CCJ from GE Money have to respond by 26 May!

[Cristal]

I defaulted on a Debenhams card late last year, before I found this site. The debt was passed to Viking, who harrassed me beyond belief. I CCA'd them late February, which Viking ignored (tho significantly they did stop calling me, so I know they rec'd the letter). Two weeks later, I wrote to Debenhams and enclosed a copy of the CCA letter to Viking. I also wrote to Viking and reminded them of the CCA and cc'd Debenhams.

Debenhams replied with a copy of my application. My signature is undated and written in huge letters diagonally across the application is the word 'declined' (obviously this decision was reversed, as I did get a credit card). There are, I think, other errors and omissions. I wrote back and said they had sent me an application form by mistake. They sent me a larger copy of the application form and explained that it was 'accepted after further consultation'. I wrote back and again explained that I still had not been supplied with a true copy of a signed agreement and that the account remained in dispute. I reminded them it was illegal to pass my details onto any third parties and enclosed a Notice of Default (the 30 days had expired re CCA).

About 3 weeks later, I rec'd a notice from Viking, stating that my account with them had been closed and returned to Debenhams/GE Money and that legal action was no commencing. I then rec'd a letter from Howard Cohen Solicitors, telling me they act for CL Finance and that a claim had been submitted to the County Court that day.

I wrote to GE Money and complained about the fact that my account was in dispute and reminded them it was unlawful to lodge a Claim at court and to have passed my details to Howard Cohen. I demanded the withdrawal of the Claim. No reply. I sent another v. stiff letter. Again, no reply.

I have told the court I intend to defend the claim and have until 26th of May to do so.

Do I contact Howard Cohen, the court, GE Money....? Should I send an Subject Access Request? To the best of my knowledge, the 'agreement' they have sent me appears to be an application form and I believe that the account was legitimately in dispute.

Any advice wil be gratefully received!!!!

Many thanks!

[sar011279]

Sounds to me like they don't have a leg to stand on, they shouldn't have passed the alledged debt on and I would report them to FOS & OFT. The absense of a signed credit agreement is in itself a complete defence. Go see them in court and watch them squirm, just make sure you take a copy of all your letters and proof of postage and a copy of the Consumer Credit Act.

[powelll]

Send of the Acknowledgement of Service that comes with the claim form to give yourself time to prepare. Remember to keep a copy of this and send recorded delivery. There also some other threads on this site about defending county court claims - read these as you need to be aware that should you lose you will be liable for the other side's costs - don't give them this opportunity!

Best of luck

[Cristal]

Thank you Subject Access Request and Powell!

I've file the acknowledgement of service but must reply to the Court by 26/5. I've read another thread (Electric Lemon's) and Laiste gives v. good advice but I think my situation is different. I'd love to get them to drop the case entirely but don't know what the best strategy is - should I contact their solicitors with all my documentation? Or send it to court? And, if I send it to court, what is the best format and how much documentation do I include?

[sar011279]

I'd send to both, CCA in LARGE print along with all correspondance. Remember alledged debt.

[Cristal]

Originally Posted by sar011279

I'd send to both, CCA in LARGE print along with all correspondance. Remember alledged debt.

Thanks, SAR011279 (the site turned you into Subject Access Request, notme!). I agree that I should send the documentation to solicitors and court but I need to find out what the correct procedure/format is. It's an etiquette minefield and I don't want to make a mistake! I'd be grateful for any advice!

Again, huge thanks for your input.....Cx

[PriorityOne]

Hi Cristal,

A lot of these situations are pursued because a creditor/DCA hopes that you won't defend. If you have received court papers, then it's vital that you respond.... none-compliance of a CCA request is a complete defence in any court claim that it issued against you.

Reading through the thread, it seems that their solicitors may not be aware of the legal implications of what they are doing. I have copy/pasted a letter which I sent to solicitors who were threatening me with similar nastiness.... I have not heard a peep since. I now have it in writing from the original credor that all legal action has been stopped.

Dear Sir/Madam,

Your Ref :
Your Client :

I refer to your letter of xx/xx/2007.

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a Consumer Credit Agreement (Consumer Credsit Act, 1974); received by xxxxxxxxxx on xx/xx/2007, followed by a letter dated xx/xx/2007 and xx/xx/2007 to remind them that the above account was in dispute. I can only assume therefore that they failed to inform you.

Should your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

Yours faithfully,



Make sure that everything is sent by recorded delivery.... and send a copy (cc) to GE Money as well.

