Santander (Mothercare) Court Forms Received

[Rashley]

HI all. Received Court forms today for a debt that I have been paying £2 per month token payment for some time. Was a bit confused, but looked back at the last correspondence and what I thought was an Annual Statement was a Letter Before Action........
There was only a two week gap in receiving the LBA and the Court forms, but this is undoubtedly the Post as it has been awful around here since COVID and worse over Christmas.
Obviously I admit the debt is mine, as I have been paying, but have I missed the boat for the offer of a lump sum reduction included in the LBA do you think.
Also, it is worth requesting an extension to 28 days and asking for the CCA to try and delay proceedings. I may be able to raise a lump sum of some kind in that time.
I REALLY don't want a CCJ as I am trying to get back into Financial Services and a lot of Companies do not look too kindly on them. I was in that Industry before I became a homemaker.
Thanks.

[echat11]

Hi Rashley

I would defend the claim, find out what information they have, if they have followed all the pre action protocols. Also you have the opportunity of mediation before a hearing.

Provide the following information.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) First Acknowledge the Claim, you can do this online, this will give you 28 days (plus 5 days) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request, they have 14 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request, they will provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc.

[Rashley]

Thanks for the response.

I have rec'd a Claim Form

Form is dated 13th January 2022

I have not acknowledged the Claim yet.

Claim is for approx £500.00

Claimant is Arrow Global Management

Solicitor is Drydens Limited

Original Creditor is Santander (A Mothercare Storecard I believe)

Claim Particulars are:

1.The claim is for the sum of £xxxxxx in respect of monies owing by the defendant on a credit agreement held by the defendant with Santander under Account number xxxxxxxxxxxxxxxxx upon which the defendant failed to maintain payments.
2.A default notice was served upon the defendant and has not been complied with.
3.The balance owed was assigned from Santander to the claimant, and the defendant has been notified of the assignment by letter.
Contact Drydensfairfax on xxxxxxxxxxxxxx

The debt is NOT Statute barred.

I have been paying a £2 per month Token payment for a couple of years following financial difficulties. I received a Letter of Claim, about a week/10 days ago, but, stupidly, thought it was a Statement of Account as it had A LOT of statements in it.

I have maintained the payments without fail, so far.

I will send the letters, with proof of postage tomorrow.

Again, thank you so much for your help.

[echat11]

Follow a) to d), see what they send in way of documentation, then you'll have a clearer picture of how you want to proceed. Bare in mind that they've lodged a Court claim, something that must be dealt with.

[Rashley]

Morning,

AoC completed online and letters issued, with Proof of Postage.

Thank you for your help.

[Rashley]

Morning, Small update. Arrow have returned the Postal Order as "We no longer Charge for this".

No other responses as yet. At what point do I chase, update the court ?

Thank you !!

[echat11]

You need to make sure you get your defence in on time (28 days from the date on the court claim form plus 5 days - post), even if you don't receive the requested information.

[Rashley]

Hi all,

Received a letter from Arrow today that is titled 'Periodoc Statement'. Seems to have nothing to do with any of my requests.

I believe that my Defence is due on 9th February (13th Jan + 28), CCA Requests etc were posted on 19th so I presume it is too early to file a defence citing non-production of documentary evidence?

Thanks.

[echat11]

Hi all,

Received a letter from Arrow today that is titled 'Periodoc Statement'. Seems to have nothing to do with any of my requests.

I believe that my Defence is due on 9th February (13th Jan + 28), CCA Requests etc were posted on 19th so I presume it is too early to file a defence citing non-production of documentary evidence?

Thanks.

Yes, they might still send the requested documents.

[Rashley]

Morning All,

Received a letter from Drydenfairfax today:

The important paragraph reads:

We acknowledge receipt of your request made under CPR31.14 and your Consumer Credit Act 1974 (CCA) Request and confirm we are currently liaising with our client for the relevant documentation.

We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance with CPR 15.5 in order to file your defence.

We trust the above..........................

Do I need to inform the Court of this or respond in any way ?

Thank you !!

[echat11]

Morning All,

Received a letter from Drydenfairfax today:

The important paragraph reads:

We acknowledge receipt of your request made under CPR31.14 and your Consumer Credit Act 1974 (CCA) Request and confirm we are currently liaising with our client for the relevant documentation.

We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance with CPR 15.5 in order to file your defence.

We trust the above..........................

Do I need to inform the Court of this or respond in any way ?

Thank you !!

You can let the Court know, no harm in doing that, no doubt Drydenfairfax has done so. Regardless you have a letter.

[Rashley]

Afternoon all,

Received two letters today both from Arrow. The first is a request to confirm my identity, via email, in order for them to comply with the SAR Request and the second is a 'Default Sum Notice' which itemises the fees added, and included in the court claim.

I assume these are standard and just need to be reviewed and filed with the other correspondence.

I believe my defence is due on the 10th February as the date of Issue on the Court form was 13th Jan. I issued the CCA, SAR and CPR 31.14 letters on the 19th Jan, so the earliest of the required response dates is today. Should I file a full defence now, or give them more time to comply, whilst ensuring I meet the final deadline ?

Thanks, as ever, for your ongoing help.

[echat11]

Exactly this 'give them more time to comply, whilst ensuring I meet the final deadline ?'.

Is this a problem for you to do? 'The first is a request to confirm my identity, via email, in order for them to comply with the SAR Request.'

[Rashley]

Thanks Echat,

Complying with the request is not a problem. It looks like they only want my email address to be honest.

[Rashley]

Evening all,

Arrow have confirmed that they are happy with my email address and will now comply with my SAR.

I believe my defence is due tomorrow as the Claim is dated 13th January and am intending to file the following via MCOL.

In the Northampton County Court Business Centre

Claim No: 123456

Arrow Global Management Limited



And



Mrs X X XXXXXX



DEFENCE



1.The Defendant received the claim 123456 from the Northampton County Court on 17th January 2022.



2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a Store Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Santander for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Santander to Arrow Global Management but does not mention when. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Santander served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 19th January 2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydens Limited, the Claimants Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Drydens Limited has not sent any of these documents to the Defendant, but has acknowledged the request, stating “We confirm that upon receipt of the documents, we agree to a further 28 day extension in accordance with CPR15.5 in order to file your defence.”

11.On the 19th January 2022 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Management pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of
s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

I have copied most form the Standard defence on this, extremely helpful, website apart from Points 10 and 12. 10 Is a little freehand and 12 I wasn't certain whether a Storecard came under s77 or s78, but I THINK it's 78.

Would someone be kind enough to review for me ?

Thank you !!