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BANKMARE

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About BANKMARE

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  1. Apologies just tried inserting an image but it was way too small. How do you insert a pdf?
  2. I have an ongoing case with HC/CL/GE cards. To cut a very long story short. Had a burtons card, was in the process of seeking charges back, lost job, couldnt keep up payments, account passed to CL who issued a claim. Put in a defence been to court twice now have to put in skeleton arguement, case comes up beginning of next month. CL never contacted me ntil they issued a claim. POC was the standard HC claim, though referring to the infamous clause 7 stated they were claiming 0% interest, so a red herring on that one. I have a number of issues that i would clarifying if possible please caggers. Default notice sent in HC's witness statement pack is clearly a reconstituted one, they have admitted such in court and the judge doesnt seem to have a problem with that, however no such DN was ever received by me and didn't turn up until the witness statement stage. The DN is pretty standard stuff, but with the following "Your breach has created arrears of £xxx.00. To remedy your breach you must pay the arrears by 21 days". Letter supposedly dated 02/12/xx However accordign to other paperwork supplied by HC the acount was sold on to CL on the 31st Dec, having calculated the days considering both first class and second class post that was before the 21 days expired. Do i have any grounds for a decent arguement on this? I understand 14 days is the min laid down, but the letter clearly states 21 days. Thanks in advance
  3. For the time being yes. Compared to some of the issues we are dealing with this is trivia and low priority. So for the time being it is out of the way until we decide to tackle it properly , like i say we have far more serious issues to deal with at the moment. Cheers.
  4. An interesting little visit to the court last week. The consent order we didnt feel like complying with so amended it to our taste. Nice try but we weren't ever likely to sign up to soemthing that would of immediately put us in breach of the order, Cohen's you really have to get up a lot earlier in the day to catch us out on that sort of thing!! Cohen's had been sent a copy in advance and hadnt written to us regarding it so we took it as being satisfactory. Cohen's of course were a no show, so the order was rubber stamped there and then done and dusted in less than ten minutes. Now we deal with the small matter of penalty charges etc oh CL Finance are going to be so chuffed and with complaints winging their way to them too. Happy days.....
  5. Well a very interesting development today. HC have been in touch by phone i wont go into details as i am issuing a telephone harrassment complaint. However the person takign the tyelepphone call was left a number to call 01274853896. I rang the number: Howard Cohen Solicitors can i have a reference number. Dont have one to hand Can i have a post code then Yes We have no record of having phoned you today. Who am i speaking to Damiean Damiean Yes Whats your surname Hussain Damiean John Hussain Yes And this is definately Howard Cohen SOlititors Yes. Well thank you Damiean i have your witness statement a statement of truth clearly saying you are a collections officer for CL finance. Thanks for confirming what we all knew CL and co and HC are all one and the same.
  6. Cheers for the obs. No default has ever been received from anyone (until now). And in the last few minutes HC have been in touch (now they are subject to a complaint to ofcom for telephone harrassment). And have a gander at my thread as somethign very interestign has popped out of the woodwork.
  7. The defence was an embarrassed defence for the normal HC/ CL non compliance with SAR, CCA and CPR requests. My take on this this woudl be pretty much standard, is the Agreement enforceable, No NOA served no default notice served etc. In any case the account would include penalty charges etc pretty identical to my other thread. I wonder why they go through the motions of court claim then try and avoid a hearing so late in the day, tiem is getting on with this so i'm not too keen on accpeting the order just fo rthe sake of keeping it out of court. Any thoughts on defective documents etc so far? Thanks in advance any help is greatly appreciated.
  8. Thanks for the reply. Here is a scanned copy of the consent order. This one applies ot my other half, i have my own dealings with HC on a different thread they are two seperate issues.
  9. My other half has had a county court claim issued agianst her by our friend HC via CL Finance for a frasercard. A embarressed defence was submitted and a date set for a hearing on the 3RD September. Today we have received a response to the CPR requests. Bundle now suddenly offers a consent order. leter states as folows: Further to your Defence the content of which we note, Please find enclosed a copy Agreement, Statements of Account, and Notice of Assignment and Defualt Notice. We can confirm our records show that you were making paymentf of £1.00 per month. In an effort to bring this matter to a satisfactory conclusion, our client is prepared waive the legal costs of £236.00 and accept payment of £51xx.xx by instalments of £1.00 per month, subject to a Consent Order which will avoid the entry of a county court judgement beign registered against your client. This will avoid the need to attend the hearing. We therefore enclose three copis of a Consent Order for your consideration. if you agree to the terms upon the Consent Order please sing all three copies and return them to this office immediately. We trust this is in order and look forward to recieving your reply. Very odd they admit payment was beign made, but went for a claim anyway, now want to accept the same payments again. Nice of them to think a judgement would be entered against her. i have hopefully attached a copy of the original agreement application, defualt notice from CL and Notice of assignment if soem one coudl perhaps give their thoughts on them. .
