Urgent need to defend CCJ from GE money RE: Burtons store card

[will lliw]

Hi to all the wonderful folks on here! And apologies for posting before having a chance to read thoroughly about my situation. I am going to be spending the day savvying up on these wonderful forums but could do with a push in the right direction, since this is CCJ and the clock is ticking!

I might add that this is the first time ive had any dealings with CCJ and desperately don’t need this on my credit file!

On 30 Dec I received a claim from GE money for £1969.52, this is for the Burtons store card I once had. I have been paying an agreed reduced amount monthlyto CL Finance ltd but may have missed one or two payments. I am in possesion of a default notice or two also for this aco****.

I think I need to request a copy of my signed credit agreement and possibly all the info and statments GE money have. Is this correct and how would I do this? Also, what to do if I dont recieve by the CC deadline and even if I do how do I use them as a defence?

Thanks!

[DocH]

Is it possible for you to scan your claim form, and post it on the site? If you do, please make sure that you blank out anything which will identify you personally.

 

It is vital to know exactly which documents are mentioned in the Particulars of Claim, as it affects the wording of the CPR request letters you will need to send.

 

Have a read of this thread

 

Can you also let us know the date the claim was issued against you. You have got 14 days from the date on the court claim in which to acknowledge service, if you wish to defend then you get a further 14+3 days in which to submit your defence

 

This thread is also worth a read to get a feel for the whole process.

Edited January 2, 2009 by DocH

[will lliw]

Hi DocH and thanks for replying, the date of the claim is 30th Dec 08 (merry christmas and happy new year ).

 

Please See below for a scan of claim form.

 

 

claim.doc

Edited January 2, 2009 by will lliw
MCOL password on scanned doc removed

[42man]

If you want to defend this the first thing to do is to send this by recorded delivery to Cohens.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

You might find this thread of interest too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[will lliw]

Hi 42Man, thanks for your response its very much appreciated. I have the letter ready to go first thing in the morning. I’ve spent the afternoon reading and have a bit of a tension headache going on ATM!

 

I have also been looking through my files etc and it seems that I am in this position for missing 2 payments of which ive paid now but I think its to late. Do you think I should defend this or just concede and ask the court to set reasonable terms? I really do not want a CCJ and if I could turn the clock back a month I would have made more effort to ensure this got paid on time! I’m just worried about picking up more charges should I go ahead and defend.......

 

In addition ive scanned the copy’s I posses of the default notice (dated 1 Dec) and assignment. I actualy made my min agreed payment of £5.23 on 11th Dec, within 10 days of the default??? Is this grounds to defend the claim?

 

 

Default notice.doc

asignment.doc

[DocH]

In addition ive scanned the copy’s I posses of the default notice (dated 1 Dec) and assignment. I actualy made my min agreed payment of £5.23 on 11th Dec, within 10 days of the default??? Is this grounds to defend the claim?

 

If you've only missed two payments then the arrears are surely only c£10. The Default Notice claims arrears of over £1800! I think your Default Notice may be defective, but would want one of the experts to take a look to confirm.

 

Looking at the Assignment letter it would appear the outstanding balance is c£1900, then the £1800 'arrears' is possibly the balance of the loan?

[will lliw]

If you've only missed two payments then the arrears are surely only c£10. The Default Notice claims arrears of over £1800! I think your Default Notice may be defective, but would want one of the experts to take a look to confirm.

 

Looking at the Assignment letter it would appear the outstanding balance is c£1900, then the £1800 'arrears' is possibly the balance of the loan?

 

Yeah, I got my knickers twisted there a bit earlier sorry. The total debt is currently £1800, was £1900 at the time of asignment but £100 has been paid off by making my agreed monthly payments of £5.23. However i need to look into the total owed soon because its riddled with unfair charges im sure.

 

The default is for the full amount of £1800 and i only paid the min agreed payment of £5.23 within 10 days as i dont have £1800 to splash around.

