GE Money / Debenhams have filed for CCJ - need help with defence

[yaffsimone1]

I have been in dispute with GE Money over a Debenhams account.

 

I put my CCA request in on the 16 April 2007 they responded on the 23rd April (quickest response ever!!!!)

 

I believe the agreement is improperly executed, as it does not contain the creditors signature, has the wrong account number on the top, does not have the credit limit and also states it is an application form as well as an agreement, it contains all my application details (i understand this may not make it improperly executed but there is a clause in the act that may make it be, will come back to that later).

 

They have in all correspondance refered to the document as an application form.

 

I queried the fact with GE Money / Debenhams that they have put the wrong account number on the top, they informed me this is not wrong it was the original card number, apprantly i reported the card lost or stolen so they issued a new card, thats why the card details i have now are different. This is when i asked them why had they not complied with section 85 of the act, they infomed me they dont need to issue a copy of the agreement when issuing a replacement card!

 

They have not issued a default notice and whilst the account was / is in dispute i was being pursued by Viking Collection Services who had been informed of the dispute.

 

There was unlawful charges but they have refunded these.

 

They have been filing erroneous data with the CRA's

 

In the latest letter GE Money have started refering to the account as a TOP SHOP account. I have never had a TOPSHOP account, it is Debenhams i am disputing.

 

I have not put in a SAR as yet, but now the claim form has come i shall do so, however, i want to make sure the SAR is sent and signed for before i send off the defence. The sols are Howard Cohen & Co do i SAR them or GE Money?

 

The issue date is 23 July, so i have 28 days to either file an acknowledgement and file defence within 28 days or file a defence.

 

I will send off the acknowledgement and prepare my defence.

 

This is where i need your help....

 

The agreement is below and letters from GE are below

 

http://img29.picoodle.com/img/img29/9/7/24/f_CAGagreemenm_a312f4d.jpg

 

http://img29.picoodle.com/img/img29/9/7/24/f_GEletter1m_708a989.jpg

 

http://img35.picoodle.com/img/img35/9/7/24/f_GEletter1ofm_b6ee653.jpg

 

Remainder of above letter below

 

http://img38.picoodle.com/img/img38/9/7/24/f_GEletter2ofm_f3a14fa.jpg

[yaffsimone1]

Another thing i have just noticed. The claim form said the Claimant is CL Finance. I have never ever had any dealing with CL only with GE Money...surely the claimant should be GE Money....surely this is also a dispute this on the ground of never having any correspondance from CL and dont know who the hell they are!

[Goldlady]

Hi yaffsimone - my OH has received a summons from CL Finance - unfortunately we only have until Friday to submit our defence - my thread is at http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/101147-help-summons-received-dca.html

GE assigned the debt to CL Finance in December and if you look at my thread you will see that the summons arrived out of the blue when we were in the middle of negotiating a temporary reduced payment with the aid of the CAB.

 

A few people have looked at my 'application form' which was received in response to CCA letter we sent day after summons landed and consensus seems to be that it is a valid CCA.

 

I suspect CL Finance are being a bit trigger happy and hope someone can help both of us.

[yaffsimone1]

Hi yaffsimone - my OH has received a summons from CL Finance - unfortunately we only have until Friday to submit our defence - my thread is at http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/101147-help-summons-received-dca.html

GE assigned the debt to CL Finance in December and if you look at my thread you will see that the summons arrived out of the blue when we were in the middle of negotiating a temporary reduced payment with the aid of the CAB.

 

A few people have looked at my 'application form' which was received in response to CCA letter we sent day after summons landed and consensus seems to be that it is a valid CCA.

 

I suspect CL Finance are being a bit trigger happy and hope someone can help both of us.

 

 

I will have a look....this claim has also appeared out of the blue...one minute GE are looking into my complaint the next this claim...they never even told me they had assigned it to CL.

 

On the face of my application / agreement some may say it is valid but my main argument at the moment is failure to resend the agreement when issuing a replacement card.

 

It is not a case of getting a claim and accepting it, i believe now in challenging everything the sols and creditors say...what have we got to lose

[yaffsimone1]

Should i now CCA CL?

 

What about the SAR?

[Goldlady]

CL Finance are a subsidiary of Cattles and Lewis Debt Recovery by the way - I was just checking if they are part of GE and seems not, but there are lots of other companies in the group whose names I recognise.

[Goldlady]

I CCA'd CL on 27 June and got the copy 'application form' on 18 July. Would think you need to SAR them also (I have not done this - probably should have) but hopefully someone with a bit more knowledge can advise.

[yaffsimone1]

It seems from the claim form GE assigned it to the claimant CL on the 18th July, so in those 5 days CL have not bothered to contact me they have just gone straight in with the claim.

 

It may be worth CCA'ing CL and asking them for the Deed of Assignment.

 

I have just sent off the AOS online

[Goldlady]

OH and I were wondering if it would help in defence if it can be proved that CL Finance are just chucking summonses out to people regardless of situation. Or if they are and people do come up with a reasonable defence they will just forget it (she said hopefully!). After all they have assets of £3million so can afford to lose a few court fees.

