GE Debenhams card - sold to C L Finance - cca request

[angel_1]

hiya blind as a bat

 

yes am there to delete a few posts was going to message you directly as ive now also send a mail to ts for another appointment with them

 

i want to really follow this through now

 

laters angel x:cool:

[angel_1]

righto before i retire to bed

 

wanted to bump up to see if any other info from what i posted on 15.01.09

 

i await any further advice, am awaiting on ts still will chase them up tomorrow too

 

laters and good night all angel x

[cleo4patra]

righto before i retire to bed

 

wanted to bump up to see if any other info from what i posted on 15.01.09

 

i await any further advice, am awaiting on ts still will chase them up tomorrow too

 

laters and good night all angel x

cleo - subbing if thats OK

 

I have had a letter saying my debt would be handled by CL finance and to continue paying reduced aMOUNT - which I have done. Received a statement from CL asking for £600+ by early FEB????

 

I don't know what I should do about this. I CCAd debenhams and they sent me agreement - no original terms and conditions though - should I CCA CL finance now - or send dispute letter?

thanks Cleo

 

I haven't had a notice of assignment or anything like that and I don't know if they are just dealing with the debt or have bought it.

[angel_1]

Cleo welcome to my thread and for sure its okay

 

i did have a notice of assigment, dont understand why you havent

 

no harm in cca cl finance and see what their reply is remember only allow the 12 days for them to reply, this would be quicker and then you could follow up with a dispute letter i guess

 

i have also sar debenhams, ie ge capital bank, to see what they send me as they have to send all the documents they have held on me ie also the correct cca

Mind you, i still dont have anything from my sars from ge when i called they said didnt have anything, yet i sent registered post just looking for my receipt, i am now more organised,lol

 

will be chasing them again tomorrow as well past 40 days and i think they are stalling as ive disputed with cl finance what they have sent

 

will update you tomorrow take care laters angel x

[angel_1]

hiya all update......

 

well very interesting meeting with ts, they were not very impressed with the reply i got from cl finance that they have now provided the correct rear of the application form, i did update my thread when i got the letter

 

also he took a copy of the cl repy letter as he was going to pass it on also to cl finance - ts team to log against this company if they are doing this type of thing regular.

 

Ts - when i explained to him about the Card and Pin, section, i told him had rung ge capital today and was told by their advisor on the telephone that my account with debenhams did not have the pin technology, so therefore i take from that the terms that they claim as rear of my front of my application is nonsence yet again.

 

I again have been advised by ts to take this now to fos, since it will cost them 450.00 for the investigation and i only owe a little over it might make them see sence,,,im not paying them and im waiting to see if they take me to court as i will be then ready with the cpr 31.16 section then that will prove useful wont it?

 

anyway thats my update, take care and lets continue the fight

 

laters angel x (BY the way cl if you have now identified me i really dont care )

[davey77]

As usual then, TS are useless. CL obviously tried to create a fraudulent document and TS response?! Take it to the FOS who are becoming very well known for siding with the creditor at every given opportunity.

 

TS should be launching a full and immediate investigation into the attempts to falsify a legal document IMO.

 

Their info regarding the £450 charge could be correct. The wording in the FOS download below, 2nd page, top right, i originally read as the forth complaint 'per person' upon charging. I now can see that could well mean the forth complaint from anyone. So a company that receives 4 or more complaints does get charged (and it doesn't have to be the forth complaint YOU have made that year. You could be number 3,469. And probably are for that matter!.)

 

Poor old davey was confused for a while but thinks he has it sussed now.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/QG1.pdf

 

Even their wording suggests an less than impartial approach:

..£450 per case, after the third complaint – is likely to be much less than

the legal costs that might otherwise be involved in defending a claim in court, where the publicity could be far more damaging to the business’s bottom line.

 

Concern for the reputation of the business under investigation before the complaint has even been received. How thoughtful.

 

...Parliament decided that the ombudsman should be funded by the businesses that we cover and that these businesses – not consumers – should meet the costs of resolving disputes.

 

So the FOS are funded by the companies they are supposed to be investigating in an impartial and objective manner. yep, that will work.

[davey77]

In regards to the addition of incorrect pages in an attempt to recreate an original agreement:

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

[angel_1]

thanks very much davey i really do appreciate you looking out for me

 

i know ts referred me to fos, but im building a good relationship with ts, he admitted wasnt 100% certain on lots of the cca and its complexities, i think he learnt something from me,,,hehehe

 

but im in the mind that court action is there in the future, im looking at doing everything i can before i get to court , my ethos is look Your Honour, what else and who else could i have done or gone to????

