Court paperwork received re Santander

[liandconsmum]

Just posting here for this, as I was posting on my UE thread which was causing confusion.

We received the court paperwork, however, while I've bombarded poor Paul with a number of questions, after re-reading the court info section, I do have a few other questions.

- We have not yet responded to the paperwork, although we need to do so soon. We would like to have more time to coordinate whether or not we have a decent defence. If we click that we'd like more time and are planning on defending the claim, are we then committed to defending?

- Do we need to request the CPR31-18 ? It's been mentioned that the CCA does not technically contain all the terms and conditions needed. And there are some issues with the default notices. I wouldn't know a termination notice if it bit me - haven't seen any paperwork with that, but it's the creditor themselves involved in the court case, so does that not apply? (sorry, slight confusion on that one - wasn't sure if that was only if DCA involved)

A few other questions, but they are specifically related to the I&E thing, which I'd prefer not to post in open/searchable areas if possible.

We are mulling over defending, but have been told it can be difficult to get it done correctly. Another point is that DH is clinically depressed right now, on meds, and in a bit of a fragile place right now - there's no way he could cope with an appearance in court, and it's his name on the account.

Anyway, posted in here as I didn't want to confuse the issues in the UE section.

Thanks.

[cymruambyth]

Re: Court paperwork received re Santander

Hi the important thing is to make sure that you acknowledge service within the time frame so that is you you want to defend then they cannot get a judgement by default (though some do try!).

Without have checked your other thread or seeing the POC you usually sent the CPR 31.14 to request any documents mentioned in the POC. I believe it is the 31.18 the POC is vague and you want to find out if they have the documents.

I believe you can change your plea at any point.

Re court, it depends which track and the DJ. The DJ let me represent my OH and I won (Unfortunately A different DJ and my own case and I lost!!!)

We are all awaiting the result of the Brandon appeal which may help with DN questions.

Hopefully I am right with my answer, if not I'm sorry and I'm sure Paul and Niddy will give the right answers.

[Never-In-Doubt]

Re: Court paperwork received re Santander

Was Paul helping with this....?

ie 3 default notices from one account

or not the same account?

[liandconsmum]

Re: Court paperwork received re Santander

It is the same account, yes. But as I said, I don't feel comfortable bombarding Paul's email, and I know he has access here. Plus it's a bit sticky, and I'm a bit unsure what to do at this point. I don't want to put Paul in a uncomfortable position as far as his work is concerned.

He is aware of the details of the account, as are you (Niddy) for the most part. I'm worried that we're going a bit in circles trying to figure out the best course of action, due to some conflicting information and obviously some basic lack of knowledge about the court system on my part.

That's why I posted here. Plus it means I don't have to stray off topic on the UE threads.

This is where I'm sitting right now:

The 3 DNs have incorrect information (the amounts) on them, and apparently the CCA doesn't include the complete terms and conditions. However, it is not enough to make them withdraw, and it only means they can then fix it (?), which I assume means reissue the DN in proper form and produce a correct CCA. I'm unclear of the whole procedure of all this, though. And I have no idea how to present a defence (to turn in to the court) regarding these things.

We haven't responded yet. The paperwork date is 4 July, and it states we must respond by 14 days after date of service, which is supposed to be 5 days after paperwork date. So 14 days from 9 July, correct? Which puts us at responding (online) by 22 July (as 23 July is a Saturday), correct? I was planning on acknowledging receipt to defend, which says it gives you more time to put together defence, but was waiting until closer to the deadline date to do so.

[Never-In-Doubt]

Re: Court paperwork received re Santander

It is the same account, yes. But as I said, I don't feel comfortable bombarding Paul's email, and I know he has access here. Plus it's a bit sticky, and I'm a bit unsure what to do at this point. I don't want to put Paul in a uncomfortable position as far as his work is concerned.

He is aware of the details of the account, as are you (Niddy) for the most part. I'm worried that we're going a bit in circles trying to figure out the best course of action, due to some conflicting information and obviously some basic lack of knowledge about the court system on my part.

That's why I posted here. Plus it means I don't have to stray off topic on the UE threads.

I strongly urge you to contact Paul, he is our preferred legal resource here and so you should contact him for advice. The thing is, if it is worth fighting and he has time he will fight it for you (depending on other circs, obviously). However you need to call him - I'll PM you the details and make sure you ring and explain everything....

[liandconsmum]

Re: Court paperwork received re Santander

I got the info Niddy. I tried the number, but it just gives a weird tone. The other number goes through, but it's a fax line and nobody but the fax machine picks up.

[Never-In-Doubt]

Re: Court paperwork received re Santander

I got the info Niddy. I tried the number, but it just gives a weird tone. The other number goes through, but it's a fax line and nobody but the fax machine picks up.

see your pm's

[liandconsmum]

Re: Court paperwork received re Santander

Niddy - I managed to talk to him. All sorted for now, and working on things. Thank you so much!

[Never-In-Doubt]

Re: Court paperwork received re Santander

Niddy - I managed to talk to him. All sorted for now, and working on things. Thank you so much!

Good!! Due to confidentiality Paul couldnt say anything to me other than he'd get in touch. Obviously if you're happy for him to keep me updated you need to tell him and give the aye ok

Otherwise I can't really get too involved as Paul works under instruction and that's between you two - not me

He's good - he won't give anything away so you can feel safe in the knowledge your info is secure. He told me diddly squat - but I never asked him to as I know his position! Failing that send a pm with a mini update to keep me in the loop

[Pixie]

Re: Court paperwork received re Santander

Good luck with this.

Santander issued court papers against me a few months ago. I had a dodgy DN so while I was thinking things over I said that I wanted to defend the claim.

In the end, I decided it was just one technicality and not worth fighting over ( I rent and wasn't earning very much). They got judgement against me - £1 a month

[Wishfull]

Re: Court paperwork received re Santander

Good luck with this.

They got judgement against me - £1 a month

ha love it

[liandconsmum]

Re: Court paperwork received re Santander

Niddy - I have a couple questions regarding filling out the forms, however, I would prefer not to have it in a searchable area as it would rather out our identity if trawled over. Where is best to ask please?