Help! Received Court Claim Form**WON**

[MR2Phil]

Ha ha ha ha!!! Chance would be a fine thing! The gf is claiming to be "busy" tonight!

[pt2537]

ah, a bit like the old chestnut about " not tonight im washing my hair" eh?

[MR2Phil]

Yeah! Or, in this case:

 

"Look, you KNOW I'm busy!! I have a 5000 word essay in for Thursday AND a job interview to prepare for!!!"

 

 

Mind you, it leaves me plenty of time to get on here and swot up (not to mention getting Hayes & Yeading promoted into League One in Football Manager 2008!)

 

Every cloud!

[MR2Phil]

Ok, Paul, here's the actual wording. Sorry it's taken so long to get round to remembering it.

 

1. The action is stayed until Wednesday, 2nd April 2008, during which period the parties shall try to settle the matter or narrow the issues.

 

2. By 4pm on Wednesday, 2nd April 2008 the Claimant shall notify the court in writing of the outcome of negotiations (without disclosing any matters which remain subject to 'without prejudice' terms) and what, if any, further directions are sought. Failure to comply with this direction or to engage properly in negotiations may result in the application of sanctions. If settlement has been reached, the parties shall lodge a consent order signed by all of them.

 

3. Because this Order has been made by the Court without considering any representations from the parties, the parties have a right to apply to have this order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the Court (together with any appropriate fee) to arrive within seven days of this Order.

 

And that's about it. So what does it mean? Do you think (as someone mentioned in GoldLady's thread) that I should send an SAR to cover myself as they asked for the tenner way back and I never sent it as you advised at the time.

[pt2537]

Ok, Paul, here's the actual wording. Sorry it's taken so long to get round to remembering it.

 

1. The action is stayed until Wednesday, 2nd April 2008, during which period the parties shall try to settle the matter or narrow the issues.

 

2. By 4pm on Wednesday, 2nd April 2008 the Claimant shall notify the court in writing of the outcome of negotiations (without disclosing any matters which remain subject to 'without prejudice' terms) and what, if any, further directions are sought. Failure to comply with this direction or to engage properly in negotiations may result in the application of sanctions. If settlement has been reached, the parties shall lodge a consent order signed by all of them.

 

3. Because this Order has been made by the Court without considering any representations from the parties, the parties have a right to apply to have this order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the Court (together with any appropriate fee) to arrive within seven days of this Order.

 

And that's about it. So what does it mean? Do you think (as someone mentioned in GoldLady's thread) that I should send an S.A.R - (Subject Access Request) to cover myself as they asked for the tenner way back and I never sent it as you advised at the time.

 

Hi Phil,

its fairly clear that the judge wants this resolved out of court.

 

now then, sending a S7 SAR is entirely up to you, its your call

 

however, as things stand, they are going to have to disclose to you the credit agreement which they are relying upon. without it they are stuffed,so this is an ideal opportunity to send then a letter inviting them to address the issue of no agreement, since this matter cant be resolved without it

 

if they supply it then we look at it and decide if its compliant, if they don't have it then they are stuffed and cant continue with this claim

 

now iuf they refuse to come to the table and enter into discussions then you just advise the judge who will kick them in the Ar$e

 

thats the basics of it

[MR2Phil]

Right, I like the sound of that! Any help on the wording of such a letter to them would be greatly appreciated...I wouldn't know where to start.

[MR2Phil]

Anybody? Would like to get this off really quickly.

 

Thanks in advance!

[MR2Phil]

Bumpety bump?

[pt2537]

Hello Phil,

 

sorry mate but youre gonna need to be patient im afraid , ive got 5 other defences that need to be written ASAP so im kinda tied up. if you had posted the order earlier i would have had a reply done as i wasnt that busy, but now its not going to be something that i can look at til the weekend

 

regards

paul

[MR2Phil]

Absolutely no need to aplogise, mate. You've been great, wouldn't have got to this stage without you. I've knocked something up myself, without Legal Speak. We were ordered to enter into negotiations and I think that's what I've done. I've made another request for the information previously asked for with the CPR 18 in November (and copied the original letter to them once again) and also mentioned that I am prepared to pay for goods purchased (which has always been the case) but not the unlawful charges. I did not, at this stage, mention a figure I would settle at, but made it clear I needed the documentation before I was able to proceed much further, unless we could come to a mutual agreement.

 

I don't think I have done wrong by admitting the debt as I've never shyed away from it in the first place. I think what I put was an honest assessment of where we are at the moment and what is required in order to move forward.

 

Oh and, of course, I copied everything to the court with a cover note explaining that I felt I had done what I could to enter into negotiations, as requested by the judge. I, again, explained that, without the proper documentation I was unable to proceed with constructing a proper defence and felt that CLF are frustrating my attempts to do so by not sending me the requested.

 

Hope that's ok?

[MR2Phil]

No reply to my letter to them so far...I guess that's only a good thing for my case!

 

What I want to know though (and I hope I'm not getting ahead of myself here) is what happens if they don't reply? From looking ar other threads am I right in thinking that they could pay the money and start the whole procedure over again? Can they pass the debt back to GE Money, or whatever they're called, and they'll get someone else onto me? Will I ever really be free of this unless I make a payment that GE are happy with?

 

Sorry for all the questions, I'm just now looking to the next stage and thinking about my credit file and what will show on there.

 

Cheers

[MR2Phil]

Ok.....could do with some advice now, peeps......I figure that I've had a semi-victory. They have sent me the CCA (or, at least, a document which says "Consumer Credit Act Agreement" at the top. Looks like an application form to me, but if I can scan it in at some point today, perhaps someone could take a look? They've also sent all the statements for the past 4 years since I opened the account.

