HELP GE Money CCJ Pending...!!!

[damo1312]

Aardvark...

 

 

many thanks, I'll give that a try... anything is worth a go right now!

 

Am hoping to put my defence on Moneyclaim tomorrow if poss....

[alanfromderby]

In which case, I would include in your defence that you have asked for documents under the CCA requests, as you dispute that they have legal title to this debt. That, if they do have legal title, then you dispute the amount of the debt due to unlawful charges added to the account.

 

I would then apply to the court for a stay, to allow you to complete a DSAR against both CL and GE, afterwhich you may have to issue a counterclaim against the Claimant, and against GE.

[damo1312]

Many thanks alanfromderby..

 

just a quickie.. ;-)

 

I have all statements for the Account (back to 1995... I know, I know... slightly sad ;-)

 

I also have confirmation that the new people have not added anything to GE Money's original debt... (other than the attempt to add Court Fees, Costs, etc...); in this instance, are there any other reasons whereby the DSAR would be necessary? Or would it be useful to apply for one purely to give me more time?

[damo1312]

Sorry alanfromderby..

 

just noticed your reference to DSAR in your first reply to my post. I therefore indeed assume that the DSAR would appear to be unnecessary in my case then?

 

Thanks ;-)

[alanfromderby]

It is amazing what a DSAR can fetch up, and would be well worth doing anyway. If they have sold your debt, then legally GE are in a very weak position, since they would no longer have title to it....but they would still be liable to refund the charges.

 

The more information you can lay your hands on the better - and it may be that the case against you ends up becoming a stalemate, whilst GE and the DCA tie themselves in knots.

 

You could then issue an action against GE at your leisure.

[damo1312]

alanfromderby...

 

thnaks, yes the logic makes sense... and it is definitely empowering to feel like I have some control over something that I might have given into several months ago..

 

Will try and work as many of the ideas given in as possible... let evryone know how I decide to proceed when I finish the Defence tomorrow.. is already PRETTY in depth... ;-)

[aardvark the lecturer]

Good luck damo, I'd have beeen out of my depth loooong ago. You're doing fine!

[damo1312]

Thanks Aardvark...

 

 

I must admit that I wonder how I manage to stay afloat sometimes...

[damo1312]

Hi guys...

 

Here we go, this is what I have put as a Defence (Moneyclaim format says it is exactly the 122 lines allowed on their syatem... ;-)

 

Any comments much appreciated, as I can hold of sending it until tomorrow and can amend if anyone thinks that it is necessary...

 

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- Claimant's right to enforce entire debt disputed; request served with Claimant

pursuant to Consumer Credit Act 1974 77(1)+ 78(1) on 16th October for Deed of

Assignment + True Copy of Original Credit Agreement to prove ownership; request not complied with as of date of filing Defence

 

- Letter alleging Assignment of debt from GE Money to CL Finance (from Howard Cohen + Co Solicitors, dated 21/09/06) also informed me that a Claim was being issued immediately (with no Notice, and no attempt for me to lodge a dispute)

 

- Should Claimant prove to be true owner of the debt, £98.28 of claim disputed (as I contend it consists of unenforceable penalty charges

(ref:Dunlop Pneumatic Tyre Company Limited v New Garage and Motor Company Limited (1915)

" i) The sum is a penalty if it is greater than the greatest loss which could be

suffered from the breach – in other words, if it is "extravagant and unconscionable;

ii) If it agreed that a larger sum shall be payable in default of paying a smaller

sum, this is a penalty. "

also Ford Motor Co. v. Armstrong (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

Murray v. Leisureplay (2004))

and associated Compounded Contractural Interest at rate of 29.9%, as dictated by the Principle of Mutuality and Reciprocality); preliminary letter outlining this sent to Claimant 13/10/06; no reply as of date of my filing of Defence

 

- I contend that both GE Money (and CL Finance, should they prove to be the

legitimate new owners of the debt) have consistently either ignored (or else only

paid lip service) to correspondence from me outlining my Financial and Health

Situation; Letters sent to GE Money (all mentioning both this, and my other GE Money Account) on:

27/09/05 (original letter, outlining situation + CCCS Reference)

14/10/05 (letter to follow up DCA, Viking, asking why 1st letter ignored)

29/10/05 (letter to Solicitor, Eversheds, asking why both previous letters ignored)

09/11/05 (letter to GE Money, asking why all previous correpsondence ignored)

