HELP GE Money CCJ Pending...!!!

[damo1312]

Hi guys,

 

little problem here, any help would be appreciated!

 

I have just received a CCJ Claim Form in respect of a GE Money (Ex-) Staff Account, which has all the usual gumpf with it. I do, however, have several issues with this account, and would be very grateful if anyone could suggest how I might proceed:

 

1) GE Money / GE Capital have issued a total of six Default Notices against this Account since 1999; up until this point, the account has always been bought back into order, and has run fully as per contract (i.e. as a fully functioning card). Can they issue this many Default Notices against this same Account?

 

2) Almost half of the amount owing (only £202) is made up of Penalty Charges (as I have not yet had a chance to claim them back. As I therefore contest a large portion of the alleged debt, how should I proceed as concerns the CCJ (i.e. do I have it set aside and corrected, leave it and apply for a variation subsequently, etc.)

 

3) The debt was Assigned to a Howard Cohen & Co Solicitors on 20th September... in the same letter (my first contact with them) they stated that Court paperwork would follow immediately (it did, dated 25th September... are they not obliged to give notice before carrying this out? Does anyone think that I should report them to the OSS / Law Society?

 

5) The company (GE Money) has been kept informed about my situation (and know that is due to a bereavement, injury, loss of job and Depression) and yet have constantly used intimidatory and computer-generated letters to threaten me prior to this stage. I was able to make payments of £5 per month for quite some time under a 'Concessionary Arrangement'; they have taken this action despite me telling them of changed circumstances, and keeping them informed by letter (they have acknowledged them by their actions, but otherwise have not bothered to answer. Can I not threaten them with Section 40 of the Administration of Justice Act, Malicious Communications, Protection from Harrasment etc and, if so, do I mention these in any defence / counterclaim I make, or bring this up seperately in a separate action? Would the OFT / Trading Standards also be a good idea?

 

6) Does anyone know how much a Counterclaim is if so (as I am on Incapacity Benefit due to Depression at mo?

 

Sorry if this is a bit wordy, and apologies if this has been covered anywhere else (could someone point me to where if so please?)

 

Just panicking a little!!

[Tobes]

First of all, if they're still in the process of suing oyu, there is no CCJ yet; that only happens if they win. Even if they were to win, if you paid the full amount within 30 days it would not be recorded.

 

Firstly, you are allowed to enter a defence; just explain your circumstances, explain that you've had genuine problems and that oyu have been paying off the debt as much as you've been able - that will look good to the court. You can also enter as your defence that you don't admit to the full claim, that you admit to only some it. You could then counterclaim for the amount made up of penalty charges, or it might be sufficient to just include it in your defence...not sure...if you're on certain benefits you don't have to pay court fees so phone the court and ask about incapacity.

[Mairi]

I'm sorry but i can't help with the court stuff, being north of the border, but if the balance is mostly charges then send the DPA for your statements. GE Money refunded my OH charges after 1 letter.His was a staff account also.

they are only allowed to issue 1 default for the account though. Write to the CRA about the multiple defaults demanding they remove, at least all but 1.(if you know what i mean)

Someone more knowledgeable than i should be able to help with the defence.

mairi

[damo1312]

Hi guys...

 

thanks for the suggestions. Will prob go along the adding it in the defence route... unless that would prejudice any counterclaim... anyone with any legal knowledge maybe give me a definitive(-ish) idea as to what they would do? Soz, as this is heading to a possible CCJ, just want to be sure... ;-)

 

Mairi - will try and get the penalty charges taken off (worked for you!) Did they do it that quickly tho? just wondering if would be sone soon enough, and if so whether I should get the claim amended...?

 

All gr8 fun, but we soldier on (I will get these swines...!)

[jimfishybob]

If you actually show up in court, (they won't as 99% of debt defendants don't either), then it will improve your chances of winning one hundred fold.

 

Remember there is no CCJ until they court has ruled against you and in the main it will only do that if you've been delinquent or failed to attempt remedy to the situation in any way.

 

My advice here is to issue a defence, ready all your letters and records of correspondence with them, and argue your case. Don't forget that when completeing your court paperwork to only admit part of the claim and explain the reasons why to a judge.

 

The overriding factor here is you MUST be prepared. Understand all your arguments and explain things in specifics as opposed to, "they're being unfair".

[damo1312]

Thanks Jimmyfishbob...

 

Showing up would be gr8... unf the Court is in Northampton, and I live in Southampton, without a Hope in Heck of getting up there unf...

