CCJ Set Aside - GE Money/CL finance (Help Please!)

[BigNick2]

Think the best thing I can do is copy and paste my draft for the N244 (application for set aside notice). As you'll see by reading this, Ive been suffering severly from depression over the last few years and only now feel able to deal with this. I went to the CAB today and lady there helped me write this.

 

Any help or comments greatly appreciated guys!

 

These are the amounts in question:

 

Original debt: £542.84

Amount of judgement: £682.82 (incl £140 court and solicitors fees)

 

Amount refunded for PPI: £273

Amount refunded for penalty charges: £219

 

Amount I claim I'm owed for PPI: £335.46

Amount I claim I'm owed for penalty charges: £314.83

 

 

 

Judgement was made on 21/05/07, and upon judgement GE immediately credited the debt with £273 for penalty charge refunds. Shortly afterwards a further credit of £219 was made for payment protection insurance refunds. Both these credits were taken off the debt, and not given to me as (if im not mistaken) they should have been.

 

Part A:

 

I, the defendant, intend to apply for an order to set aside the judgement and/or apply for a re-hearing on the basis of medical evidence.

 

Part C:

 

1. The original total of the debt, as on the claim form, I dispute:

 

a. The amount of the debt because the claimant owed me more money that I

owed the firm. The claimant owes the following sums:

 

Mis-sold Payment Protection Insurance refund: £335.46

Penalty Charge refund: £314.83

 

These exceed the amount of the original debt owed to GE Money by £107.46

 

GE Money has acknowledged that these monies are owed to be, by crediting the judgement amount with sums of £273 and £219 respectively. These monies should have been paid to be, not credited to the judgement amount.

 

b. Because I maintain that no debt existed with GE Money, I also claim for all debt collection, solicitors and court fees to be cancelled, or where appropriate, paid by the claimant.

 

• At the time of the original hearing I was suffering severely from depression. I was not opening letters, and had no knowledge of the claimant’s actions until after the hearing. I saw my GP about two years ago and was referred to a psychologist. There was a waiting time of around 18months for psychological treatment, during which my condition worsened. I have now reached the point where I feel justified in stating that there were no grounds for the claimant to apply for a CCJ against me.

• As this account had also been in legal dispute for the duration of the claimant’s collection action, I had no reason to believe that a County Court Claim would be forthcoming. The Office of Fair Trading’s debt collection guidelines state that enforcement action should cease when a debt is disputed.

• I apply for the entry in the list of County Court Judgements to be removed, or if that is not possible to be amended in light of the courts decision.

• I further apply for the case to be transferred to the Reading County Court as I wish to appear in person. I also ask for it to be listed for a Monday or Thursday, so that I can be advised by Reading Citizens Advice Bureau.

• I also request for an undertaking from the claimant that they will contact all the major credit reference agencies and send me written proof that the judgement has been cancelled/amended.

• It should also be noted that the amounts claimed for Penalty Charge and Payment Protection Insurance Refunds are conservative estimates, as despite repeated requests, the claimant has failed to provide a number of statements in relation to this account. This is a clear breach of the Data Protection Act.

Documents attached:

 

• Account statements from GE Money, spreadsheet summaries of amounts owed in Penalty Charge and Payment Protection Insurance refunds.
  
• Settlement offers from GE Money regarding Payment Protection Insurance and Penalty Charge refunds.
  
• Letter from Dr…. Psychologist
  
• Letter from GE Money confirming their failure to supply various account statements, following a Data Protection Act disclosure request.

Could really use a bit of support from people with experience of this sort of thing. Thanks again

My first Q, when calculating penalty charge and PPI should I add interest up until the date of the judgement, or up until today?

[BigNick2]

Thought its probably worth posting the CCA GE sent me recently too. Is it worthwhile sending a CCA request to CL finance (the DCA) or too late now since the CCJ has already been issued?

 

http://www.picturebay.net/img/members/skel123/Edited_CCA.jpg

 

 

 

[BigNick2]

Sorry to bump but my thread seems in danger of slipping down the page into the wilderness

[The GodMother]

Sorry to say but l think your CCA is ligit as l can just see the APR on it.

 

Could you post the bottom bit a bigger please. I mean the bit were the sig date is 21 10 03.

 

They dont have to refund to you personally the PPI charges and penatly charges to you as they can apply them to the account to help reduce the debt.

 

You may find that if the agreement is found to be legit then you may not have been entitled to the original refunds any way.

 

I am going to PM someone who knows more about this but you will need to post the finacial details of the account bigger so we can read it.

 

Chrissi

[Curlyben]

Looks like good advice from CAB there.

Now bear in mind you can either go for an unenforceable agreement OR charges but NOT both.

[Edz11]

As Curly says - you've had good advice. I'm not going to be the Judge deciding on the set aside but I'd say you've got good grounds, supported by evidence. When you've got it set aside then you can way up what angle to take. But as Curly says, it's one or the other. Bearing in mind that you're in debit if you attack on charges then that might well be the best route. Let us know after it's been to Court for the set aside.

[The GodMother]

So is the agreement vaild?

 

I can see, with a maginfing glass at least on of the prescribed terms.

 

Chrissi

[Curlyben]

Chrissi, in the case it doesn't matter as the charges are MORE than the debt, so go for the charges.

Ignore the agreement.

[The GodMother]

rite that soundslike a good plan for one of my accounts.

[BigNick2]

Thanks guys, really appreciate you reading this.

 

Just wanted some re-assurance really I think.

 

Was just wondering about the legitimacy of the CCA because I thought it would strengthen my case if it turned out not to be valid.

 

Is tehre any point sending a CCA request to CL finance then?

[The GodMother]

No not really as the charges are more than the debt as CB said

[BigNick2]

Ok thanks GM. Saves me another 30min queue in the post office sending a recorded delivery CCA request then

 

Pyscologist is giving me the letter on fri, then back to CAB on tues to put together a final draft of the N244 so Ill post any updates on here.

 

Anyone know how sympathetic courts are to cases like this? Got in my head that it could depend on whether or not the judge has had a good morning or not.

[Edz11]

Well, so far attacks on the legitimacy of the CCA have just stopped enforcement. Although, there was a case two weeks ago where a poster got his money back too. But, I wouldn't read too much onto that case as the Bank section looking after the paperwork (not the Bank's in house Solicitors) were inept. Funny - cos the solicitor was reading the posts and there was almost a three way conversation taking place...

 

So I'd be wary about taking that route until there's a well trodden path. Dave against the world is sharpening his machete on that one...

 

As for the Judges - your summary is accurate. But, I think we'd all say on here that your case is somewhat exceptional...

[BigNick2]

Ok I wont bother pursuing a CCA request with CL Finance then.

 

Ive got a Q guys:

 

Do i need to attach details of why I think the PPI was misold, and why Im reclaiming the penalty charges to the N244? And could anyone help me do this please?

[Curlyben]

What you have already stated should cover what is needed for the N244, but at the end of the day this is all at the judges discretion.

 

Have a look through this for some more pointers: Removal of CCJ's - Step by step guide to the process

[BigNick2]

Thanks CB.

 

That website's useful too.