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GE Money Mothercasre card - Court **WON** Debt discharged


linz2011
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Hi Guys

 

Back in court on 18th February - I am the resident court attender lol (also in court on 12th Feb) - anyway I am gonna challenge this CCA as it is a joke - I have attached it (just for clarification) but anything you can add to my argument would be great.

 

This is all I have received to date.

 

Thanks:)

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Linz

 

the title of the agreement is very much irrelevent because it states "credit agreement regulated by the CCA 1974"

 

an application form can be a credit agreement,

 

can i ask, when you took this out, did you use it there and then to purchase goods?

 

its very important to confirm this

 

regards

paul

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Damn, i was hoping it wasn't used when opened cause you could have argued lack of cancellation details

 

ok well, i have looked over the agreement and im afraid to say on the face of it, it looks ok, the required terms appear to be there

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  • 3 weeks later...

Attended the preliminary hearing and the judge ordered CL Finance to provide what I requested within 21 days - they only provided the agreement from the original request.

 

Then when I left the solicitor pulled me to one side and asked if I was prepared to strike a deal out of court due to costs etc - I told him to send the statement of account and I would decide what I will do once received.

 

Watch this space.....

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  • 2 weeks later...

UPDATE.....

 

Received a letter saying they could not provide the information requested at court and the debt is therefore discharged .......YEEHARRRRR!

 

MODERATOR...... Please amend this thread to won - many thanks to all you guys (yet again) who give me the strength to take these on.

 

P.S CL Finance must be on a run as OH received a letter saying they are no longer pursuing his claim and that too is discharged.

 

For all the new ones on here do not give up take them on you can and will win :wink:

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Well done Linz,

 

I agree with you the banks or lenders think they can just fob people off, but they are all scared to get a County Court Judgment against them and so will not generally attend in the end whether they have an enforceable agreement or not...

 

I have beaten Woolwich and am in later stages with Amber Home Loans (Default Judgment against them) and Nasty West (waiting for Court Date) for similar issues...

 

Keep up the good fight!

 

Penfold

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Congratualtions!

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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hi

 

Well they did send a valid CCA and the notice of assignment but no T&Cs or statement of account so I played on that saying they had not provided me with what was requested under the CCA and the judge ordered it be sent within 21 days - then letter on mat this morning saying they could not provide:)

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  • 2 months later...
Is a hire agreement the same as a hire purchse agreement?

 

And does a hire agreement have to say the APR? amount to be financed? and total amount financed???

 

Cas

 

cas

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