Court claims form - Santander / Howard Cohen loan

patters78

Hi everyone

Many thanks for any help anyone can give me

10 plus days ago i received letter's from howard cohen asking for contact on a loan if not they would file a courts clams, which today i have got the letter for

I was going to send a CCA request but due to family issues never got around to it (yes i know that should not of happened)

So basic question is now i have received court claims form can i still fire off the CCA and in turn will that halt the claims form?
Can i still make an offer if they provide the right paper etc or is it too late?

also regarding the debt i know for fact its SB in December this year but it don't show on my credit file at all? well on noddle anyway? how can that be?

patters78

also given my situation can someone provide me with a good CCA letter template to send pls if its possible to still send one

fermi

You need to acknowledge the claim on-line saying you wish to defend. That gives you 28 days rather than 14 to sort out what you want to do.

Does not mean you have to defend. You can change your mind, but it stops they going for a CCJ by default after 14 days and gives you time to get things together.

You can send a CCA yes, but that will not necessarily stop the court action, though it can help with defending, so do it ASAP regardless.

Also may want to send a part 31 CPR request.

See ---> Basic first Steps to take on receipt of a Consumer Credit Court Claim

patters78

ok thank you i will follow that guide

what happens if the 28 days goes by without contact from the CCA OR CPR?

fermi

You may need to make an application to the court to extend time, order disclosure of documents, decide to defend or admit the claim etc. Following the link is just the start; you need to post and ask as things progress.

KLou

Patters78 - As far as I'm aware, the fact that creditors have pursued legal action within 6 years to recover the debt means it is not and will not be statute barred at any point.

Statute barred isn't just concerning your payment towards the debt, or the age of the debt - it also concerns the creditor's attempts at debt recovery.

Just because you haven't made a payment for a long time doesn't mean the debt will go away after 6 years (otherwise everyone would do this!).

Statute barred is where people have 'fallen through the cracks', and there has been no mention of the debt from debtor or creditor for over 6 years e.g. if your details had been lost or the company closed down etc.

I just don't want you relying on a debt becoming 'statute barred' when it can't - and if you ignore the CCJ creditors could pursue further action e.g. attachment of earnings.

If you owe the money I would speak to a qualified debt advisor for help - you should be able to propose an affordable monthly payment.

fermi

KLou wrote: »

Patters78 - As far as I'm aware, the fact that creditors have pursued legal action within 6 years to recover the debt means it is not and will not be statute barred at any point.

Statute barred isn't just concerning your payment towards the debt, or the age of the debt - it also concerns the creditor's attempts at debt recovery.

It has nothing at all to do with the creditor's attempt at recovery.

Only things that result in a fresh accrual of the cause of action and the restarting of the 6 years are:

- Part payment by the debtor or their agent.

- Acknowledgement in writing of the debt by the debtor or their agent.

Anyway, that is by the by, as patters78 said in their first post that they know it would not have been statute barred until December this year. They are therefore not relying on that defence.