 

The reason I am calling it a victory is that they have said they accept my offer to settle the account, which is less than 50% of the total they are claiming. They want it in 28 days though...whilst it would be lovely to pay this and get it off my mind, I'm not sure I'll have that much free cash in 28 days. I was thinking of sending a cheque post-dated for the end of the April, by which time I'll have the dough.

 

What do you guys think? Either way, I am absolutely indebted to all the help and advice I've received on here since I received the claim form in November, especially Paul. Would never have had such a result without your help.

 

EDIT: Oh, and can I ask them to remove the default?? How much of an impact is this likely to have on me getting a mortgage at any time over the next 2 years or so?

[pt2537]

Ok.....could do with some advice now, peeps......I figure that I've had a semi-victory. They have sent me the CCA (or, at least, a document which says "Consumer Credit Act Agreement" at the top. Looks like an application form to me, but if I can scan it in at some point today, perhaps someone could take a look? They've also sent all the statements for the past 4 years since I opened the account.

 

The reason I am calling it a victory is that they have said they accept my offer to settle the account, which is less than 50% of the total they are claiming. They want it in 28 days though...whilst it would be lovely to pay this and get it off my mind, I'm not sure I'll have that much free cash in 28 days. I was thinking of sending a cheque post-dated for the end of the April, by which time I'll have the dough.

 

What do you guys think? Either way, I am absolutely indebted to all the help and advice I've received on here since I received the claim form in November, especially Paul. Would never have had such a result without your help.

 

EDIT: Oh, and can I ask them to remove the default?? How much of an impact is this likely to have on me getting a mortgage at any time over the next 2 years or so?

 

Phil,

 

any chance you could scan and post up what they have sent you? removing the personal details first,

 

if what they have sent isnt compliant then you could use it to your advantage to screw a settlement on your terms and get the default removed,

 

A default will stuff your chances of a mortgage so it needs to go

[MR2Phil]

Yeah, I will do just as soon as my colleague returns the lead for the scanner that he nicked yesterday!

 

Before I get a chance to get it off him (will probably be an hour or two before I next see him) can you remind me of all the things that are required, please? I can't believe that it's turned up after all this time!

 

By the way...it looks more like an application form to me...but it does contain the APR...just can't remember the rest of the things it needs.

 

I thought that by them agreeing to my settlement figure that they must've been scared of losing...? Or is that just wishful thinking?

[MR2Phil]

Ok, done a bit of nosing around and found these:

 

Amount of Credit - Not on what I received

 

Repayments

 

- Number - No

- Amount - No

- Frequency/timing - No

- Dates - No

- Manner of payment - No

 

Rate of interest - Yes

Credit limit - No

[pt2537]

Ok, done a bit of nosing around and found these:

 

Amount of Credit - Not on what I received

 

Repayments

 

- Number - No

- Amount - No

- Frequency/timing - No

- Dates - No

- Manner of payment - No

 

Rate of interest - Yes

Credit limit - No

really think we need to look at what tehy did send phil TBH

[MR2Phil]

No worries, just getting it on now...oh damn, think Photobucket and Tinypic are banned at work...will work around, hold on!

[MR2Phil]

Right, got it...I think!

 

http://www.imagehostworld.com/image/1215dJdpE-10655.jpg

http://www.imagehostworld.com/image/1215dJdpE-10656.jpg

The first one is the CCA, the second the small print in case you can't make it out.

[pt2537]

phil,

 

can i ask , on the original document you have there

 

what are the figures where it says interest rate (monthly) and APR ... it refers to direct debit payments and other payments

 

i need to know what the figures say

[MR2Phil]

2.03 per month (28% APR) for monthly payments by direct debits.

 

2.21 per month (29.9% APR) for monthly payments by other means.

[pt2537]

2.03 per month (28% APR) for monthly payments by direct debits. Oh no its not, the APR works out at 27.3%

2.21 per month (29.9% APR) for monthly payments by other means. and this one works out at 30% APR.

 

well the payment for direct debit is incorrect and outside stated tolerances as they are allowed to be 0.1 under or 1.0 over

[MR2Phil]

Is this all that is wrong with it as it stands as a CCA? The 2.03 might be 2.08, it's hard to tell.

[uglynine]

Hi MR2Phil,

 

Glad you're making good progress with this, sounds like you may have them on the run! Your thread has been particularly useful for me with my recent problems with Link Financial.....

 

I've started my own thread at http://www.consumeractiongroup.c o....ncial-dca.html, and would greatly value all advice and experience!

 

Many thanks and good luck!

 

 

Agonynine

[FANTASY CHARGES]

well the payment for direct debit is incorrect and outside stated tolerances as they are allowed to be 0.1 under or 1.0 over

=======

Ok, particulars:

 

"The Claimant's claim is for the sum of £860.11 being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and GE Capital Bank Limited under reference ************* and assigned to the Claimant on the 21st November, 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 persuant to Section 87(1) of the Consumer Credit Act 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 judgment, or sooner payment, accruing at a daily rate of £0.68"

 

Now, I'm a reasonable chap. I don't want to not pay this, but the fact I was TRYING and they still have resorted to this is what has left the bitterest taste.

 

======

 

remember post 6 on this thread it is reproduced above where the particulars of claim mention the legendary clause 7 (it's a bit like sid from the old british gas adverts : has anyone seen sid ?? ): where are the original terms and conditions showing clause 7 and also clauses 1 to 6 and beyond??

 

pt : i presume the contact interest rate in the p.o.c. is ok ??

[FANTASY CHARGES]

mr2phil

have i missed something or have you never mentioned the fact that on the application form you agree to take credit card insurance. GE were fined fortunes for mis-selling fairly recently.