Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    mahala Novitiate mahala Novitiate

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    Default Mahala v GE Capital

    I sent the DPA request on 2 May. I'm not holding out much hope of hearing anything from them. They sold the debt to Aktiv Kapital some time ago. We disputed the debt with AK 3 years ago. They wrote to GE Capital asking for information and to date have never had a reply from them!

    So, I'm going to try and claim back charges from GE Capital and have written to AK to tell them the debt is in dispute. There are payments which were never credited to the account by GE Capital. AK has acknowledged £233 of these now. There is also a default on my credit report over this.

    Will see what comes back from GE Capital and decide what to do from there.

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  2. #2
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    Default Re: Mahala v GE Capital

    God luck mahala, we'll all keep tabs on events.....

    From another Nott's user

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  3. #3
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    Default Re: Mahala v GE Capital

    tick tock, tick tock.

    Not a dicky bird from GE Capital so far and their deadline is Monday.


  4. #4
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    Default Re: Mahala v GE Capital

    DPA non-compliance lbaicon is ready to go. Barring an unexpected package arriving on Monday, LBA will be posted Monday pm.

    ... a little Mahala is a powerful thing ...

    If you like my advice, please click the scales.
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    Barclays:claiming £908. Defence filed
    Simply Be: settled in full
    Abbey: Claim issued for DPA compliance order
    GE Capital: Claim issued for DPA compliance order
    Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.
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  5. #5
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    Default Re: Mahala v GE Capital

    Today is the deadline I gave GE to comply with my DPA request. I have not head a word from them since I sent the original request. They've had an lbaicon giving them 7 extra days, and no acknowledgement of that either.

    Off to the court this afternoon to file an N1 form to get an order to comply.

    edited: actually the deadline is tomorrow .. will file then.

    ... a little Mahala is a powerful thing ...

    If you like my advice, please click the scales.
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    Barclays:claiming £908. Defence filed
    Simply Be: settled in full
    Abbey: Claim issued for DPA compliance order
    GE Capital: Claim issued for DPA compliance order
    Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.
    If this site has helped you, please make a donation to help keep it going.

  6. #6
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    Default Re: Mahala v GE Capital

    Good luck

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  7. #7
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    Default Re: Mahala v GE Capital

    well, I took my 2 copies of the N1 form down to the local county courticon today. The clerk had no idea what to do with the claim, as other people have said. Luckily, I went armed with the info alanfromderby gave in the Library section. She wanted to put it on other forms and all sorts. I eventually persuaded her that this was correct and just take the fee and file it please lol!

    So, claim filed, will see what happens now.

    ... a little Mahala is a powerful thing ...

    If you like my advice, please click the scales.
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    Barclays:claiming £908. Defence filed
    Simply Be: settled in full
    Abbey: Claim issued for DPA compliance order
    GE Capital: Claim issued for DPA compliance order
    Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.
    If this site has helped you, please make a donation to help keep it going.

  8. #8
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    Default Re: Mahala v GE Capital

    Was this a commercial agreement with GE Capital or a personal one? I have a company lease agreement with them atm and I have had a number of charges put to it which i would like to claim back? I'm not sure if all this applies to business contracts in the same way.

    Cheers

    Prelim sent May '06
    LBA sent June '06
    Fob off now rec'd to the prelim
    Copy of fob off now rec'd as response to LBA!
    Full repayment of all charges since 1997 now received.
    Account Closed

    Donation made

  9. #9
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    Default Re: Mahala v GE Capital

    It was a personal one. As far as I'm aware, you can claim back charges on business accounts too. I believe this is addressed in the FAQ

    ... a little Mahala is a powerful thing ...

    If you like my advice, please click the scales.
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    Barclays:claiming £908. Defence filed
    Simply Be: settled in full
    Abbey: Claim issued for DPA compliance order
    GE Capital: Claim issued for DPA compliance order
    Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.
    If this site has helped you, please make a donation to help keep it going.

  10. #10
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    Default Re: Mahala v GE Capital

    Typical, this morning I got a reply from GE Capital - only 48 days after I made the DPA request, and a day after I filed a claim against them.

    Quote Originally Posted by Sarah Wainwright

    Dear Mahala

    Thank you for your letter dated 12 June 2005 with regard to your Subject access requesticon.

    Unforuntely rhe name and address details on your request do not match the details we have on file for the above account number that you have quoted.

    If this is due to a change of name, please forward a copy of your marriageicon Certificate, Decree Absolute or Deed Poll also providing details of any previous addresses.

    Please accept my apologies for any inconvenience, however, once the above information has been clarified, I will be happy to assist.
    so now what? Obviously I need to give them the ID they require, but I've already filed claim, and they are well over their time limit for making a request of this kind.

    Best way to proceed? A letter to them explaining the situation theya re now in, enclosing the relevant document?

    Besides anything else, I need my £30 back now lol

    ... a little Mahala is a powerful thing ...

    If you like my advice, please click the scales.
    All advice is offered informally. If in any doubt, seek professional advice.

    Barclays:claiming £908. Defence filed
    Simply Be: settled in full
    Abbey: Claim issued for DPA compliance order
    GE Capital: Claim issued for DPA compliance order
    Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.
    If this site has helped you, please make a donation to help keep it going.

  11. #11
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    Default Re: Mahala v GE Capital

    something StoneLaughter mentioned just now - is there a 14 day limit for requests for ID? I know they are entitled to satisfy themselves as to my identity, but StoneLaughter seems to think he read on here somewhere that they have to ask for ID within 14 days (not 50 days, as is the case here).

    ... a little Mahala is a powerful thing ...

    If you like my advice, please click the scales.
    All advice is offered informally. If in any doubt, seek professional advice.

    Barclays:claiming £908. Defence filed
    Simply Be: settled in full
    Abbey: Claim issued for DPA compliance order
    GE Capital: Claim issued for DPA compliance order
    Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.
    If this site has helped you, please make a donation to help keep it going.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE