Cl/Cohens claimform - old GEmoney Debenhams Store Card

[popeye1]

could some one look at above CCA request for me please, many thanks

 

it says in bot right, by signing this application form, is that agive away or am i still tooo novice

 

This is oh ,been paying for some time but they were wanting more so cca request and just sent this

 

http://i208.photobucket.com/albums/bb130/popeyebod/PicturecreationCCAGEGE1111110012222.jpg?t=1198369397

[shane5408]

Hi Popeye1,

 

It is quite clearly a precontractual application form, of that there can be no doubt. The problem is that it seems to contain all the prescribed terms and is signed by the debtor making it IMO broadly enforcable by virtue of s127(3) of the Consumer Credit Act 1974.

 

However, there are still several other aspects here that we can call into queastion, when they sent you this document as part of the CCA REquest did the enclose a statement of account and the further t&c's it makes reference to? Also, did they enclose the details of the cancellation rights it makes reference to? (under your signature it says they will send exact details of how to cancel by post). If they haven't then they have not fully complied with their obligations under a s78 request, as such they remain in default until they do, while they are in default they are unable to enforce the debt in any way.

 

Furthermore, they also have a duty to send copies of the agreement to you at the time it is opened, the requirements here depend on how the account was opened and executed, if they failed in that regard the debt could be completely unenforcable by virtue of s127(4) of the Consumer Credit Act.

 

Also, at mentioned before this is quite clearly a precontractual application form, a CCA Request should yield a postcontractual agreement, as such it could be said this application form is merely a prospective agreement intending to bind you into an agreeement to enter into future credit, as such it could be void by virtue of s59(1) of the Act.

 

Have a reead through the relevant parts of the ACt here - Home - Statute Law Database

 

kind regards,

shane

 

 

____________________________________________

All advice is offered freely & without prejudice

 

 

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[popeye1]

Shane thanks for your quick reply,we have been so busy with other problems,and just left this one alone,It was requested about 15 aug and received about 6 sept we never did any thing else,trouble is we just got acourt claim from GE MONEY for it, thinking of defending it anyway but i have a case management to deal with in Jan over another problem

[popeye1]

This cca app is all they sent

[shane5408]

Hiya,

 

Could you post up the Particulars of Claim they have stated. Since they have instigated a claim you now need to make use of the Pre Action Protocols to mount a defence, I would send them the following letter by special recorded deilvery:

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

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. The information must be furnished by the **DATE**, 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.

 

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

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 formerly held with Barclaycard.

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.

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 will require this information within the next ten days. 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.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

 

____________________________________________

All advice is offered freely & without prejudice

 

 

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[popeye1]

not GE MONEY its a company called CL FINANCE LIMITED,oh been sitting on it ,claim form dated 10 DEC never mind i should get it to them just in time i think by the 29 Jan

[popeye1]

will post more details later pos etc

[renegotiation]

You mean 24th December, not 29th January, to acknowledge service don't you? I thought it was 14 days. And doesn't there have to be a credit limit on the credit agreement? Go eat some spinach.

[popeye1]

sorry yes29 dec thanks.im going to write all details upthis morning,Onething though it was assigned to CL on the 5 dec and claim form dated 10 dec.I am right in thinking 14 days starts after 5 days of date on claim form

[renegotiation]

I don't think so. I think the courts just allow for one or two days or something. Don't quote me on that though! No harm done in any event. Make sure you ring the court tomorrow or the next day they are open if they are shut and get some clarification. If it should have been sent, and you still haven't sent it, just tell them you had some problems and are sending it straight away. Courts are usually pretty accomodating.

[renegotiation]

You have 19 days from the date of issue you are right. When I phoned up my local court many months ago they said I had 14 days from the date of issue! They did say they allowed a day or 2 grace, but not 5 days. Not that it made any difference to me but still.

[ThisVeryMoment]

Looks fine. You signed it, enjoyed the money and now it is time to pay it back.

 

Get the cheque book out!!!