[blind-as-a-bat]

If you've only missed two payments then the arrears are surely only c£10. The Default Notice claims arrears of over £1800! I think your Default Notice may be defective, but would want one of the experts to take a look to confirm.

 

Looking at the Assignment letter it would appear the outstanding balance is c£1900, then the £1800 'arrears' is possibly the balance of the loan?

 

Well as the payments clause in GE,s agreemants is 4 or 5 % of the outstanding ballence, and i believe they are refering to those, as they appear to be doing with mine, thats a lot of missed payment to have £1802.52 arears.

So i would say it is very unclear what you have breached, and they seem to be confused in what they require to rectify it, they say arears but thats the outstanding ballence.

I doubt this would be valid too

[blind-as-a-bat]

You are in breach of the "Payments" clause of your agreement

 

will lliw have you signed anything with CL at all regarding this account and payments? if not what agreement are they refering too?

[will lliw]

 

will lliw have you signed anything with CL at all regarding this account and payments? if not what agreement are they refering too?

 

 

I have not signed a thing for CL, they are refering to the agreement I made with GE to make a reduced monthly payment of £5.23 due to financial difficultys. CL always have said they would honour it and they did untill i missed a payment. I dont know if its important but i did sign the letter i sent to GE asking them to accept a reduced payment of £5.23, this was obviously before the debt was asigned to CL.

Edited January 2, 2009 by will lliw

[blind-as-a-bat]

Ok, here's the thing, whith my case GE issued a default notice before demanding the full amount, then they sold it to CL.

 

Did you go through that with GE first, did GE at any time demand full payment of the account after issueing a default notice of there own?

[will lliw]

YEs!!! Ive just checked through my paperwork and found a default notice from GE before they sold to CL, requsting arears of £49.37 be paid or they will set the dogs on me, is this significant bat? Will scan and post if needed....

[blind-as-a-bat]

Its worth checking that one too

 

Also Did you pay the amount requested by that default within the time frame set by it?

 

And did GE, or Viking ever issue a letter saying the had terminated the agreemant if not, or demand full payment

[will lliw]

Its worth checking that one too

 

Also Did you pay the amount requested by that default within the time frame set by it?

 

And did GE, or Viking ever issue a letter saying the had terminated the agreemant if not, or demand full payment

 

ive got alot of demands form viking for the full amount then it goes back to GE before GE sell to CL. Viking didnt issue any defaults but ive got letters saying things like you have 48 hours to pay etc....

[blind-as-a-bat]

will lliw remove yor link to your claim form in post 3, you have left something on it, will explain when you have removed it

[blind-as-a-bat]

ive got alot of demands form viking for the full amount then it goes back to GE before GE sell to CL. Viking didnt issue any defaults but ive got letters saying things like you have 48 hours to pay etc....

 

Yep same pattern as me then, now i need someone to confirm this but, i believe if they demand full payment that then means they have terminated the agreemant, but forgot to tell you.

[DocH]

will lliw remove yor link to your claim form in post 3, you have left something on it, will explain when you have removed it

 

You'll have to change your user name now Well spotted

[will lliw]

You'll have to change your user name now Well spotted

 

Done! What did i miss?

[DocH]

Yep same pattern as me then, now i need someone to confirm this but, i believe if they demand full payment that then means they have terminated the agreemant, but forgot to tell you.

 

Seems to fit the bill as posted in surfaceagentx20's http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html thread.

 

Could really do with PT or x20's advice here.

[DocH]

Done! What did i miss?

 

You left your password for the claim showing.

[blind-as-a-bat]

You'll have to change your user name now Well spotted

 

Its untrue Myth, not all bats are blind;)

[blind-as-a-bat]

Thanks Ell-enn

[blind-as-a-bat]

Right if the default notice from GE is flawed also then no one can claim the full amount without going through the proscess again, im pretty sure on that, if it is valid im not sure if CL could, so if you can post the GE default we can take it from there:)

[will lliw]

You left your password for the claim showing.

 

Thanks!!!

 

Have edited and reposted.....

 

Should i change my username then?

[blind-as-a-bat]

I doubt that should be needed:)