kingdom v GE Money

[kingdom]

Got statements from GE Money just about to send prim got a letter from Howard Cohen telling me the dept has been assigned to CL Finance & Co.

Do I continue to deal with GE Money direct?

Are Cohan allowed to add extra charges?

Are GE Money allowed to tansfer debt that is already in dispute?

HC 's letter said a claim has today been submitted to the County Court for issue. Are they trying to gain the initiative, how is it best to proceed?

Please Help

[damo1312]

Hi Kingdom..

First things first...

don't panic... they're wrong and they know it...

To help me work out what to suggest, have got a few questions:

1) Am I reading your PM that you sent to me correctly (in that they are claiming less from you than you have claimed from them in charges)?

2) Have you written to GE at all prior to this (i.e., in a nutshell, what do they know)?

Also, don't forget that they have completely capitulated in my case.. it's just a question of working out whch bits of my case apply to yours, and using other things against them for the rest...

which hopefully we can sort out....

[kingdom]

Thanks for your reply damo1312 it is really appreciated.

Yes the claim is for more than theirs.

I sent my prim claim to GE on the same day as receiving the letter from HC about CL so when I received the Court papers the next day I was shocked to receive them without any communication from CL. Finance.

I thought they had to give me some warning or even say hello we are taking you to task!

I have seen by royal mails track & trace that GE Money received my prim letter and spreadsheet today.

Now which is the best way forward?

[damo1312]

np, is all fine (glad to help, and will be nice to screw them over again to be honest (their fault, they should play by the rules!!)

Have you had a chance to read your PM yet?

Once you have safely sent off the Acknowledgment of Service, I'd be tempted in the first instance to:

Write to Howard Cohen...

(are your Court papers from Northampton? and does the Assignment letter mention about H Cohen, rather than CL Finance, being the contact, as it did with me?)

enclose a copy of the prelim that you sent to GE Money, and inform Howard Cohen that you are claiming back more than they are claiming, and tell them that

1) because of this, their Claim is spurious and it would be in their best interests to drop it..

2) you shall expect a response within, say 10-14 days (as even if they prevaricate then, you'll still have several days for us to compile a Defence, providing you've remembered to send off the Acknowledgment of Service, that is.. )...

3) Additionally, you could do a CCA Request (costing £1) on them, to further put the willies up them (I have a template you could use if you wanted to do this)

we can also look at other options in the meantime, of course...

This by itself could possibly stop them in their tracks and get them to drop the Claim...

it's all about making their life hard, so that they give up...

and scaring them a bit (or a lot, in my case.. )

[kingdom]

Thanks damo that gives me plenty to sleep on.

I did send a cca request to ge money which i got a copy of i.e the claim for mis-sold PPI

A very ambiguous document took no employment details on the application form and was not filled in correctly, couldn't be viewed as a legal document, how could they say subject to eligibilty if they have no details on you.

Will get back to you many thanks

[kingdom]

Got a email from HC that saying Ge Money had credited my account with unlawful charges but not the interest said I had signed that I would pay that, what the interest on unlawful charges. Cheek

They then deducts this from the amount they have taken me to court for, then they add the solicitors fee and court costs to the balance then tell me that that now is the balance outstanding.

This was in dispute before they took me to court why should I now pay these extra fees, will I beable to claim them in my defence, I will be claiming mis-sold ppi and interest on the unlawful charges, they took me to court after the dispute started, and assigned the debt to CL Finance.

[kingdom]

Has anyone used Moneyclaim to put a defence and counterclaim in.

Deadline is almost up, advice needed urgent.

Thanks in advance

[reidnet]

Dont know if you are aware but GE Capital Bank.. which is now part of GE Money were fined £610,000.00 by the FSA for breach of FSA's principles for business relating to Mis Selling of Insurance , Including PPI.

FSA fines GE Capital Bank

Ian