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Cl/Cohens claimform - old GEmoney Debenhams Store Card


popeye1
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Ive sorted a defence out which applys to us and will also send a Draft Order for Directions.

I will also send

Account indispute letter toCL Finance 1

A 2nd request for CCA to GE money 2

A request for information CPR to CL Finance 3

Letters 1/2/3.have been sent to solicitors already

ANY suggestions thanks

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hi popeye,

 

can you post up the defence

 

yeah the motions/directions are submitted at the AQ stage

 

 

kind regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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hi shane , its copied from my other case,it goes

1 The claiments statement of case,,,,,,,,,,,,,[

6 Altrenatively i respectfully request a stay

its quit along one but seems to cover everything

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I am still not sure about the CCA form ,,after looking at other thread it does seem to have all items,but that form is all they sent me...I do have a letter apologising for time it took to send me the cca form in AUGUST then it went from GE to CL who started the claim in DEC

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  • 5 weeks later...

Can anyone give faults with this above application agreement please,

Just had aletter from HC & Co sols which is a reply to my CPR letter saying We are not obliged to provide this information and that the particulars of the claim are sufficient to allow to respond accordingly.That said we have enclosed the credit agreement and available statements of account.We have also enclosed theDeed of Assignment relating to the transfer of the account to CL finance

Please respond with an a ppropiate defence or an admission and offer of repayments.

Falure to do so will result in a judgement being entered without referance to you.

We are at stage of waiting for the court to come back to us with a court date

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The defence i sent as follows

1 The claiments statement of case is insuffciently prticularised etc

a The POC are vague etc

b They do not disclose a right of action etc

c A copy of the purported agreement etc

d A copy of the purported of the assignment etc

e A copy of the purported notice of assignment etc

f A copy of the purported default notice etc

g Acopy of any evidence of both scope and nature etc

2 Since the particulars of the claim do not state erc

3 Further to paragraph 2, etc

4 For the avoidance of doubt etc

5 In view of the matters pleaded above etc

6 Alternatively ,i respectfully etc

Sorry i could not write it fully

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See this post here where I have put a link to the OFT explainatory PDF for SI 1553 which states how the agreement must be set out and the prescribed terms, these must be between the parties of the agreement and the signature box contained in the same document

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-564.html#post1376831

Live Life-Debt Free

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assuming that your signature is on it, it looks enforceable to me. However, its worth PMing peterbard to have a look at it.

 

What info is missing from the request for info?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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They just sent CCA and monthley statement from june 05to Nov 07 ,with 8 out of them missing.4 page Deed of assignment dated the 7th Dec [POC staes theywere assigned to claiment on the 5thDec]

They say they are not obliged to providethe information i asked for in the CPR letter but sent theCCA/Deed/statements anyway.

I asked for,copy of notice of assignment,/default notice/charges and fees /proof of postage and anyrelavent information

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The Deed of ass does not state anything about the purported debt,.Itseems to be a general deed ..It states

.Whereas the Assignor. GE CAPITAL GLOBAL Consumer Finance Limited,the Assignee and The Lewis Group Lmited entered into an agreement on 3 April 1998 [ as subsequently amended and restated ] [the Agreement] pursuant to which the asignor agreed to sell and the assignee agreed to purchase certain debts as therein specified on the terms and soubject to the conditions therein contained

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