Hi Laiste I rang the court, they advised me the latest date to submit my daughters defence is 4.00pm Friday 6th July. I can see how busy you are but do you think you may be able to help me. Kind regards.

Thanks for your input Mincemeat it does make for an interesting debate, it would be good to keep the debate going especially with some input from some of the legal experts. I will however keep a lid on the age thing for now as I dont want to risk anything nasty happening to my daughter, even though it annoys me the fact that a minor can be allowed to do something like this so easily without these companies doing the proper checks.

The date my daughter signed the agreement was 28/4/2005, the signature on behalf of GE Capital is also dated 28/4/2005, this must mean that it was signed by someone in the shop on the day. Is this allowed? A Are they allowed to sign on behalf of the finance company? I thought in these circumstances the documents were sent onto the finance company for them to sign and execute the agreement then send a copy onto the customer?

Her date of birth on the form is incorrect, it should be 87 not 86. At the time she had a Electron Card that does show the Visa logo on it. Thanks

Phoned the Court, the deadline for submitting the defence is Friday 6th July at 4.00pm. My daughter signed the agreement on 28/04/2005 it was signed on behalf of GE on the same day. Even though its hard to read my scan it does show the APR. We have not received a statement of account, details of charges added to the account from Howard Cohen. Let me know if any other information would help. Thanks for all your help. Kind regards

Thanks for your replies. I will nip home at lunchtime to check the dates etc as detailed above. I am worried about the deadline for submiting my daughters defence, from what I can work out this is due on Thursday 5th July. :o

Hi all. Wow I've started an interesting debate here! Just had a reply from the letter I had sent, posted earlier in the thread, I have scaned two of the pages in below. The other pages were a Deed of Assignment between GE Capital and CL Finance this is 6 pages long so I did not scan it in. My daughter has never received anything in writing from them relating to the agreement being assigned. Is it right what they say regarding having to send £10 for the SAR and sending the information within 40 days? Surely now it is subject to legal proceedings they have to provide this information without charge and within a quicker timescale than 40 days. There was no other information provided. Thanks for all your help people

I have been discussing with my daughter about what happened when she applied for the store card. When she was paying at the till she was asked if she wanted to open an account to get 10% off, at first she said no but the shop assistant was quite pushy, my daughter agreed. When it came apparant she was only 17 it was the shop assistant who suggested she lied on the form! I assume she did not want to loose out on her commission and I know these shops set their staff targets for these store cards so the pressure is always on to get customers signed up. The only id they took from her was a Visa Electron card, she did not have a driving licence neither was she on voters roll. The first time the card was used for a purchase she was 18.

Hi and thanks for all your help. Sent the letter as detailed above by special delivery so we will wait and see what they come up with. Something that came to light today is the fact that my daughter was only 17 when she took out the store card, she lied on the application form!!! I dont know what impact this may have, can someone advise? Thanks:)

I'm going to pm Laiste to see if I can hijack a letter she had done for Electric Lemon that I think is applicable in my daughter's case, I have amended it slightly but it reads as follows. Miss XXXXX XXXXX XXXXX 7th May 2007 Claim Number: XXX XXXXX Account Number: XXXX XXXX XXXX XXXX Dear Sir/Madam I have received the Court claim filed by your company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supercedes the request made to Howard Cohen & Co recently. The information must be furnished by the 18th May 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an order enforcing your compliance will be sought. The following information is required:- I hereby request all data that GE Capital hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my accountformerly held with GE Capital. I also require a transcript of all recorded phone calls pertinent to this account and all notes made in relation to those calls. Additionally, where there has been any event in my accounthistory over this period which has required manual intervention by any member of GE Capital, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accountformerly held with GE Capital. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. A true copy of the original signed agreement between GE Capital and myself. A genuine copy of the deed of assignment. Between your Company and GE Capital. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. A true copy of any Default Notice issued in respect of this account. All Data in respect of this accountheld in the relevant filing systems of CL Finance, including details of all telephone calls made by your organisation to all my telephone numbers and notes made in respect of those calls. Specific details of the fees/charges levied by CL Finance in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. I look forward to your co-operation in this matter and receiving the documentation by the 18th May 2007. Additionally, as the information requested contains sensitive personal details, I expect it to be sent by guaranteed next day delivery, to ensure its safe arrival. Yours faithfully, Miss XXXXX

The account was opened around Feb 2005, she did not use it until May 06 when she took the balance to £148.19. She then almost straight away started to default on the payments. Since then late payment charges, interest and account cover (I assume payment protection) have been added each month. A default notice was issued by GE Money in Sept 06, no balance showed on the notice just the arrears. She had been making some payments since then but I assume interest and charges had continued to be added as the balance reached £240.16. The particulars of the claim are as follows, They state in the particulars that it was assigned to the claimant on the 30th May 07 and that notice was given to the defendant, this has never been received. I hope this gives enough information. Many thanks to you all.

Thanks for your assistance, how nice it is to know there are so many people willing to help and provide much needed advice.

Does this mean it wont show with the Credit Reference Agencies? If thats the case I'm more inclined to give them a run for thier money in the court. I just dont want her to run the risk of having a CCJ on her credit file at such a young age.

Thanks for all your replies people What if I was to try and negotiate a reduced settlement with the claimant? Is this something they are likely to enter into and would this avoid the judgement?

Thanks for your reply. Yes its from Northampton Bulk Centre. If we send the AOS stating she intends to defend the claim then they produce the CCA and its correct will she then get a CCJ and does this remove our opportunity to settle the claimant without a judgement?