Court Claim - hoist portfolio / Santander - 19-2-2015

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Brilliant, thanks. So you don't need to have them made payable to anyone?
Should I be sending the letters recorded or will proof of postage do?

[FlamingParrot]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Brilliant, thanks. So you don't need to have them made payable to anyone?
Should I be sending the letters recorded or will proof of postage do?

Recorded is better if you can afford it - you can then track them on the Royal Mail site and they can't argue they didn't receive them.

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Hi.

I sent both letters out first class on 26th February (unfortunately only with proof of postage). I haven't heard anything back from either company. Am i likely to? What do i need to do in the mean time?

Thanks in advance :0)

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

I still haven't received anything. I'm assuming I won't now but I'm pretty clueless as to all this so I was wondering what I'll need to do 1) if I don't receive anything in time and 2) if they send me the bits I've requested. I just want to be prepared as I don't always have computer access sonic I need to draft letters etc I may need to do them in advance.

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

My feeling is you will get a response quite soon.

Hoist are a little slow sometimes and Santander are even slower.
The alleged debt remains unenforceable after the 12 + 2 Working Days has expired without the CCA being provided.

nem

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Thank you. Tomorrow will be 12+2 days. Im
sure I've seen somewhere on the forum that you should chase one of the letters after a certain amount of time but any remember where I saw it. Which one is this and should I be doing it after tomorrow?

[Streetwise]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Thank you. Tomorrow will be 12+2 days. Im
sure I've seen somewhere on the forum that you should chase one of the letters after a certain amount of time but any remember where I saw it. Which one is this and should I be doing it after tomorrow?

Chase CPR do not chase CCA.

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Thanks. After ho long?

im a bit worried they're going to try to say they never received the letters even though I have copies of them and proof of postage.

[FlamingParrot]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Hi.

I sent both letters out first class on 26th February (unfortunately only with proof of postage). I haven't heard anything back from either company. Am i likely to? What do i need to do in the mean time?

I still haven't received anything. I'm assuming I won't now but I'm pretty clueless as to all this so I was wondering what I'll need to do 1) if I don't receive anything in time and 2) if they send me the bits I've requested. I just want to be prepared as I don't always have computer access sonic I need to draft letters etc I may need to do them in advance.

Thank you. Tomorrow will be 12+2 days. Im
sure I've seen somewhere on the forum that you should chase one of the letters after a certain amount of time but any remember where I saw it. Which one is this and should I be doing it after tomorrow?

You should be chasing the CPR request to the solicitors who should have responded in 7 days as stated on the later. To save time, you should email and/or ring them at this stage. You may want to say that, since they have not supplied you with the documents they should have had in their possession before issuing a claim, would they be so kind as to agree to a 28 day extension which is the maximum allowed under CPR 15.5. Get them to send you an email with this so you can forward it to the court. :typing:

Don't chase the CCA request.

Thanks. After ho long?

im a bit worried they're going to try to say they never received the letters even though I have copies of them and proof of postage.

As above, they should have responded to the CPR request over a week ago so the time to chase that one is now. Most solicitors don't say they didn't receive the letters, they tend to argue other points. :ranger:

[FlamingParrot]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

My feeling is you will get a response quite soon.

Uhmmm, in the years I've been here, I've seen very few cases of compliance with either CCA or CPR requests. I wonder what makes you say that. :noidea:

Hoist are a little slow sometimes and Santander are even slower.
The alleged debt remains unenforceable after the 12 + 2 Working Days has expired without the CCA being provided.

Indeed, but the OP still has to submit a defence before the 28 + 5 day deadline unless he gets an extension agreed, otherwise they can request default judgment. :scared:

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

I'm seeing an increase in documents being supplied, in particular CPR31.14 request being responded to by solicitors I believe there is one such letter confirming this on the forum.
Elsewhere I also see more compliance, my guess is some discussion has taken place somewhere in the depths of the murky debt collection industry pond.

The more debtors complain to DCA's and Debt Purchasers and the regulators the more reaction we are likely to see.
Don't be fobbed of with " likely to be allocated to the small claims track" nonsense complain and report every time.

nem

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Thanks so much. Will chase it today. Can't find an email address anywhere so will call when they open.

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Just to update. I spoke to HC who put me through to Robinson way. They confirmed they had received my letter but didn't yet have the documents. I asked if they could give an extension and he said he would need to speak to his manager as judgement had already been requested (I have until 23rd March to file defence and I called court to confirm this). I asked him to email out a copy of when we had discussed and he said he would call back once he spoke to manager as he had forwarded it to him as a priority. I will all them again in the morning if I don't hear any further just in case they are trying to Palm me off until 23rd when I will be too late. Does that sound ok?

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Oh dear, things are getting more tricky. Please help.

chased robinson way today as I didn't receive an email or anything, couldn't get in touch with the guy I spoke to, he called me back and o missed him, when I called back he didn't speak to me and I spoke to someone else again. Seemed to not have a clue and put me through to a very difficult guy at Howard Cohen.
Initially he tried to make out that they hadnt received the letter until I said they had told me yesterday in the phone they had received it. He then tried to say because of the balance it would be small claims track to which I corrected him and said it had not yet been allocated a track. He then kept asking me why I wanted sight of the documents and must have asked me at least 4 times if I acknowledged that the debt was mine. I remained evasive as I didn't know what he was trying to do. Something didn't sit right.
He then told me that I would have to submit my defence and then request the docs. I reiterated that I had already requested the documentation and that I simply wanted sight of it before my defence. He wouldn't give an extension and said I would need to submit a defence saying I had requested the docs and hadn't seen them yet and that he would put in a request today to their client. I asked him why I was told yesterday that a request had been put in but the docs hadn't yet been received. He wouldn't answer. He told me he wasn't answering that and that all he would say is he had already spoken to their client about this file.
he told me again I would need to file a defence straight away to avoid a default judgement and once they have document they will forward them to me. He wouldn't even give a rough estimate of how long this wouldn't take.

what is going now? Looking at the forum it doesn't seem that this generally happens?

thanks in advance. I am confused an worried.

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Sorry to say that this is what happens when you phone DCA's and their rented solicitors, evasion. and lies!!

Signed for post best, e-mail second best, phone waste of time.

nem