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I owed almost £8000, the interest alone was crippling.
I did a CCA request to GE and they came back with the Original Storecard Appliction, it was a bit fuzzy and undated, but signed. My initial response was, they've got me!
It then got passed to CL Finance and then Howard Cohen Solicitors issued a claim to Northampton Courts.
I noticed on the POC that they referred to an agreement between myself & GE money under a Credit Card Reference number and not the Storecard Number on the Application.
Also in the POC they refer to a "Clause 7", and their entitlement to add interest at 24.7%. No such clause exists in the Storecard T&C's.
I filed my defence on these grounds.
I sent a CPR 31.14 to HC. I requested a copy of the agreement they refer to in their claim.
They failed to comply with my request, but continued with their claim. It's now transferred to my local court.
HC then send the same Storecard Application and offer me the oppportunity to withdraw my defence.
I submitted my aq, along with a Draft Order for Directions. Last week I sent HC a letter, pointing out the difference between a Storecard & a Credit Card and that the T&C's differ.
Today I recieved confirmation From HC, they have discontinued their claim.:grin::grin::grin:
My conclusion.... A storecard applictation, cannot be used to enforce a credit card conversion.
Marks & Spencer also did the same, they also converted Storecards.
Everything I have done has been drawn from this site.
What I have done is long and complicated but worth it. If anyone has specific questions that they need answers to please post here. I'll do my best to help, based on my experience with GE, CL Finance and Howard Cohen.
interesting, I never thought of that angle when clueless took me to court to for a debenhams store card opened around the same time, I think its time I had another look, even though they withdrew for other reasons, I still owe them a vastly reduced amount that if what is true in your post can be even more vastly reduced
PGH7447
Getting There Slowly
---------
Advice is given freely but is in no way meant to be taken as Gospel
If they converted your storecard to a credit card without you signing a new agreement, your indebtedness is reduced to zero.
GE's failure to follow protocol, laid down by the Law has rendered these "Converted" accounts unenforceable.
Hi
I have something similar with GE/CL/Lewis however I did not convert my storecard to a credit card but the Account Number on the application/CCA differs from the account number on my statements and card.t
They claimed I lost the first Account number card and they had to replace it (Not to my knowledge) I have informed CL Finance of all this but they are not having any excuses they said.
I have pointed out to them how can they chase money with a different CCA/Account Number they reply watch and see basically......
Starting to get a bit worried now.
Now awaiting Santander getting back to me.
Cheers
AFW
They need to come up with a CCA with this account number. As this is the reference they will refer to if they attempt to make a claim.
Have you done a CCA request?
Debs.
We did a CCA request and when it came they had added a Agreement Number by hand and it only matched with the first 10 numbers then it had 3completely different numbers at the end and 3 missing numbers to the loan agreement they have been demanding payment for.
Since pointing this out to them I haven't heard anything from them (I shouldn't speak too soon, watch this space I shall get a letter sometime this week).
Will keep you all posted.
Cheers
AFW
If or when they try to make a claim in court, they will refer to your agreement under reference number xxxxxxx. In order to enforce there claim they will have to produce this document. Any agreement/document with a different ref no. will not be accepted.
Good Luck
Debs
If or when they try to make a claim in court, they will refer to your agreement under reference number xxxxxxx. In order to enforce there claim they will have to produce this document. Any agreement/document with a different ref no. will not be accepted.
Good Luck
Debs
Hi debs
THanks for that info still awaiting a reply from GE/Santander & CL Finance regarding these two different numbers.
I wonder if you can help me with charges I have been claiming back from the GE Capital Bank Limited (GE/Santander) we have received a reply stating no they wont refund full amount but a very small propotion £21.00 and £48.00 to be exact (claimed £327.00 & £386.00)
Santander also say (GE Capital Bank Limited) were not under fos jurisdiction when these cards were taking out in 2003 & 2004.
Can anybody tell me when GE Capital Bank Limited was under FOS jurisdiction????????.
On 1 December 2001 a new regime for the resolution of disputes in the financial services sector came
into effect, under the auspices of the FOS. The FOS is funded in part by fees levied on firms who
conduct business that is subject to its dispute resolution scheme. Firms pay these fees to the FOS in
proportion to the amount of business they undertake which is subject to its jurisdiction.
PGH7447
Getting There Slowly
---------
Advice is given freely but is in no way meant to be taken as Gospel
What is the fos?
On 1 December 2001 a new regime for the resolution of disputes in the financial services sector came
into effect, under the auspices of the FOS. The FOS is funded in part by fees levied on firms who
conduct business that is subject to its dispute resolution scheme. Firms pay these fees to the FOS in
proportion to the amount of business they undertake which is subject to its jurisdiction.
Hi PGH 7447
Not quite sure what this means (sorry for being so thick).
DOES IT MEAN THAT GE CAPITAL BANK LIMITED WERE UNDER THE FOS JURISDICTION FROM 2001.
Sorry need to be so sure as there is another 5 accounts that all have charges on them (they have all be paid off a few years ago) but have been trying to get GE/Santander to part with their ill gotten gains its like trying to get blood out of a stone.
Seemingly because last charge was approximate April 2007 (cant remeber exact date) they are saying I cant go to FOS I have to take my complaint to Finance & Leasing Association Imperial House London.
Cheers
AFW
just to say thanks for your help on my thread, as you can see the claim was struck out and they have been ordered to pay my costs. Don't know how much to claim yet but hope to bleed them dry before CL Finance go down the pan with Welcome.
just to say thanks for your help on my thread, as you can see the claim was struck out and they have been ordered to pay my costs. Don't know how much to claim yet but hope to bleed them dry before CL Finance go down the pan with Welcome.
Howard Cohen/GE Money discontinue claim
alone was crippling.
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Originally Posted by debbbbsy
