Urgent Help Court papers served to old address and thats not all....

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

morning (or evening) fallen angel,

Its just a bit of a dig at another site who insists on amending any mention of this site to Seagulls or Im an Orange, keeps us amused anyway.

You need in the next day or two to complete your acknowledgement of service form and return it to the court indicating you wish to defend in full.

Don't worry if we decide between us you are only defending in part, or not at all, it isn't binding, but does give you the full time allowed to enter your defence (or admission).

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

morning (or evening) fallen angel,

Its just a bit of a dig at another site who insists on amending any mention of this site to Seagulls or Im an Orange, keeps us amused anyway.

You need in the next day or two to complete your acknowledgement of service form and return it to the court indicating you wish to defend in full.

Don't worry if we decide between us you are only defending in part, or not at all, it isn't binding, but does give you the full time allowed to enter your defence (or admission).

Ok thanks, and yes already acknowledged and stated intend to defend.

i really do appreicate all your help.

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Cool Have had day off today and probably wont be about a lot tmw, Curlys helping too, and any other input is very welcome, but i'll have another good look over on monday. Have a look at the bits Curly mentions in his post and ask anything you need and have a think if you prefer that route (defend on no cause of action put prob give car up under the 1\2, 1/3, rules, or try come to an arrangment to enable you to keep the car and get back straight on the debt - hopefully without a ccj once their poor procedures and no cause of action are pointed out.

[Curlyben]

Re: Urgent Help Court papers served to old address and thats not all....

You seriously need to consider the option of handing the car back as well.
As long as 50% has been paid, or payments made to get to this figure, then you can simply "give it back".

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

You seriously need to consider the option of handing the car back as well.
As long as 50% has been paid, or payments made to get to this figure, then you can simply "give it back".

Why do you say that? Is there nothing i can do?

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Have you kept a record of the dates you attempted to make payment. Those and evidence of any payments made since the default notice will be needed for the defence.

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

Have you kept a record of the dates you attempted to make payment. Those and evidence of any payments made since the default notice will be needed for the defence.

Yes I have written statement from the cashier at each time saying that they could not allocate payment due to no account matching my account number

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

ace

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

Hi I have been reading through various threads and default notices etc.

I know I am waiting for a reply to my CPR request, but i am concerned by Curly Ben comments - I dont want to give the car back?!

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

I think the best bet, in order to keep the car, is to go for no cause of action due to the assignment over to close finance, and breaches of oft debt collection guidelines in reference to you trying to make payments in the interim and to offer to repay the arrears over xx months plus resume your standard monthly payments, either try and get a consent order with Santander to discontinue case, or if they won't play ball, ask the court to strike the case out and in the alternative order arrears plus monthly payments over xx months - does your financial situation allow that?

Would have to be arrears over 6 to 12 months I think to be accepted.

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

I think the best bet, in order to keep the car, is to go for no cause of action due to the assignment over to close finance, and breaches of oft debt collection guidelines in reference to you trying to make payments in the interim and to offer to repay the arrears over xx months plus resume your standard monthly payments, either try and get a consent order with Santander to discontinue case, or if they won't play ball, ask the court to strike the case out and in the alternative order arrears plus monthly payments over xx months - does your financial situation allow that?

Would have to be arrears over 6 to 12 months I think to be accepted.

Hi

Not sure I owe over 6 months.

But had today the CPR relply will post it up shortly

But it includes a default notice dated 15th December.

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Can you put up the 21st Nov default letter too (while you are scanning).


Ref the arrears bit, i meant to pay the arrears over 6 months - ie if you owe three monthly installments of £100, you offer £50 a month on top of the normal monthly payment.


Also you made payment and an arrangement to pay the arrears on 24th Dec (under 14 days from the DN on their dates ).

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

Can you put up the 21st Nov default letter too (while you are scanning).


Ref the arrears bit, i meant to pay the arrears over 6 months - ie if you owe three monthly installments of £100, you offer £50 a month on top of the normal monthly payment.


Also you made payment and an arrangement to pay the arrears on 24th Dec (under 14 days from the DN on their dates ).

Hi

Yes will scan in a mo all the papers and 21st Nov default notice.

sorry been busy at work and working double shifts anyway, appreciate your help.

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Thanks Keep an eye on the date for getting the defence in by.

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

Ok everyone - i just wanted to update you all on the prgress.

Court was last week and Amethyst I got my defence in - thanks!

the claim against me was struck out by the Judge !!!!

i still have my car and the solcitors - who did not show up have written to say that they will now serve another default notice on me and if I dont pay, take me to court again!

But for now Phew!