29/11/05 (letter to Viking, again as above, but with my warnings of possible legal

repurcussions for them)

29/11/05 (as 29/11/05 above, but to GE Money)

12/12/05 (letter to Viking, as with Eversheds, above)

29/12/05 (Income Expenditure Form + Situation Update to GE Money)

27/01/05 (letter to GE Money, concerning a breach they had made of our

agreement,concerning payment date)

14/09/06 (letter to GE Money concerning validity of Default Notice)

12/10/06 (Letter to Howard Cohen concerning validity of claim)

13/10/06 (CCA Request + Penalty Charges Claim to CL Finance)

 

- GE Money passed the Account on to CL Finance without due reason (as a Repayment Arrangement was in place, and GE Money have been informed whenever I have been forced to deviate from this, as recently as 14th September 2006; additionally, their prior conduct has meant that they have been operating under the threat of legal action by me)

 

- Claimants ('they', 'their' or 'them' in that which follows, unless I state explicitly to the contrary) have made no attempt (that they have proved to me) that they have in any way obtained full and complete copies of my correspondence with GE

Money regarding their activities and their effect during a protracted period of

bereavement and associated Clinical Depression (nor attempted to corroborate the

facts in any other manner), and are continuing to make unjustified claims that I

have not put forward means of payment based upon ability to pay (nor have they

attempted to ascertain my financial situation by way of, for example, fully verifiable Financial Statements);

 

- I contend that this failure to satisfy proper legal procedure appears to be in

violation of Section 40 of the Administration of Justice Act (1970); (by virtue of

leaving out information, or presenting such information in such a manner that a

false or misleading impression is given by them; both strongly appear to currently

be the case in the claimants correspondence to me, as they have not provided proof that they are in receipt of all of my correspondence to GE Money since my initial contact with them, fully explaining the situation and my appropriate offer of payment); both appear to therefore be attempting to pressurise and/or otherwise exploit me whilst being aware that I am vulnerable (or otherwise choosing to ignore information that would show this)

 

- I contend that (by virtue of their having ignored previous correspondence, and

having made false legal inferences to their abilities) that the Claimants have

appeared to violate the Malicious Communications Act (1988) (by virtue of the fact

that it is an offence to harass debtors with a view to obtaining payment, including

the issue of letters, which convey a threat or false information with intent to

cause stress or anxiety) GE Money and CL Finance have, again attempted to pressurise and/or otherwise exploit me whilst being aware that I am vulnerable (or otherwise choosing to ignore information that would show this)

 

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PHEW!!! Can I breathe now please? ;-)

[damo1312]

BTW, the forum formatting appears to have put some Smileys in.. I can assure people that they AREN'T in my Defence....

[alanfromderby]

BTW, the forum formatting appears to have put some Smileys in.. I can assure people that they AREN'T in my Defence....

 

When you post a message which inadvertantly uses a smiley code, you can stop it from appearing by ticking the "Disable smilies in text" box, which is below the box where you typed your message. If it is not showing, then expand the "Additional Options" icon.

 

I have just edited your post to resolve the problem.

[damo1312]

alanfromderby..

 

thanks for that.. I think my brain was a little fried by that point.. ;-)

 

(I meant for that one to show, btw..)

[damo1312]

BUMP... ;-)

 

Any commetns re the defence itself from anybody, or do we think it looks OK?

 

Any comments this evening would be gratefully received.. ;-)

[alanfromderby]

It looks fine.

[damo1312]

alanfromderby..

 

Thanks again, I wrote in a similar format to the manner in which I normally send letters, and hoped for thr best.. ;-)

 

Now all I have to so is wait and see if it works...

[damo1312]

Defence away...

 

(in thegrand scheme of things, still smarting that have had to do this when I shouldn't have had to if dear GE Money had acted properly... )

 

So the waiting begins....

[damo1312]

Hello evryone..

 

soz that there has been no update on this, as my Internet has been up the Swanney for some time... ;-)

 

Let's just say that things went rather swimmingly and (as a fair old bit has happened) I'll break each main bit down into a separate post to amke things clearer...

 

so here goes..

[damo1312]

Firstly, I received the following letter from CL Finance dated 31/10/06:

 

--------------------------------------------------------------------------

 

Dear damo1312,

 

Re: CL Finance Ltd -v- Yourself

Balance Outstanding £277.66

 

Please find enclosed, a copy of the documents requested by you.

