Restons

[owen2014]

Hi All,

After defending myself vs Bryan Carter and getting a succesful outcome I have now got to defend a claim from Restons.

I am stuck on my CPR requests around the particulars of claim.

On the form it says this.

"The claimant claims payments of the overdue balance due from the defendant(s) under a contract between the Defendants(s) and Santander dated on or about Apr 08 2010 and assigned to the claimant on Feb 14 2014 in the sum of #542.40

PArticulars a/c no - xxxxxxxxxxxxxx

Date Item Value
18/07/2014 Default Balance £542.40

Post refrl cr NIL

TOTAL - #542.40


What do I write on the CPR request?

Thanks

[FlamingParrot]

Re: Restons

After defending myself vs Bryan Carter and getting a succesful outcome I have now got to defend a claim from Restons.

I am stuck on my CPR requests around the particulars of claim.

On the form it says this.

"The claimant claims payments of the overdue balance due from the defendant(s) under a contract between the Defendants(s) and Santander dated on or about Apr 08 2010 and assigned to the claimant on Feb 14 2014 in the sum of #542.40

PArticulars a/c no - xxxxxxxxxxxxxx

Date Item Value
18/07/2014 Default Balance £542.40

Post refrl cr NIL

TOTAL - #542.40

What do I write on the CPR request?

Sorry to have missed this one and not replied earlier.

Was this for a current account overdraft? If so, take a look at this: http://www.legalbeagles.info/forums/...682#post409682

The CCA request wouldn't apply to an overdraft if that's what this was.

Can you give us a bit more information about the account?

[owen2014]

Re: Restons

Hi,

The account was a DFS sofa - but the finance was with Santander - opened in around 2010 - payments were paid until around a year and half ago.

Not heard anything from this debt despite contacting DFS re who owns the debt.

Thanks

[FlamingParrot]

Re: Restons

The account was a DFS sofa - but the finance was with Santander - opened in around 2010 - payments were paid until around a year and half ago.

Not heard anything from this debt despite contacting DFS re who owns the debt.

Ah, ignore what I said above with regards to overdrafts.

Below are the steps to take upon receipt of a claim. Bear in mind that, if you opened the account in 2010, you probably won't be able to use CCA arguments such as lack of prescribed terms, etc. and Santander are likely to be able to locate a copy of a recent agreement like that.

Have you got any grounds for disputing this account?

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[owen2014]

Re: Restons

Right OK thanks for that.. So in order to avoid a ccj its likely I will unable to defend and will need to settle by paying full amount?

[FlamingParrot]

Re: Restons

Right OK thanks for that.. So in order to avoid a ccj its likely I will unable to defend and will need to settle by paying full amount?

Alternatively you could sign a Tomlin Order whereby proceedings are stayed as long as you keep to the terms of the order. A set monthly repayment will be included in the order, you just need to make sure it's an amount you can afford in the long term because it can be very hard to vary the terms of the order.