  10. Anyoen got any thoughts on this one? Please.
  11. Here is the content of the supposed default notice if anyone woudl care to point out any errors in the script. DEFAULT NOTICE. Served under Section 87 (1) of the consumer Credit Act 1974 xx.xx.08 IMPORTANT YOU SHOULD READ THIS CAREFULLY. Your Running Account Credit Agreement Number xxxxxxxxxxxxxxxx. We are required by law to send this notice to you before we can demand payment of the balance outstanding on your account. You are in breach of the “Payments” clause of your credit agreement which provides that you must make each payment when due. Your breach has created arrears of £xxx.xx. to remedy your breach you must pay the arrears of £xxx.xx by 21 days. IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. If nothing is paid, your account will be closed and solicitors may be instructed to issue legal proceedings against you for recovery of the full outstanding balance. IF YOU HAVE ANY DIFFICULTY PAYING ANY SUM UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME. IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE FOR EXAMPLKE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADIGN STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU. You may telephone us on 08701252531 with your payment proposal.
  12. HC have decided in thier wisdom to ressurect this one as a bundle of joy arrived on my doorstep thsi morning. Included in the bundle was a witness statement, copies of statements from 2004 to Dec 2008, copy of the notice of assignment, copy of the original agreement nd supposedly a copy of a default notice. I will copy the statement word for word: I. DJH (full names were given) of CL Finance Ltd, R/O Kingston House, Woodhead Road, Birstall, Bately, WF17 9TD will say as follows: 1. I am a Collectiosn Officer fo CL Finance Ltd, and i am authorised by the claimant to make this statement on its behalf. I make this statement in support of the Claimants claim to recover monies owing to the claimant by the Defendant pursuant to a credit agreement. Save where I indicate otherwise. the statements in thsi witness statement are from my own knowledge. 2. On 00 month 19xx the Defendnat entered into a regulated credit agreement with The First Personal Bank Plc, account number xxxxxxxxxxxxxxxx for the provision of a Burton store card. There is now exhibited hereto marked "DJHX" as a copy of said agrement. 3. On 28 July 1997 by a certificate of incorporation of change of name, The First Personal Bank Plc became known as GE Capital Bank Limitied. 4. From time to time, the defendant made use of the credit facilities provided under the agreement. There are now exhibited hereto marked "DJHX" copy monthly statements of the account from August 2004 to the final statement being month 200x. 5. On xx month 20xx, pursuant to Section 87(1) of the Consumer Credit Act 1974, a Defualt Notice was served upon the defendant requiring payment of the arrears to be made, the Defendant having failed to make payment in accordance with the terms of the agreement. The Defendant faiel dot comply with the same and therefore the agrement was terminated. There is now exhibited hereto marked "DJHX" a copy of the said Default Notice. 6. By a deed of assignment, dated 31st Dec 2008, GE Capital Bank lImited assigned the account absolutely to CL Finance Limited, notice of such assignemnt beign sent to the defendant on the 28th October 2009. There is now exhibited hereto marked " DJHX" a copy of said notice of assignment. 7. The contnet of the Defendant's defence has been noted, however the Claimant woudl liek to draw to the courts attention to the above paragraphs 2-6, which provide details of the accoutn and its assignment. 8. I therefore contend that the Defendant has no valid defence to the claim and respectfully submit that the Defendnat is liable to CL Finance Limited for the sum of £xxxx.xx claimed in these procedings and request that there be judgement in favour of CL Finance Limited in that sum, together with the sum of £155.00 beign the fixed commencement costs, together with any other sum that the court deems just upon entering judgement. They have also attached a copy of Application Notice N244: 1. CL Finance Limited. 2. Claimant 3. Upon the Claim being stayed, we require the claim to be reinstated to enable us to progress the claim as we did not receive a copy of the Defendants defence until after the deadline to transfer the claim to the Defendants home court, IT IS ORDERED THAT: 1. The stay be lifted. 2. The claim be trnasferred to the Defendant's jurisdiction, xxxxxxx County Court. 3. There be no order for costs. 4. No 5. without a hearing 6. blank 7. blank 8 District 9 All parties 10 Attached witness statement 11 Applicant ,singed and dated. A few thoughts of my own that spring to mind on this. The N244 appears to be completed and singed etc by the claimant not HC although HC's DX number is clearly written in. The copy of the default notice looks very odd indeed at a first glance may well look liek a GE Money originated letter but it lacks any of the normal logo's etc along with other details normally found on thier paperwork. I certainly havent seen this one before or any ther for that matter. Why dont they want a hearing? The notice of assignment is very suspect, referring to Santandar not GE and why did it take so long to tell me about the assignment. The first i knew of CL involvement in any of this was when the claim form arrived, to that point nothign at all. It also appears that CL have slapped a defualt on my credit file dating back to May 2009 Anyone any thoughts on this little lot? Cheers
  13. Its been a while now and absolutely nothing. Why do i get the feeling HC are going nowhere with this one.......
  14. Seems to be thier standard response of late. No doubt caggers well up on this subject will be abel to best advise you on what if anything to do with this. I had exactly the same response from them, i didnt need thier generous offer of 14 days to submit my defence as i stuck to the timescales and submitted an embarrassed defence in before the letter landed.
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