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Rilly

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  1. Thanks Goldlady, those are my sentiments at the moment too. Still mulling it over though. Will keep you all posted... Rilly
  2. Thanks to everyone - I really appreciate the support. I'm going to have a think about further action in the light of the above comments. According to the records GE Money were able to produce (much of it is missing/unavailable) I have paid in the region of £350 - £400 for purchases totaling about £40. If I do take it further, I'll post to let you know how it goes. Thanks again, Rilly
  3. Good news! A General Form of Judgment arrived from the Court today - the case has been struck out because the claimant did not comply with an earlier order! Woohoo! Very many thanks to all who have contributed to this outcome, I am very, very grateful for all the excellent advice I have received. Just one other thing; I still feel affronted that this firm have charged me all this money and didn't have the backbone/evidence to follow through with Court proceedings that they instigated. Should I just be grateful that, with the help of this forum, I've got this far or should I continue with a counter claim to try to get some of the unfair penalties refunded? I'm not sure if this is a simple procedure from this point or not. Any comments would be welcome. Thanks again, Rilly
  4. pt, many thanks once again, that letter seems to hit all the right buttons! I'll get it off asap and will let you know what happens. Thanks again. Rilly
  5. Still nothing heard from the Court, and still nothing from the Claimant. Is it time for me to respond, or should I be patient a bit longer? Rilly
  6. Many thanks pt. I won't do anything for a few days. Maybe the Court will be in touch. I'll keep you posted. Rilly
  7. Hi again pt, thanks for taking a look. The exact wording is as follows; Before DISTRICT JUDGE XXXXXX sitting at xxxxxx County Court, (address). IT IS ORDERED THAT 1. The Claimant shall by 4pm on 27 February 2008 send to the Defendant and to the Court: - copies of the cancellation notice and other cancellation details as required by section 62(1) Consumer Credit Act 1974 - copies of all documents referred to within the credit agreement including any terms and conditions - Default Notice compliant with S87(1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI1983/1561) as amended - Document, contract or deed of assignment and notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925 - Full breakdown of sums allegedly owing showing credit for payments received. 2. The Defendant shall by 4pm on 12th March 2008 file and serve the following; - an amended defence sufficiently particularised in response to the documents supplied by the Claimant. 3. Thereafter file to be referred back to the District Judge for further directions. Dated 06 February 2008 What do you reckon? Regards, Rilly
  8. Hi all. The latest update on my case is that on 110208 I had a General Form of Judgment or Order sent to me by the Court, and clearly the same thing was sent to the claimant. This ordered the claimant to send certain documents (copies of cancellation notices, all documents referred to withing the cca, full breakdown of sums allegedly owed etc etc), to the Court and me, and this had to be done by 270208. Obviously that date has come and gone and I have received nothing, (except a letter from Cohen & Co saying they will accept immediate payment of £300 - £100 less than what they originally say I owe - naturally I'm going to ignore that). I am assuming that the Court have had nothing either. Anyway, I have to submit 'an amended defence sufficiently particularised in response to the documents supplied by the Claimant' within two weeks. I believe this would be what is called an 'embarrassed defence'? Would someone by kind enough, once again, to advise me on how to word such a defence please? I'm sure I could do it by referring to earlier posts, but this might not be the best way to go about it. Also, is there a particular form I should use or should I just send it in the form of a letter? Any advice would be gratefully received. Thanks in advance.
  9. Many thanks pt, perfect for my scrambled brain. I loved the last line too! I can get cracking with this now. Many thanks once again for all the help I've received from you and all the others. I'll post again with any updates in due course. Rilly
  10. Also pt, about this draft order for directions page, do I leave that as is? And is that all part of section G on the AQ or is it to be included seperately? You did say fire away with the questions! Thanks
  11. Sorry pt, I know I'm being thick but I still don't understand which bit I need to change. I'm sure I'm in a minority of one in this forum but I can't understand exactly what I need to alter. Would you mind posting the first few words of the section I need to change and what I should change it to? Sorry to be a pain. Rilly
  12. Thanks pt and popeye for your posts. Pt, I think I've almost got my head around this now, except that I'm not sure which bit I should strike out of the Draft Order - is it bullet point one, relating to the CCA? If not, could you explain as if you were talking to someone of very low intelligence as I'm beginning to feel that my IQ has dropped to single figures...
  13. As I said, I am a little concerned the way this is going, and the fact that I now have less than four days to submit my allocation questionnaire. I have to say that I don't understand a good deal of the last few threads and believe I may be well out of my depth. My main concern is how to word section G of the AQ - other information. Could someone give me some guidance for that in light of the above?
  14. The account was opened in June '03. I can confirm that the CCA does not show a date and is not dated by me or the person who countersigned. I'm beginning to get a little concerned that I'm getting a little out of my depth... what are the implications of a cancellable agreement? rilly
  15. Thanks pt, sorry for delayed reply but I've been working away. This sounds like good news! What's the best thing to do from here? I believe I have 7 days from tomorrow to complete the court response form. Should I make reference to the fact that the credit agreement has no prescribed terms? (also, I know I'm going to kick myself, but was does IMHO mean?) Thanks, Rilly
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