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Hi, I would be grateful for some help as I received a claim form today issued by Asset Link for a GE Capital account. As far as I am aware the balance is around £1,800, although they are claiming £2264, plus £75 court fee. some of the balance will be unlawful charges also. I CCA'd Link back in Nov/Dec time, and they finally produced an application form on 9th January 2008, which appears to contain the prescribed terms, although it does refer to the terms set out below and overleaf, and there isn't an overleaf. The terms shown on the application form are: Apr, and minimum payment details. It also states if given the right to take credit when the agreement is signed, there will be no right to cancel. It has been signed by me, and on behalf of GE Cap. Can I defend this claim and if so, can anyone help me as I don't have a clue on how to go about this. I had a letter from Asset Link by the way Dated 17th March, which I received on Sat, 29th, (probably due to Easter in between) stating that as I had not agreed to consent to a notice being registered on our property they intend to commence legal action unless we pay within 9 days. I received three other letters exactly the same, two of them are accounts for which Link have failed to provide a CCA, but they are still pursuing. so will probably receive several more claims in the next few days - some of these accounts are my husbands also. Any help is much appreciated, Magda. (Claim was issued through Northampton Court by the way).

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hi someone will no doubt come along to help but i will check back later as it stands you must aknowledge the mcol claim against you and that you intend to defend the claim

and sar as you have done also CCA the Dca to see what sort of agreement you have if you can scan in the agreement uning photobucket keep your personal details of the scan

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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hi someone will no doubt come along to help but i will check back later as it stands you must aknowledge the mcol claim against you and that you intend to defend the claim

and S.A.R - (Subject Access Request) as you have done also CCA the Dca to see what sort of agreement you have if you can scan in the agreement uning photobucket keep your personal details of the scan

patrickq1

 

Thanks Patrick. I will try to scan in the agreement tomorrow, as scanner is playing up at the moment. The agreement is a standard G E Capital one, an application form, but seems to have the prescribed terms, such as APR and repayment details, although there is an overleaf mentioned which I don't have. Magda

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Hi, really could do with some help here. As expected rec'd another claim from Asset link today, this time my husband's a/c. A statement we rec'd from Asset Link (together with the agreement) back in Jan stated the current balance as £450, however, the claim is for around £2,200! Big difference. sent letter today for both a/cs re: request for information under the civil procedure rules. the agreements are application forms, but have interest rate, minimum payments and cancellation details -standard GE Cap forms, but they do refer to "terms shown below and overleaf" and we don't have the overleaf, don’t know if this makes any difference. Most importantly, I really need to acknowledge the claims online, but not sure which defence I should be going for, i.e, counter claim or to simply dispute a part of the claim, as obviously I do owe something. Thanks, Magda

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You can simply acknowledge the claim at this stage and have a further 14 days to file your defence.

 

Actually, you can dispute the claim as they have not complied with your CCA request.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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All you have to do at this stage is acknowledge the claim this will give you 14 days from the deemed served date to sort out the best basis to defend and confirm you will be defending the claim.

 

You will then get a further 14 days to put your defense together and submit it.

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thank guys

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Magda, i'm not an expert on these but the advice above by Tiglet and Castlebest is correct....it would also be a good idea to send the solicitors this letter too by recorded....

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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 within fourteen days of the receipt of this letter. 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. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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 *********.(AMEND TO THE COMPANY NAME)

c. 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.

d.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).

e. 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.

f. 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.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. 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.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen 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.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

You might like to have a read of this thread too...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/126111-cl-finance-ltd-recieved.html

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Thanks for the replies all, have had problems posting on the site, so sorry I haven't replied before. thanks 42man for the letter and link. I have to select either to "defend all of the claim" or "defend part of the claim" when acknowledging service. I guess as the DCA has provided an application form with the prescribed terms I will only be able to defend part of the claim? Thanks, Magda

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"defend all of the claim" yes you want to defend all of the claim since they have only sent part of the agreement which is in fact an "Aplication" that means you have aplied for credit and is not the agreement which has not been forthcoming so it is to defend the whole claim dont just defend part of hope this helps and if you have sent 42 letter then you can sit back and await the full agreement if the full agreement is not forthcoming The information must be furnished within fourteen days of the receipt of your letter. If they fail to comply, this should be be reported to the Court, and a copy ofyour letter wil/should l be provided as evidence to the same and an Order enforcing your compliance will be sought.

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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dont you also have a claim for PPI ? if so start a claim for this as well

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi patrick, thanks for getting back to me. I think the cca response they sent me would probably stand up in court from what I have read on the thread dealing with CCA's. It is an application form but has credit limit, Interest and APR, minimum payment details and cancellation details also. It does state terms are as below and overleaf (and I don't have the overleaf - so don't know what this contains), but not sure if a court would be bothered about this. Not sure if we had PPI or not, but have asked for all info in the letter re: civil procedure rules. Asset Link sent a statement recently for one of the accounts showing a balance of £450, but now they are claiming £2,200. they are really gunning for us at the moment, probably because we dared to ask for the cca! thanks again - really appreciate the help. Magda

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If I select "defend all of the claim" when acknowledging service, and then decide later to only defend part of the claim, (once I have all of the requested info from Asset) can I change options? At the moment I am working in the dark as i don't have any of the paperwork yet.

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If I select "defend all of the claim" when acknowledging service, and then decide later to only defend part of the claim, (once I have all of the requested info from Asset) can I change options? At the moment I am working in the dark as i don't have any of the paperwork yet.