[yaffsimone1]

These are the particulars of the claim:-

 

The Claimant's claim is for the sum of £452.02 being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and GE Capitak Bank Ltd under ref *****9029 and assigned to the claimant on the 18th July 2007, notice of which has been given to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87(1) of the consumer credit act 1974

 

Pursuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 26.47% per annum from the date of these proceedings to the date of judgement, or sooner payment, accruing at a daily rate of £0.38

 

 

They have not informed me they assigned it to CL, they did not issue a default notice, i cant agree to clause 7 of the agreement with regards to contractual interest as i have not seen clause 7. (unless i am being really blind and it is on the 'agreement' somewhere)

[yaffsimone1]

I CCA'd CL on 27 June and got the copy 'application form' on 18 July. Would think you need to S.A.R - (Subject Access Request) them also (I have not done this - probably should have) but hopefully someone with a bit more knowledge can advise.

 

Yes i think i will SAR CL at least that will show me when GE Money assigned it to them and when they informed me...that is of course if they followed the correct procedure!!!

 

the good thing about an SAR is they cannot pursue the claim until they have complied and it shows all activity, so should show if they have been telling porkies!

[Goldlady]

First two paragraphs identical to ours but no claim for interest. You are quite right there is no clause 7 on your application form.

 

These people are seriously abusing their power and the legal system and I think someone needs to take them to task. I wonder how many other people have had summonses from them in the last few weeks and whether gathering that information would help all of us.

[yaffsimone1]

Going to make things messy for CL....watch this space!

[Goldlady]

Go for it! Will keep you posted on our case.

[angel49]

hi yaffsimone and goldlady

I had a claim form from cl finance and with the help of Laiste have just filed a defence. Mine is for a card with dorothy perkins.CCA produced application/agreement

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/88250-deed-assignment-query-cl.html

[yaffsimone1]

hi yaffsimone and goldlady

I had a claim form from cl finance and with the help of Laiste have just filed a defence. Mine is for a card with dorothy perkins.CCA produced application/agreement

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/88250-deed-assignment-query-cl.html

 

 

Thats a good defence...she does it again!

 

Before i send the defence i will post it up here it seems CL are time wasters. Did you SAR CL or did Laiste advise you otherwise?

[angel49]

I had SAR and was about to send request for refund when letter from cl finance landed. I then sent CCA request to clf. My request for refund is on hold at the moment.

I PM'd Laiste for help with the defence.She's just brilliant.

[yaffsimone1]

I had S.A.R - (Subject Access Request) and was about to send request for refund when letter from cl finance landed. I then sent CCA request to clf. My request for refund is on hold at the moment.

I PM'd Laiste for help with the defence.She's just brilliant.

 

 

Laiste i very good, she might be hearing from me yet!

[Goldlady]

This is excellent news as i have to prepare defence by Friday. I remain convinced that CL are firing out summonses with no justification in the hope that scared people will just pay up. I am a little less afraid now.

[yaffsimone1]

One of the points that will be going in the defence is an application to have their claim struck out as an abuse of process based on the OC's non compliance & the failure to notify me of assignment

[Goldlady]

Have just found out that not sending LBA is breach of CPR - civil procedure rules - in addition to everything else

[kingdom]

Just been to court last Thursday,GE Money passed it CL Finance debenhams Card same situation as yours. We won that battle!!!

 

Cl Finance didn't turn up, didn't send any paperwork in, Judge struck it out said they had wasted the courts time.

 

Go after GE money now!!! dont wait till you've dealt with CL Finance, go after your money back now, as CL Finance does not owe you the money GE Money does.

 

CL Finance are only the signee, just wasting your time, also make sure you turn up to court, as they will not, and get their claim stuck out,

they are hoping you will not turn up to court, and get the money they have claimed on default. Crafty swine's they are the pits.

 

Go after GE Money now don't wait.

 

Regards

 

Kingdom

[Goldlady]

Thanks Kingdom, you have given us more strength - if we can help in return you only need to ask

[kingdom]

Hi Goldlady

 

I see you are from Tyneside, I come from Newcastle, Heaton the posh end, nice to talk to you bonnie lass.

 

Kingdom

[NitrousOxide]

Just been to court last Thursday,GE Money passed it CL Finance debenhams Card same situation as yours. We won that battle!!!

 

Cl Finance didn't turn up, didn't send any paperwork in, Judge struck it out said they had wasted the courts time.

 

Go after GE money now!!! dont wait till you've dealt with CL Finance, go after your money back now, as CL Finance does not owe you the money GE Money does.

 

CL Finance are only the signee, just wasting your time, also make sure you turn up to court, as they will not, and get their claim stuck out,

they are hoping you will not turn up to court, and get the money they have claimed on default. Crafty swine's they are the pits.

 

Go after GE Money now don't wait.

 

Regards

 

Kingdom

Wasted costs order perhaps