[Cristal]

Many thanks for this excellent letter. Simple and to the point!!

Will let you know what happens next!

CX

[Cristal]

Originally Posted by PriorityOne

Hi Cristal,

A lot of these situations are pursued because a creditor/DCA hopes that you won't defend. If you have received court papers, then it's vital that you respond.... none-compliance of a CCA request is a complete defence in any court claim that it issued against you.

Reading through the thread, it seems that their solicitors may not be aware of the legal implications of what they are doing. I have copy/pasted a letter which I sent to solicitors who were threatening me with similar nastiness.... I have not heard a peep since. I now have it in writing from the original credor that all legal action has been stopped.

Dear Sir/Madam,

Your Ref :
Your Client :

I refer to your letter of xx/xx/2007.

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a Consumer Credit Agreement (Consumer Credsit Act, 1974); received by xxxxxxxxxx on xx/xx/2007, followed by a letter dated xx/xx/2007 and xx/xx/2007 to remind them that the above account was in dispute. I can only assume therefore that they failed to inform you.

Should your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

Yours faithfully,



Make sure that everything is sent by recorded delivery.... and send a copy (cc) to GE Money as well.

Just read your post more closely....am now cc-ing GE Money. I have to defend my CCJ by this Friday...should I file a defense or wait and see if hear froom the solicitors? They received my letter yesterday.

Many thanks! CX

[PriorityOne]

I don't think it's wise to wait for anyone.... I would defend on the basis of non-compliance with a CCA request, just in case they try to go for one anyway... by default.

I have yet to do this myself though.... so someone else needs to guide you from here.

[Laiste]

Hi Cristal,

I got your PM, but I've been very busy and it sometimes takes me a while to respond, sorry!

You absolutely have to file a defence to this claim and you must not wait and see what the other party does. It's irrelevant what they do, you have to follow the Court's instructions, nothing else. If you don't file one, it will be taken that you admit the particulars of claim (PoC) filed by the Claimants and they will get judgment against you. I don't mean to alarm you, but it has to be filed by 4pm this Friday, given that the 26th is Saturday.

For the purposes of ease, it would be a good idea to file the defence (def) online using MCOL. Are you familiar with it?

An application form, and certainly one that is undated and has declined written on it, is not evidence of an agreement. I am a little baffled by your posts as to who owns this debt, can you clarify this for me. Also, if you could post up their PoC, which is detailed on the 1st page of the claim pack you received that would be most helpful. Do you have details of penalty charges levied to the a/c at all?

Don't worry about this, between now and Friday we can put together your def to submit. I would also recommend not long after doing this (if you have all the info about charges) submitting a c/c for harassment, and no doubt unlawful processing of your info under the Data Protection Act 1998, for registering a default with the CRA's, which is defamation of character. How does that sound for starters?

Regards,

Laiste.

[Cristal]

Thanks so much, P1. My concern is the presentation of the defense.....I want to make sure I'm giving the correct info, i.e., not too much and not too little.

Will keep you posted!
CX

[Cristal]

This is what I posted my other thread (CCJ From GE Money):

I defaulted on a Debenhams card late last year, before I found this site. The debt was passed to Viking, who harrassed me beyond belief. I CCA'd them late February, which Viking ignored (tho significantly they did stop calling me, so I know they rec'd the letter). Two weeks later, I wrote to Debenhams and enclosed a copy of the CCA letter to Viking. I also wrote to Viking and reminded them of the CCA and cc'd Debenhams.

Debenhams replied with a copy of my application. My signature is undated and written in huge letters diagonally across the application is the word 'declined' (obviously this decision was reversed, as I did get a credit card). There are, I think, other errors and omissions. I wrote back and said they had sent me an application form by mistake. They sent me a larger copy of the application form and explained that it was 'accepted after further consultation'. I wrote back and again explained that I still had not been supplied with a true copy of a signed agreement and that the account remained in dispute. I reminded them it was illegal to pass my details onto any third parties and enclosed a Notice of Default (the 30 days had expired re CCA).

About 3 weeks later, I rec'd a notice from Viking, stating that my account with them had been closed and returned to Debenhams/GE Money and that legal action was no commencing. I then rec'd a letter from Howard Cohen Solicitors, telling me they act for CL Finance and that a claim had been submitted to the County Court that day.

I wrote to GE Money and complained about the fact that my account was in dispute and reminded them it was unlawful to lodge a Claim at court and to have passed my details to Howard Cohen. I demanded the withdrawal of the Claim. No reply. I sent another v. stiff letter. Again, no reply.