 

 

Hi Magda,

 

 

I wouldn't worry about this!

 

Until they provide all of the information you have requested, you cannot be expected to formulate a concise defence. If you have not received the info by the time your defence is due, then you can submit a holding defence. Basically, this will say that you have been unable to submit a complete defence due to the claimant failing to fulfil your request for the information required, and asking the Court for permission to submit an ammended defence at a later date!

 

If the information that you have requested does turn up, then I suggest that you scrutinise it with a fine tooth comb, and make sure everything that you requested is included! If something is missing, then they have still not complied with your request, and you will be able to point this out to the Court!

 

Hope this helps a little bit!

 

 

Regards, Jeff.

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Thanks Jeff, that's a big help. I've been worrying about what to say in my defence initially, but I'll just wait and see what (if anything) turns up now. thanks again, Magda

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Thanks Jeff, that's a big help. I've been worrying about what to say in my defence initially, but I'll just wait and see what (if anything) turns up now. thanks again, Magda

 

 

Hi Magda,

 

 

You must still acknowledge the claim and submit a holding defence in time!

 

 

Jeff.

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Hi Jeff, Yes, acknowledged the claims online today, stating that we would be defending and also checked with the court who said we have until 5th May to submit our defence now. thanks again for your help, Magda

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Hi Jeff, Yes, acknowledged the claims online today, stating that we would be defending and also checked with the court who said we have until 5th May to submit our defence now. thanks again for your help, Magda

 

 

 

No problem, and good luck!

 

 

Jeff.

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Hi again, had another two claims issued byasset link today - unfortunately they are handling a number of our accounts. Back in November I requested CCA's for all of the accounts, but they didn't send anything for these particular accounts, although they did send something for some of the others. Strangely enough, I wrote to Asset recently confirming that the debt was unenforceable as they had failed to comply with our request re: cca and they wrote back and said the information had been provided but mail had been returned as our address is inaccessible (which it isn't)and they had sent recorded delivery items but we hadn't bothered to collect these from Royal Mail. both of these statements are complete and utter lies. I rang royal Mail and they said to get the reference numbers of the so called recorded items, so I have written to Link (yesterday, by recorded) and asked for these and also the cca's they claim to have sent. I now realise they had already made up their minds to issue the claims and want to make it appear that they have complied with our request for a copy of the agreement. As we haven't had the cca for either of these accounts should I still just acknowledge service, or should I submit my defence now stating this as the reason. Also would it still be a good idea to send the CPR letter off for these accounts to obtain all of the info they have on these a/cs? Many thanks, magda

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I have sent off letters under civil procedure rules, just going to acknowledge the claims for now stating that I will be defending all of the claim. I don't think Asset have the agreements for these accounts, but will wait and see what theycome back with anyway. They have four accounts now for which they need to provide all the requested information, so that should keep them busy for a day or two!

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  • 2 weeks later...

Hi, really would appreciate some help here again. When I received the first claim (for me) from Asset Link I initially sent a SARs request for that account (then sent CPR letters for all four accounts 2nd April - no response so far) I have today received a response to the initial SARs request. It consists of a few copy letters, certainly not all of the letters they have sent over the past 4 years), a copy of the agreement, a copy of a print out from a "defence and disputes" computer screen, which I think is a copy of the claim being submitted by Asset. It referes to the debt as a project Lucan Debt, whatever that means. They haven't sent any statements whatsoever. Finally there are some notes which have been entered on to their system either in response to a tel call or letter or just updates. One note states: we are joint owners of property with one restriction and one charge (our mortgage I guess). It then states later "total her acc's £3241. cannot amalgamate wil go on highest ball. same his accs." Obviously they have done this as a way of having a large enough debt to apply for a charge. This is all they have sent, no reply yet, although more than 14 days to CPR letters. Should I write back to Link again, as this does not satisfy the S.A.R - (Subject Access Request)'s request anyway. What do I do if I don't get all of the info I have asked for? I know I will obviously need to inform the court at some point, but will the claims then be disregarded by the court? (I think Asset will send the info at the 11th hour so that I don't have any time to sort my defence) thanks for any help you can give, magda

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Hi Magda....firstly on the SAR request, they MUST tell you in plain english what their terminology is....if anything is not explained in plain english then report them to the Information Commissioners Office....

 

As for the credit agreements how do you stand on those ? are they enforceable ?

 

Will you have some excessive penalty charges to dispute also....

 

I'm not an expert on these CCJ's but have a really good look around at the other CCJ cases as no doubt you will pick up some good pointers, if they haven't replied to your CPR then this is (I think) what is usually put to defend (without all the relevant paperwork requested in the CPR)

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

xxxxxxxxxxx- Defendant

 

 

Defence

 

 

 

1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, it is proving difficult to plead to the particulars as matters stand

 

5. Further to the case, on xx/xx/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

6. To Date the claimant has refused my request under the CPR (letter from CL Finance attached) and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested.

 

7. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to asses if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

 

8. The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 7 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

9. Notwithstanding points 7 and 8, any such agreements must be signed in the prescribed manner by both debtor and creditor. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974

 

10. The claimant is therefore put to strict proof that such a complaint document exists

 

 

11. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

 

12. Notwithstanding point 11, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

13. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

14. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

 

15. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

16. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

17. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in xx/xx/xxx the Consumer Credit Act 1974 is the relevant act in this case.

 

 

 

 

 

 

Statement of Truth

 

 

I, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

 

The above is from this thread...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131823-cohens-cl-finance-claims.html?highlight=embarrassed

  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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