CL Finance claimform - 2 GE Money Stores Cards **WON**

[linz2011]

Hi all

 

I have recieved a claim form from CL Finance Ltd x 2 for accounts with GE - I was unaware the debt has been assigned to anyone and the claim forms were a litte unexpected. I wish to put in a defence and would be grateful for any help with this

 

Thanks

[powelll]

On what basis are you defending the claims?

[linz2011]

Hi

 

I was in financial difficulties and have been paying the debt off on a pro rata basis - I want to defend on the basis that there is no CCA for the accounts nor have I received a notice of assignment or a default notice as suggested in their POC's

 

Thanks

[powelll]

Have you officially CCAd

[powelll]

Have you officially CCAd them in writing & can you provide evidence of this ie recorded delivery slip & copy of the letter? Unfortunately with the notice of assignment & default notice they do not have to prove that you received these only that they were sent.

[linz2011]

no as I have never had a reason to - I have always CCA's the DCA's but my understanding of this was that it was still with the original creditor

thanks

[powelll]

You need to send a CCA letter requesting the info to whoever is currently chasing you if you haven't done so already. Keep a copy & send recorded delivery. They have 12 working days to comply and then they are in breach of CCA regs and you could defend on this basis. The problem you have is that you have 14 days to respond to claim form ( 16 days from date on forms as they allow 2 days for post ). Fill out trhe acknowledgement of service bit as this gives you an extra 14 days ( so 28 in total. Prob you have is if you aren't sure ie not positive they don't have CCA agreement & you defend on this basis then they produce it you could be liable for their costs if you lose.

 

Someone else on here like Laiste has much more knowledge on county court stuff so you may be offered some other advice but hope this helps as a starting point!

[linz2011]

thanks a million will pm laiste to have a look in

[powelll]

No probs at all; best of luck

[linz2011]

Hi all

 

I have recieved a claim form from CL Finance Ltd x 2 for accounts with GE - I was unaware the debt has been assigned to anyone and the claim forms were a litte unexpected. I wish to put in a defence and would be grateful for any help with this - posted in another section but think it is more appropriate in here

 

Any help appreciated

 

Thanks

[rory32]

First step is to send them the CCA request. What do you mean by claim forms? Are these letters from CL Finance or court claim forms.

[linz2011]

They are court forms and if I CCA them I only have 28 days max with the court so not sure what to do?

[linz2011]

BUMP - sorry but really need help with this if anyone can help

[tomterm8]

Rory asked me to have a look at this.

 

First, what letters have you received - have you:

 

1. Recieved a notice of assignment

2. Recieved any notice of legal action

3. What date is on the claim form?

 

Right. First thing is not to panic. Your immediate actions should be to send a consumer credit agreement request LISTING EACH DEBT CLAIMED, with a £1 fee for each debt, to the letter on the claim form, by special delivery NOT recorded.

 

Second action should be to send a letter I'm going to post up for you.

 

Third action is to phone the court first thing on monday morning, numbers on the top right hand in extra small writing, and ask what the deadlines are.

[tomterm8]

In the matter of

XXX vs linz2001

Claim Number XXX

In XXX Court

 

 

Soliciters Address

 

DATE

 

YOUR ADDRESS

 

 

Dear X

 

RE: REQUEST FOR INFORMATION

 

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. The information must be furnished by the 1th August 2007. 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.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any 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 account.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e.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).

f. 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.

g. Specific details of the fees/charges levied by any other agency 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.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

k. A copy of all account statements for the duration of the agreement.

 

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Sincerly,

 

 

XXX (Type, son't sign your name).

[tomterm8]

Next thing, can you scan the first page of the claim form, remove personal details.

 

IF NOT, post the particulars of claim and the date the claim was issued.

 

EDIT: forgot to mention, ALL LETTERS NOW should be special delivery. Type your name, don't sign the letters.

[linz2011]

hi tom

 

Many thanks, i have only received 2 x county court claims - I have not received any other correspondence from them i cannot scan the POC's but it says:

 

The claimants claim is for the sum of £ being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and GE Caspital bank under reference xxx and assigned to the claimant on teh 4th July 2007 notice of which has been given to the defendant.

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon defendant pursuant ot section 87(1) of the CCA 1974.

Pursuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 26.478% per annum from the date of these proceedings to the date of judgement or sooner payment acrruing at a daily rate of £0.38

 

they are both the same just differents amounts etc - they were issued 9th July 2007 - once again thanks a million x

[linz2011]

tom should i do the acknowledgement of service online to the courts to extend it to 28 days?

[tomterm8]

tom should i do the acknowledgement of service online to the courts to extend it to 28 days?

 

Yep, and you should defend all of the account.

 

How much were the debts? Are they in two seperate claims?

[tomterm8]

Just got to go and feed the animals, but I'll be back, LOL:)

[linz2011]

hi tom if you are online can you let me know what date to put in the "this information must be furnished by xxxxxx

 

Many thanks

[tomterm8]

3oth July (fives them 14 days from monday).

[tomterm8]

Linz, can you tell me the rouch amount for each claim (i.e. £500 etc).

 

there are some more things to do:)

[linz2011]

Hi Tom

 

The defence has to be in for the 11th August and the amounts are £500 and £750 thereabouts

 

Thanks

[tomterm8]

For the original creditors, did you send them a Consumer credit Agreement Request?