 

This being the case, I'm guessing that a good defence is the best bet owise then?

 

(Luckily am v anal about correspondence... have everything since 1994 (!); as can't get there, do I send this with the defence?

 

Thanks

[Tobes]

It is your right to request that the case be moved to your local court - you should do that right away. It's 99% certain you'll be allowed to. You could also write to the GE legal people stating that you will be defending on the basis of unlawful penalty fees and that perhaps they would prefer to settle out of court...otherwise make it clear you will vigorously defend the action and that you will be making the court aware of your view that this action is frivolous as you are already in a repayment agreement.

[damo1312]

Thanks Tobes...

 

your thinking very closely follows the lines I was thinking of going along... hfully if other ppl are thinking along my lines, suggests that I might be right!

 

Will apply to have case diverted here; will also send a slightly terse letter to the pillocks at GE Money / Solicitors, and maybe drop off a little note to the Law Society to get my Solicitor 'friends' rapped too....

 

 

will keep u all posted...;-)

[Mairi]

(Luckily am v anal about correspondence... have everything since 1994

Cool Damo.

Just send them the letter reclaiming their fees, I only sent them the first letter (21/7/06)before they refunded the charges to OH account (10/8/06).

mairi

[ecobabe]

hey damo. i am helping someone out who's been served a summary cause and could lead to a ccj. we responded with a defence saying that the total amount was in part made up of unlawful penalty charges which are irrecoverable at common law and quoted 2 examples of case law to support this. stated her personal circumstances and made an offer to pay based on her means. also counterclaimed that they had breached s 14 of data protection act by passing innaccurate info to credit ref agency (due to amouint being made up of penalty charges) and registering a default based on this innaccurate info. to date creditors have asked the court for 3 continuances to try to sort it out. if you defend witha reasonable defence (and it sounds like you have this) and counterclaim i don't think for a minute they will go ahead. just make sure you get it moved to your area and put in your defence and turn up.

[damo1312]

Thanks guys, help appreciated as ever.. Apologies for protracted reply,as have had a family emergency to deal with as well..

 

Just a query re. the Claim Form... anyone have any ideas?

 

1) The form states that I need to send the Acknowledgement of Service in to the Court if I wish to up the time allowed to 28 days... but it says elsewhere that 'If you admit only part of the claim' that you should send the Acknowledgement AND the Defence in within 14 days... so does the Acknowledgement of Claim form give you the extra 14 days or not (as the two statements on the Claim Form as above appear to be contradictory?)

 

2) If I am contesting Penalty Charges (as about 40% of the claim) am I 'Admitting only part of the claim', or am I 'disagreeing with the claim and wish to make a counterclaim (as I only disagree with part of the claim.. the Penalty Charge bit)? Am confused as the two (disagree or Counterclaim) appear to be very different procedures, presumably with v different outcomes?

 

3) Does anyone know how much a Counterclaim is?

 

Thanks

 

Damo

[damo1312]

Bump..

 

soz, family medical emergency has meant had to put this off.. so any help greatly appreciated...

[fedupwithcharges]

Hi Tobes

 

I am wondering if you can help please, i am in the process of issuing a n1 form to the court against Nationwide building society. There is a section on the form that i am required to give brief details. How would this be worded and is the same as in the particulars of claim part?

[damo1312]

Hi fedupwithcharges

 

Sure it was an oversight and that you didn't mean to hijack my thread, but could you please start your own thread re. your query? It will get you more help (as you will have your own title for people to reference against) and it will also mean that my own thread doesn't become confusing for anyone else looking at it...

 

As to your query, I really don't know I'm afraid as I have never been up to that point myself... Maybe you could message Tobes directly? He has been very helpful for me...

 

Damo

[damo1312]

Hi guys..

 

Have decided to defend, and as such have sent my Acknowledgment of Service form off to get my extra 14 days..

 

 

That's if, due to the exceptionally dodgy nature of their Claim, I don't end up making them persuading them to withdraw it anyway...

 

Details to follow in the next few replies once I get my head around what I'm doing... ;-)

[pford]

My look on this was the default severed right?

 

http://www.oft.gov.uk/NR/rdonlyres/758A497C-254B-4A23-AC96-9B97B8C978B1/0/oft020.pdf

 

plus this case if it wasn't

 

 

Woodchester v Swayne & Co [1998] EWCA Civ 1209 (14 July 1998)

[damo1312]

Hi pford..