I have told the court I intend to defend the claim and have until 25th of May to do so.

To the best of my knowledge, the 'agreement' they have sent me appears to be an application form and I believe that the account was legitimately in dispute.

I sent a v stiff letter to the solicitors and GE Money, compliments of PriorityOne:
"Dear Sir/Madam,

Your Ref :
Your Client :

I refer to your letter of xx/xx/2007.

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a Consumer Credit Agreement (Consumer Credsit Act, 1974); received by xxxxxxxxxx on xx/xx/2007, followed by a letter dated xx/xx/2007 and xx/xx/2007 to remind them that the above account was in dispute. I can only assume therefore that they failed to inform you.

Should your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

Yours faithfully, "

I feel I need to file a defence anyway, in case GE Money and theirSolicitors fail to cancel the claim. I need help in the presentation....obviously , I should state that they have failed to comply with the CCA request but should I supply copies of all oof my letters, their letters and the so-called 'agreement'? Do I need to point out the shortcomings in the so-called agreement? I don't want to supply to muchh or too little....

Any advice will be gratefully received!!!!

Many thanks!

[Cristal]

Originally Posted by Laiste

Hi Cristal,

I got your PM, but I've been very busy and it sometimes takes me a while to respond, sorry!

You absolutely have to file a defence to this claim and you must not wait and see what the other party does. It's irrelevant what they do, you have to follow the Court's instructions, nothing else. If you don't file one, it will be taken that you admit the particulars of claim (PoC) filed by the Claimants and they will get judgment against you. I don't mean to alarm you, but it has to be filed by 4pm this Friday, given that the 26th is Saturday.

For the purposes of ease, it would be a good idea to file the defence (def) online using MCOL. Are you familiar with it?

An application form, and certainly one that is undated and has declined written on it, is not evidence of an agreement. I am a little baffled by your posts as to who owns this debt, can you clarify this for me. Also, if you could post up their PoC, which is detailed on the 1st page of the claim pack you received that would be most helpful. Do you have details of penalty charges levied to the a/c at all?

Don't worry about this, between now and Friday we can put together your def to submit. I would also recommend not long after doing this (if you have all the info about charges) submitting a c/c for harassment, and no doubt unlawful processing of your info under the Data Protection Act 1998, for registering a default with the CRA's, which is defamation of character. How does that sound for starters?

Regards,

Laiste.

Thanks and so great to hear from you! As you were posting this, I was starting a new thread in the legal section 'Need help defending a CCJ'....
Should I post a reply to you here? Or move it over to the new thread?

I'm not familiar with MCOL but have spoken to the court and they will accept a fax up to 4 PM on Friday. As to who owns the debt....Viking sent me a notice that my file was being returned to GE Capital, I then rec'd a Notice of Assignment from Howard Cohen & Co Solicitors but in the court claim, they seem to be representing 'CL Finance' (presumably somethiing to do with GE Money?). Even tho I CCA'd Viking in Feb, interest is accruing on the account.

I'll post the POC in a minute.

Enormous thanks!
CX

[Cristal]

Laiste -

Here are the POC:

"The Claimant's claim is for the sum of £XXXX.XX being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and GE Capital Bank Ltd under reference XXXXXXXXX and assigned to the Claimant on the XX of April 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 Defendant pursuant to Section 87(l) of the CCA 1974.

Pursuant to clause 7 of the agreement, the Claimant also claims contractual interest at a rate of 26.478% per annum from the date of these proceedings to the date of judgment, or sooner payment, accruing at a daily rate of £6.74"

The heading on the application/agreement that I was sent says:

'Thank you for taking the time to apply for an Account Card'. Under that: 'Only complete this application if you can answer yes to the 3 statements below.' Then, under that and centered: 'Credit Agreement Regulated by the CCA 1974'.

Then, as I said before, it has my name, address, phone number and my Mother's maiden name. My signature is undated and the GE Capitol signature is dated . There is no credit limit. Best of all, handwritten in large letters diagonally across the application form is the word 'DECLINED' (obviously, that decision was reversed but not on a new form!).

I could PM you the last three letters I wrote to GE Capital if you want.

Again, huge thanks for your time! Cx

[file_wizzard]

Why is the debt in dispute?, by the looks of your post you admit the account was applied for by yourself, you suffered payment difficulties and the creditor defaulted the agreement.

have you subsequently offered a re-payment plan, or formally disputed the amount owed (if you believe it contains unlawful charges) ?