CCJ Iminent

[daidog]

Hi everyone.
Was wondering if i could get some options from someone.
The Missus had a Claim from Howard Cohen/Robinson Way/Hoist2 etc for a Santander CC back in June.
Did CCA request, CPR Request and email follow up. Heard nothing from anyone put in an embarrassed defence.
Court was changed to local court. Judge made an order for witness statements and relevant documents from the claimant.
Did a witness statement which I sent off to court and HC.
Was going to ask for case to be struck out because I had no relevant documents.
Then received all relevant documents with a witness statement from HC right on the deadline the Judge had given.
I am a bit fed up because if the relevant documents had been forthcoming in my original requests, I would have arranged a payment plan with the claimant as I have with other debts who have supplied the paperwork. (All I really want is to know we are paying the right people who have a legitimate claim, the right amount of money).
I realise now I should have gone for a strike out after CPR non-compliance, but its a bit late for that now.
Hearing is on the 17th Dec and I need to know what options if any I might have. (Tomlin Order??)

[nemesis45]

Re: CCJ Iminent

Good afternoon,
The Big Question is are the documents compliant?
Is there an agreement?

nem

[daidog]

Re: CCJ Iminent

Thanks for the quick reply.
There is an agreement with a signature. Its a bad photocopy though, so can't read the details.
But the date is 2009 so the way I understand it, they would only have to supply a reconstituted copy anyway.
They also supplied a legit Default notice and Notice of Assignment and full set of statements.
Its for an Abbey CC which is why OH was confused with it being Santander.

[daidog]

Re: CCJ Iminent

Help Please anyone. 9 days to hearing and not sure the best way to go. Damage limitation needed but in what form??

[Amethyst]

Re: CCJ Iminent

Presumably your Witness Statement was still based upon not having had any documents. It is bloody frustrating when they do that I agree, and hopefully that will be sorted out some with the new preaction debt protocols when they come into force, but for now they can get away with it. If you think the documents are all compliant and evidence the debt then you can contact the claimant to negotiate a settlement outside of court, under, as you mention a Tomlin Order. It sounds like there is an issue of legibility with the agreement at least and are all the terms and conditions with the agreement ? do interest rates and default charges match up ? Is it a reconstruction or a copy from the original agreement ? If there are small points that are arguable in court you can try use those to help negotiations to keep you out of a CCJ, or you can do an updated Witness Statement now you have received the documents stating all the issues with them.

It would be best if you could scan the agreement in and list what documents you have received.

[daidog]

Re: CCJ Iminent

Thanks Amethyst. I'm on it now. Bit new to this posting thing (Done an awful lot of reading though!) so bear with me re scanning etc.
What format do I post scans up as? Is it just a question of inserting an image. Sorry to be so technically thick.

[daidog]

Re: CCJ Iminent

Ok, so these are the scans of the agreement. This really is as good as it gets.
They also supplied:-

Printed set of Terms and conditions
Default Notice from 2012
Full set of statements from opening of account to default
The assignment
Notice of assignment

We were a bit stuck as to confirming anything because the missus who is a teacher, has done several "cleanouts" of her office at home, and had obviously binned a lot of stuff!

As a note, in the Witness statement from HC. one of the paragraphs states that " the Defendant refers to section 78 of the Consumer Credit Act 1974, however, section 78 only refers to running credit Agreements in any event.":confused2:

Forgive me if I am wrong, but isn't that exactly what a credit card is?

I would just like to add at this point that we initially got into debt back in 2011 because I had to take a lot of time off work to look after my old man who was recovering from major heart surgery and during the same period was chasing (unsuccessfully) an unpaid invoice for work I had done for a local builder. ( I am a chippy btw)
We are trying to get back to normal, but there are so many DCA's chasing the same debt and so many letters and phones ringing its hard to know who legitimately owns what debt.

[nemesis45]

Re: CCJ Iminent

[QUOTE=daidog;599407]Ok, so these are the scans of the agreement. This really is as good as it gets.
They also supplied:-

Printed set of Terms and conditions
Default Notice from 2012
Full set of statements from opening of account to default
The assignment
Notice of assignment

We were a bit stuck as to confirming anything because the missus who is a teacher, has done several "cleanouts" of her office at home, and had obviously binned a lot of stuff!

As a note, in the Witness statement from HC. one of the paragraphs states that " the Defendant refers to section 78 of the Consumer Credit Act 1974, however, section 78 only refers to running credit Agreements in any event.":confused2:

Forgive me if I am wrong, but isn't that exactly what a credit card is?

I would just like to add at this point that we initially got into debt back in 2011 because I had to take a lot of time off work to look after my old man who was recovering from major heart surgery and during the same period was chasing (unsuccessfully) an unpaid invoice for work I had done for a local builder. ( I am a chippy btw)
We are trying to get back to normal, but there are so many DCA's chasing the same debt and so many letters and phones ringing its hard to know who legitimately owns what debt.[/QUOTE}

Hi,

I don't know who drafted that WS but that statement re the CCA 1974 is wrong.
What is alleged to be a reconstituted agreement ( I presume this is what it is said to be?)
Is their more than 1 set of Ts & C's?

nem

- - - Updated - - -

[QUOTE=daidog;599407]Ok, so these are the scans of the agreement. This really is as good as it gets.
They also supplied:-

Printed set of Terms and conditions
Default Notice from 2012
Full set of statements from opening of account to default
The assignment
Notice of assignment

We were a bit stuck as to confirming anything because the missus who is a teacher, has done several "cleanouts" of her office at home, and had obviously binned a lot of stuff!