 

Thanks a lot for those, I'll have a thorough look over them 2moro.. ;-)

[damo1312]

Hi peeps

 

am in the process of trying to get these swines to withdraw their very naughty claim. As part of this, I just have one query...

 

Looking back at the original letter from Howard Cohen Solicitors (the Notice of Assignment) it would appear that GE Money had assigned the debt to a CL Finance on the 20th September... and the Court Claim was issued on the 21st, with NO NOTICE given whatsoever (both the assignment and the fact that they had applied for papers where mentioned in the same one letter).

 

Basically, are the new people (CL Finance) entitled to make a Claim with no Notice, or is this another very large stick that I can smack them with / include in any possible defence (though somehow methinks they might withdraw their claim....)?

 

GE Money's Default Notice (the 6th in 7 years for the same Account... am waiting on my Credit Files to make sure that they have only mentioned it on them once) made no reference to any such action being taken without notice being given either...

[damo1312]

Bump..

 

soz, just fairly short on time with this one....

[damo1312]

Bump x 2...;-)

 

Anyone out there who can help with this...?

 

Soz, as I said just short on time....

[damo1312]

Hi guys

 

sorry for the delay in update, been very ill unf, good old glandular:-(

 

I've fired off a letter to the Solictors telling them why I think that they are being frivolous (with explanations) and also sent a prelim and CCA to CL Finance itself...

 

query is (and is fairly vital please, as must get defence in next few days...

 

The CCA isn't in default until after my 28 days are up... so do I include this as a complete defence, or else defend as I was intending to (Claiming back charges, Administration of Justice Act/Malicious Communications/Harassment)?

 

If I defend, do I mention that a CCA is in progress, but not yet defaulted and, if so, what if a judgement is made and they subsequently default on the CCA?

 

Would I need to get the judgement set aside?

 

Any help MUCH appreciated, as being ill has slowed things down...

 

and as I said only got a few days....!!!!!

[alanfromderby]

Can I just clarify, I gather they are taking action for a debt that includes some unlawful charges.

 

I am a little unclear about the circumstances of the CCA request - are you disputing the debt exists, or just whether CL are legally entitled to be chasing it?

 

Have you sent a DSAR to assess the full level of charges, or have you already got the statements?

[aardvark the lecturer]

Hi there,

firstly let me apologise but I am not the best up-to-speed on defaults and CCJ's. However I have read a lot on here and there are a couple of threads I will point you towards. The thing that strikes me the most that has not yet been discussed on your thread is the fact that the account is in dispute and therefore no action should be being taken as regards defaults etc.

 

The thread here for mindzai and lucid has a load of letters published that could be adapted for your situation and could be very helpful.

I would personally send a polite PM to one of them with a link to your thread -

(right click the permalink text next to your post number and select copy shortcut. then go to your PM and just paste into the message. This will provide a link to your thread.

- asking if they could possibly give any advice as you are at the limit of your knowledge and those who have posted into your thread, and have little time left.

 

They may not see this or be able to respond/help but there's no halm in a polite PM to those in the know.

 

Mindzai/Lucid, if you're reading this thread, apologies if you do not appreciate PM's, as you can see this was my idea. I read and follow your thread and have great reapect for your knowledge and letters.

 

There is also a thread here for Jonni2bads case to have a default removed but there are not too many similarities I'm afraid between the two situations.

 

I'll keep searching through the threads i've seen of late and post back here if I can see any info more directly related to your own situation.

 

sorry I can't be of more help than that and I wish you sincerely all the best.

[damo1312]

alanfromderby -

 

Thanks, yes you are right...

 

the Issue with the CCA is one of Assignment, i.e I received a letter from Howard Cohen Solicitors (acting on behalf of CL Finance, who have never actually contacted me themselves at all) on 21st September headed

 

'Notice of Assignment',

 

(this also being the first I had ever had any communication from Howard Cohen either; IN THIS SAME LETTER, Howard Cohen had said that they had issued a Claim, i.e. they were introducing themselves to me, informing me of an alleged Assignment, and making a claim all at the same time, with no notice whatsoever; hence I am demanding the Deed of Assignment (with the Credit Agreement more of a sideline really).

 

All this with a repayment arrangement in place (which had only been broken for one month, and I had told them of that in writing....)

[damo1312]

sorry, when I say 'them', I mean GE Money.... the original creditors... who obviously weren't that bothered about passing relevant details onto a DCA...