 

We do not accept that we have acted in any way improperly.

 

Our client will not wirhdraw the claim. To enable your proposals for repayment to be considered, we require full income and expenditure details forwarding by return post.

 

Yours Sincerely

 

(Computer generated scrawl)

 

Howard Cohen & Co.

 

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so, have the original Credit Agreement (surprising, as the Account was opened in 1995...;-) and a very dodgy lookng Deed of Assignment.

Also notice the amount they state was owing....

[damo1312]

I of course (not having heard from the Court, only CL Finance) wasn't sure whether Howard Cohen were replying to my Defence, or to my first letter, so, on 2nd November, I sent them the following...

 

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Ref: Howard Cohen drivel, Letter dated 31/10/06 (Concerning County Court Claim

* ** *****, CL Finance v damo1312)

 

Dear Sir / Madam,

 

I write with reference to the above correspondence from you.

Please confirm as to whether or not this correspondence is solely in reply to my initial letter to you (dated 12/10/06), or else whether it is a response to my Defence to the above Claim (as submitted via Money Claim Online, at 14:32 on 27/10/06).

Please be aware that I shall enter into no further correspondence without this information (unless so ordered by the Court).

Additionally, I shall take refusal to provide this information as being both intimidatory and prejudicial to my Defence (and shall inform the Court accordingly).

 

I eagerly await your reply.

 

Yours Faithfully

 

 

 

damo1312

 

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Just to keep them on their toes... ;-)

[damo1312]

I then received the following from Howard Cohen, dated 7th November..

NOTE THE BALANCE THAT THEY NOW STATE IS OWING.. ;-)

--------------------------------------------------------------------------

 

Dear damo1312 (actually, was my real name here spelt incorrectly, morons..)

 

Re: CL Finance Limited - Balance £102.87

 

Dullville Case Number ********

 

We refer to your recent communication with this office and confirm your offer of payment is acceptable. We will agree to hold further action whilst you repay the sum due at the rate of £1.00 every month. This is accepted as a MINIMUM instalment.

 

We enclose herewith payment slips. Details of how to pay are given on the reverse of each slip.

 

Your first payment MUST arrive before 17th November, 2006. Therafter the minimum instalment amount must be paid regularly. You should increase that payment whenever possible but, at least, the minimum instalment amount is required on each due date.

 

Failure to maintain regular payments will leave us with no optin but to apply to the Court for Judgment to be entered against you.

 

If you wish to this discuss this matter please telephone **** *** ****

 

Yours Faithfully

 

(Monkey Paw Print)

 

Howard Cohen & Co

 

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So...

Pluses:

1) BIG ONE: They have amended the amount to the CORRECT amount owing, and have therefore implicitly accepted the refunding of GE Money's naughty charges, plus Interest.. ;-)

2) They have accepted an instalment that I have said that I can afford..

Cons:

1) They had moved the payment date to one that I could not achieve, despite being told of when I could pay them in my previous letter to them... (and believe me, even £1 is nigh on impossible to find at the wrong time of the month for me at the moment....)

2) They had sent payment slips, despite being told that I was nowhere near any facilities and would only pay via Standing Order or the Internet...

3) They were still trying to apply pressure...

SO.....

[damo1312]

I sent them the following on 18th November (as I had the bit between my teeth, and really wanted to make them squirm...

 

--------------------------------------------------------------------------

 

Ref:

Howard Cohen Ref (County Court Claim * ** *****, CL Finance v damo1312; Letter dated 07/11/06)

 

 

Dear Sir / Madam,

 

I write with reference to the above correspondence from you.

 

It is noted that you have amended the amount claimed to reflect the correct figure owing; additionally, it is also noted that you have accepted my payment amount of £1 per month.