As a note, in the Witness statement from HC. one of the paragraphs states that " the Defendant refers to section 78 of the Consumer Credit Act 1974, however, section 78 only refers to running credit Agreements in any event.":confused2:

Forgive me if I am wrong, but isn't that exactly what a credit card is?

I would just like to add at this point that we initially got into debt back in 2011 because I had to take a lot of time off work to look after my old man who was recovering from major heart surgery and during the same period was chasing (unsuccessfully) an unpaid invoice for work I had done for a local builder. ( I am a chippy btw)
We are trying to get back to normal, but there are so many DCA's chasing the same debt and so many letters and phones ringing its hard to know who legitimately owns what debt.[/QUOTE}

Hi,

I don't know who drafted that WS but that statement re the CCA 1974 is wrong.
What is alleged to be a reconstituted agreement ( I presume this is what it is said to be?)
Is their more than 1 set of Ts & C's?

nem

[Mikeywigz]

Re: CCJ Iminent

dude had the same with wife and overdraft 10k need to talk to Paul Tillley Howlett and Clarke Brighton and they have a kick arse barrister called tom Brennan it costs but not bad they got the Mrs of and the case struck out they really know there stuff just a thought

[daidog]

Re: CCJ Iminent

Just the one set of T & C's that look like they have been printed . The agreement (see attached pdf post 7) is a photocopy they have sent of the original signed agreement. Its just so blurred, cant make much out on it at all. But I have read on other threads that Judgements have been granted in similar cases because the Judge has said all the claimant would have to do would be to make up a reconstituted copy anyway, (Because its dated post 2007.)

Have just noticed print dates on the top of Transaction Summary they have supplied as being June 2015, so they have been sitting on these for 5 months without sending anything to me until last minute.:mad2:

[daidog]

Re: CCJ Iminent

Thanx for the advice Mickeywigz. I have use Howlett and Clarke before, Kate Briscoe from there did a brilliant job with a bankruptcy petition from Lowells for me. Can't fork out that kind of money at the moment though which is why its a DIY job i'm afraid and I think there's a lot less going for us this time around.

[daidog]

Re: CCJ Iminent

I don't suppose I can get some help with wording for a letter asking for Tomlin Order. Done a financial Statement to go with it but I think I might need something a bit persuasive in the letter. Have a feeling they won't go for it as hearing is close now. (17th Dec)

Not sure of whether to say about Illegible Application or mistaken statements in their WS. Is that wise?
Any Ideas would be a big help. Would like to avoid a Judgement if at all possible even if its just for Brownie points with the Missus!

[nemesis45]

Re: CCJ Iminent

I don't suppose I can get some help with wording for a letter asking for Tomlin Order. Done a financial Statement to go with it but I think I might need something a bit persuasive in the letter. Have a feeling they won't go for it as hearing is close now. (17th Dec)

Not sure of whether to say about Illegible Application or mistaken statements in their WS. Is that wise?
Any Ideas would be a big help. Would like to avoid a Judgement if at all possible even if its just for Brownie points with the Missus!

Here are my thoughts:
The agreement is not compliant All parts of it must be easily legible this " agreement " is it seems totally illegible.
an if the WS does not support the claim I would say so.
I would suggest informing the solicitors that you believe that they should invite their client to withdraw the claim as the
alleged agreement relating to the alleged debt does not comply with the requirements of CCA 1974 and that their witness
statement is a joke.

Send Cohen an e-mail on this and follow up with a signed for letter.
This Cohen and Co at their worst conning people with illegible paperwork.

Send the e-mail and meanwhile I'll draft a letter for you.

nem

[daidog]

Re: CCJ Iminent

Cheers nem.
Just got in from work so will be on it forthwith.
This is why I absolutely Love this Site :high5:

[daidog]

Re: CCJ Iminent

Ok nem. So i've sent an email to Cohens. Pretty much following along the lines of what you said :-

Dear Sir.
Re: (Hoist Portfolio Holdings 2 Ltd) v (-----------------------)
Claim No: -----------
Having had a look through your Witness Statement and finally getting to see documents requested in June but only supplied now with your Witness Statement. I suggest you invite your Client to withdraw the claim as the alleged agreement relating to the alleged debt does not comply with the requirements of CCA 1974, in that all parts of it must be easily legible. This “agreement “ is it seems, totally Illegible.
Furthermore, your Witness Statement does not appear to support the Claim and is a contradiction in itself.
Yours Sincerely
The Missus

Hope this is right. Hope it has some effect even. If they're true to form they will completely ignore it!!
Will send a letter follow up soon as you can help me out.
Much Appreciated.