[shane5408]

You mean 24th December, not 29th January, to acknowledge service don't you? I thought it was 14 days. And doesn't there have to be a credit limit on the credit agreement? Go eat some spinach.

 

 

Hi,

 

The Regulations that govern form and content of credit agreements stipulate the Credit Lmit (being a prescribed term) can either be shown as a financial figure or a statement along the lines of 'we will notify you of your credit limit' which is stated under the financial details on the application form.

 

I would send of the above letter posted ASAP and post up details of any reponse you get, should they fail to comply in the given time period the judge will take a very dim view

 

 

regards,

shane

[renegotiation]

I don't think I could read through that small print without going crosseyed. Do you think it all looks ok then?

[popeye1]

POC The claimets claim is for the sum of *** being monies due from the defendant to the claiment under a regulated credit agreement between the defendant and GE Capital Bank Limited under ref ******** and assigned to the claiment on the 5 dec notice of which has been given to the defendant[ no it has not]

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon pursuant to section87[1] of the consumer credit act 1974

pursuant to clause 7 of the agreement the claiment also claims contractual interest at a rate of 26.478% per annum from thedate of these proceedings to the date of judgment or sooner payment accuring at a daily rate of £0.29

Letters go like this

/5 GE MONEY statement

/6 GE MONEY theats of legalproceedings/warrant/earnings order/charging order

/8 GE MONEY statement

6 /9 GE MONEY CCa received from request 15/8

/9 VIKING DEPT ENFORCEMENT asked for full balance

/9 GE MONEY statement

/10 VIKING please ring them letter

OH did ask for settle ment figure but cannot remember but thinks it was prior to CCa and had no answer from them[ge money,'thanks for everyones help

[popeye1]

Got to send all documents to Howard Cohern & Solicitor

They were asigned on the 5th and the claims on the 10th that was really quick,is it right

Can 2 agencys chase the same debt

[ThisVeryMoment]

" I don't think I could read through that small print without going crosseyed. Do you think it all looks ok then?"

 

Didnt you read it when you signed it? Or did they give you a magnifying glass to assist you?

[popeye1]

Sent letters out recordered to H&C Sols

[popeye1]

Had letter from H/C Sols that they require payment of Claim in full or it will be difficult to obtain credit etc. At bottom it says ignore letter if you have responded to Claim which i have sent in acknowledgment form.

[popeye1]

Any answers to post 19

can 2 agencys chase the same debt

Assigned to claiment on 5 dec notice of which has been given to defendant. Then issue date on Claim 10 dec

[popeye1]

As the cca request only a applicationand no other paperwork they have defaulted and now no other action should take place,no notice of assignment or default notice been served ,im guessing this should form part of the defence

[popeye1]

Defence

On the 15 August a CCA request was made to GE Money,on the 6 September a copy of a application form ,not a true agreement ,with non of the other documents required under s77/78 CCA was received. GE MONEY then passed it on to CL Finance ltd.GE MONEY had therefore defaulted under the 1974 CCA regulations and were not allowed to take any further action. The Claimant [ CL FINANCE] brought a legal action against me, Court Claim Dated 10 Dec 07 .The Claimant brought the legal action only 5 days after they were allegedly assigned the relevant agreement. They did so without contacting me, or making any effort to determine the cause or nature of any dispute or attempting to obtain any out of court settlement

I further note that I received no notice of their intention to bring this claim. As a consumer credit license holder, they are obliged to abide by all statutory and regulatory provisions.They have not fully complied with their obligations under s77/78 and s59

Wellcome any thoughts on this

[popeye1]

Anyone got agood letter to send to GE MONEY about them passing onto CL Finance after failling to comply with s78 CCA request as i think they have brocken OFT rules

[shane5408]

Hi popeye,

 

sorry for the tardy response, got several claims on at the moment. When do you have to get your defence in by?

 

regards,

shane

[popeye1]

No probs, Issue date 10 so 5 after ,then 14days to ackn,then 14 days after for defence as i see , so last date is 12/01 for defence which i hope to fax.