Sent the Acknowledgement of Service back. What happens now?

[dgs]

Hi everyone .............................. your considered opinion on this one for a newbie please.:tinysmile_grin_t:

This all started with a DFS credit agreement that went through GE Capital which was dated 26.5.2007 on the credit agreement which was 1st year payment free and the 2nd 3rd and 4th year at an agreed monthly amount on direct debit.

I first had problems when i noticed that the salesman had added insurance without my permission and i lodged a complaint.
and a cheque was given to me for £314.37 which i cashed on 20th May 2010.

This account then changed over to Santander who in 2011 claimed that i still owed them £313.97
How i could owe them money when the amount is set by them and runs for a 36 month period?

Anyway i received from Santander a letter after i had disputed this which read
DFS account ref *************** I write further to your letter on Sept 2011
Thankyou for your patience whilst we have been reviewing your complaint.
Having checked out this account i would detail the following.
Purchase price £1490
Insurance charged £186.19
Balance payable £1679.19
Payments received £1362.22 (39 x £34.93)
Balance left to pay £313.97
We are aware that between Aug 2008 and Apr 2009 this was covered by an insurance claim and £314.37 and was paid to you and cashed on 20th May 2010 which means that the payments for that period were not covered by the insurance and are still due from yourself.

I could not really make head nor tail of this and left it as it was and because we had moved address kind of put our heads in the sand and did not respond to any correspondence from Santander who then obviously passed it on to a debt collection agency who themselves didnt get any joy and passed it on to another and so on and so forth until it ended up with Arrow who used Restons for their correspondence to me.

It has now been passed by Restons to the County Court at St Catherines House Northampton
Claiming the £313.97 + £35 court fee + £50 solicitors costs totalling £398.97
Issue date was 28th August to which i sent back the Acknowledgement of service slip to give me a bit more time to get a bit of advice on how to proceed with this.

I have disputed the owed amount with Restons but they were not interested in listening to my side of the story and the situation all those years ago possibly because they had received this debt 5th hand and just thought they would put in through to the court with all the other people en masse hoping to reap rewards from judgement in their favour or scaring people into paying up before judgement was due.

Question 1. Will i get any acknowledgement of me sending back the acknowledgement of service ?

Question 2. Based on what you have read do you feel there are any grounds for defence that a judge might listen to?

Question 3. If not should i just accept that i cannot win this one and just pay up before the due date? (28 days from the issue date)
and can the original amount be paid without the costs of court fee and solicitors fee?

Question 4. If i submit a defence and judgement goes against me what costs will there be added to the £ 398.97 do you estimate?

THANKYOU FOR READING AND DIGESTING THIS LENGTHY ITEM (SORRY) AND ANY ADVICE WOULD BE GREATLY APPRECIATED.

REGARDS TO EVERYONE .................................................. .................................. DGS :tinysmile_grin_t:

[stevemLS]

Re: Sent the Acknowledgement of Service back. What happens now?

I can't make the figures work but it sounds to me as if you are actually getting a good deal if you have in fact paid 39 x £34.93.

If that is correct, it seems to me you owe them the amount claimed plus the £314.odd.

No, you will not get an acknowledgement of your acknowledgement of service.

[dgs]

Re: Sent the Acknowledgement of Service back. What happens now?

I can't make the figures work but it sounds to me as if you are actually getting a good deal if you have in fact paid 39 x £34.93.

If that is correct, it seems to me you owe them the amount claimed plus the £314.odd.

No, you will not get an acknowledgement of your acknowledgement of service.

What do you make of questions 3 and 4 please?
And is there any chance of this being statute barred based on what you have read?
Thankyou

[stevemLS]

Re: Sent the Acknowledgement of Service back. What happens now?

If it ran for four years from May 07, your last payment would be May 11 or thereabouts, so in England would not become subject to the Limitation Act until May 2017, so no chance really.

4. Would be a small claim, issue fee up to £500 is £35 if issued online, if you defend and there is a hearing, the hearing fee is £55 + fixed solicitors fee, can't remember but either £50/£80 - that should be your total costs risk.

3. You haven't said whether you agree with what has been paid or not - on the face of it, as I said, you seem to be getting a good deal. If you agree with their figures, you can offer to pay without the court and solicitors fee, they can either accept and discontinue or not - if I were acting for them for that sum of money and assuming the figures are correct, I wouldn't recommend they settle for anything less than sum claimed and half the combined costs.