearing stupid but what exactly does that mean? Both we and HC (apparently) had agreed to go to mediation

[AndyOrch]

All claims have an option to proceed to mediation...once defended. DT&FE it may be wise to have read of other similar threads then you will be aware of the process.

 

Regards

 

Andy

[DT&FE]

Hi Andyorch

 

 

Do we contact them, as they have directed us to or do we wait for the mediation to begin? What ever happens the offer will not be much different, my son can now provide around £600 as a lump sum, but we think they are unlikely to accept that and just go to court. But the most we could realistically afford with all our other debts is around £10-£15 per month, but it would take a lifetime to clear (as we are in our 50s)

[AndyOrch]

Wait until the court responds to your directions questionnaire (DQ N180)...you will receive a Notice of Allocation that will advise on mediation and the next steps that you must complete to proceed with the defended claim.

[DT&FE]

Hi Andyorch

 

 

We will await the Notice of Allocation and see where we go from there, thank you for your advice and help. I will let you know what happens.