 

You are, however, still acting in an intimidatory fashion, and without due recourse to my previous correspondence. In full, you:

 

• Have ignored the frequent reference throughout my correspondence to GE Money where I have stated that all payments against any agreement will be made by the 30th of each month, as no other payment date is possible due to the infrequency of which I am paid;

• Are still refusing to divulge Account Details for the purposes of my setting up a Standing Order (i.e. Account Number , Sort Code and a Reference Number allowing you to apply said payments correctly to the Account) without good reason, and knowing that I do not have ready access to a Bank (the first payment of £1, made on 17th November at NatWest Bank in Toyville, had to be made by my brother whilst visiting, who has the transport to reach said Bank, unlike myself);

• Have stated that you will accept the £1 as a minimum; such is not your choice (nor can you enforce any other amount) without the say of the Court, and you do not have powers to vary this amount under any circumstances without such a Court Judgement and, as such, the payment will remain at the rate of £1 per month in perpetuity unless I am able to increase it, or unless the Court dictates otherwise;

 

• Have demanded a payment to be made without giving anything approaching due notice as to the date you were expecting it; again you have chosen (without good reason) to ignore my previous correspondence concerning when payments can be made;

 

Additionally:

 

• I have spoken to the Court (via telephone), who stated that you should not have sent your letter dated 9th October; such was in bad faith and appeared to be an attempt to prejudice my Defence;

• You have not had the courtesy to reply to my letter dated 2nd November (and as such, would again appear to be acting in bad faith)

 

As such, I must regretfully inform you that, unless the following occur within the next 14 days:

• I am provided with suitable Account Details to allow me to make payment via Standing Order (as there is no legitimate reason for you to refuse);

• I am assured that the tone of all future communication ceases to be intimidatory, and is compiled with due deference to both my circumstances (which have been provided to GE Money ad nauseam), proper legal practice, and indeed operating fully within the bounds of English Law;

• I am assured that there will be no further attempts to add unnecessary pressure (or otherwise act in an intimidatory fashion);

 

Then I will have no alternative to consider submitting the evidence that I have gathered to a Criminal Court, showing that GE Money / CL Finance / Youreselves (either individually, bilaterally or severally, depending on who is shown to have been at fault) have acted in a manner contrary to the following Acts of Statute, with a view to obtaining Prosecution against you:

 

Section 40 of the Justice of Administration Act (1970)

The Malicious Communications Act (1988)

The Protection from Harassment Act (1997)

 

As, despite your assertion to the contrary (in your letter dated 31st October), you have (by virtue of not acting with due deference to all pertinent facts, not just those given by GE Money) acted, and continue to act, in a fashion that is intimidatory and apparently designed to further undermine my situation.

 

Should you attempt to enforce a Judgement without taking these points into account (or indeed attempting to subvert my Defence further) I shall of course apply to have the Claim struck out as spurious (or take the appropriate legal measures to have it countermanded at a legal date (as is the right of any victim of a spurious or incorrectly applied County Court Judgement when such was obtained under false pretences).

 

Additionally, as stated in my previous correspondence, I will submit a full complaint to the Law Society regarding your behaviour at the end of this 14 day period should the above not occur (as there is no legitimate reason for it not to).

 

 

I eagerly await your reply.

 

Yours Faithfully

 

 

 

damo1312

[damo1312]

and, as a final act of complete and utter capitulation (obviously aware that I had them by the unmentionables), the following dropped through my letterbox, dated 23rd November... ;-)

 

--------------------------------------------------------------------------

Dear damo1312

 

Re: CL Finance Limited -v- Yourself

Somewherenotnearby County Court Claim no: ********

 

We acknowledge receipt of your letter dated 18 November 2006, the contents of which have been noted.

 

We write to confirm that we have amended your payment date to the 30th of each month. We confirm our bank details as follows:

 

The Humble Bank of Subservience

Account Name: ***

Sort Code: **-**-**

Account Number: ********

Reference Number: ****/******

 

Further, we confirm that provided payment of £1.00 is made every month, there will be no further communications with you. However, should you default on the arrangement, we reserve the right to communicate with you in accordance with the terms and conditions of your consumer credit agreement in administering your account.

 

We trust this clarifies the position and look forward to receiving your next payment on 30th December 2006.

 

Yours sincerely

 

(Grovelling Signature)

 

Howard Cohen & Co

 

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So there we have it boys and girls.... persistence pays off, and as General Sir Anthony Cecil Hogmanay Melchett (or was it Wellington...??) used to say in an late 80's comedy centred around a certain member of a long, not-so-illustrious serpentine family.... If you want to make sure that your rights are upheld...

SHOUT, SHOUT AND SHOUT SOME MORE!!

[Guest willowb]

Good for you hun!

 

Wxxx

[damo1312]

Cheers Willow..

 

trust me, it feels GOOD.... AND justified...

 

 

btw.. if anyone wishes to use any of the letters included here, PLEASE feel free... I try my best!