Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I need some help, and have been told this is the place to go!!
I have received a claim form from CL finance regarding my Burtons Store Card
I am yet to send the CCA request as i am sure all the have is the application form that i signed at the cash desk some 5-6yrs ago
I need some advice as to what to do now, i have linked a copy of the claim form to this post.
I did have an arrangement with Burton GE Money to pay this off and have been in touch constantly regarding my situation
I was £10 outstanding on my monthly arrangement, now they want everything , and it has been passed to CL finance apparently since Dec 08.
Obviously there isnt going to be enough time to get a reply from GE Money in relation to a cca request which is being sent Tuesday.
I will send in my AoS extending the time with the intention of defending all of the claim.
I'm sure there are charges on this card which i can also look into.
I hope someone has an idea as to what kind of defence I can submit, and the next course of action for me
With your AoS send a not to the court and to the claimant pointing out that the claim refers to a written agreement but a copy of the agreement was not attached to the claim form as required by CPR Practice Direction 16 paragraph 7.3. Ask them to send one forthwith.
Send a CCA request under s78(1) as well - you shoulkd ask for a coy of the executed agreement and statement of account.
When it comes to your defence - you can say that the claim is not sufficiently particularised as
1. there is no copy of the agreement and threrfore no evidence that you owe them anything or that they have made the claim against the right person
2. without prejudice to that, there is no statement of account so there is no evidence that the claim amount is correct
(assuming they don't send an agreement). We wil help you with the defence - it is a standard "embarassed" defence you need.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
I'm away as from today. If no-one comes, click the red triangle
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Response received stating that they have received my defence, queried this with the court, who state that any correspondence other than AoS is accepted as a defence.
Advised them it is not my full defence, and was meant as AoS only.
Will have to wait and see whaty happens.
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
GE Money - CL Finance CLAIM FORM RECVD
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