 

I am also now going to make an appointment with my councillor in my area - im going to see what their take on this is especially debt collection agencies and their tactics,,,but in the end it maybe that i learn enough eventually to make a decision that suits me in taking the court action to resolve each debt -

 

with knowledge comes confidence and with cag and its support system anything is now possible, whereby a year ago, i was a mess, totally freaked out with the threats, paid the likes of mbna and had hardly any food in the house in dec 2007, i sure didnt make that mistake in dec 08.

 

i will use what you have given me and i will update asap any other bits from my friends at cl

 

he heheheheh

 

laters take care angel x

[angel_1]

hiya all

 

just an query,

 

found somewhere that i would need to Subject Access Request the OC for all statementes etc, this can change were you have a notice of assignment that states the DCA had Bought the debt, they should then have all the info regarding that account.

thus IM now thinking am still awaiting on sars from ge capital but if they say they actually did give the debt to cl - do i now have to sar the cl too for all my info?

and if they had my oringinal copy from ge capital then why ive i had 2 different copies purporting to now be the correct info by the second copy of my cca from cl ???

 

i think something now amiss

 

anyway laters for now angel x

 

 

[davey77]

as a general rule of thumb:

CCA the DCA

S.A.R the OC

 

Although the DCA should have been passed all the relevant info they hardly ever are and the OC should have kept all such information.

[angel_1]

well i will know very soon

 

will update you all thanks again davey

 

have read RMW thread again on bos and boy oh boy and ive pm here too

 

anyway take care laters angel x

[UnmoderatetheNet]

CL Finance are one trick ponies, it's not a case of if more like when they will take court action. They are boring and predictable and 100% of the time they have zero enforceable agreement.

 

Defend, defend, defend and then make the barstools cough up court fees because this is what really hurts them.

[angel_1]

hey thanks for the moral boosting post UnModeratethenet

 

i have radar on my next action and game of chess, just waiting on my next move now lol

 

take care laters angel x

[angel_1]

hiya all

 

war now with ge money,,,, awaiting on my sars still

 

laters angel x

[angel_1]

hiya all a bit of an update

 

rang info com off , as still no reply to my sars do have another connected thread will put here below in a bit

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/184009-ge-money-evans-no.html

 

 

also was told by ico to send in my complaint to them, however, when i queried that i was not being forwarded copy of my cca and terms by other companies i was told that was an issue by oft and not ico,,,,, but its my information that i requested that they hold on me surely they should provide it within the data subject request,,,,,,

 

appears a little vague to me this,,,,of course will send in my complaint to ico but this aint going to help me with the cca which is what i was hoping for to receive with this thread

 

since not heard from cl finance now unsure should i send in my complaint to ts who covers their area or if you see posts on 15 and 27 Jan by me - appears this maybe covered,

 

do i just sit back and wait for the court claim form or ,,,,,,,,

 

send a cpr request 16 to cl finance to get any other info again from them or will this then reseurrect something that maybe dormant,,,,

 

guess i need to see my credit file,not had any default notices or any calls that i can see

 

just my ramblings for the time being,,,,,thanks for listening laters angel x

[davey77]

The ICO are not interested in complaints re a CCA. That's one area of Data Protection they leave out. They should be on it like a duck to water in my opinion as they are doing the creditors a big favour by passing the buck to the OFT/TS but that's the way it is I'm afraid.

 

Send any complaint to your Local TS office. Not the TS based where the creditor is. They will only pass it to your local office where you live.

 

Tell TS that the FOS are not interested in complaints re the supply of legal documentation (if you can get that confirmed by them then pass that info on to TS) and tell TS to investigate fully.

 

Better to know if CL have something up there sleeve if possible IMO. Rather than later down the line. (Not that they will reply properly, if at all to a CPR request, but it's something else to add to your list of measures you have taken.)

 

Yep, check your credit files. They often mess about with them (default) without telling you first. Which they shouldn't of course.. but that doesn't stop them.

Edited March 12, 2009 by davey77

[angel_1]

thanks davey the voice of reason as always when i ramble on

 

need to go out now but will be back later to process stuff

 

have a fun day laters angelx,,,,

 

ps sending off a few comps today;)

[davey77]

You are going to have to add me to msn sometime so we can discuss the really serious issues at hand of strategy & technique.. no, not creditors: Winning competitions!

[angel_1]

hahahahha

cool,,,, dont have msn at the mo,,,,but will look into it

 

laters guys,,,and oh just opened my post and not relevant here but for mbna,,,,one of the credit cards been sold to cl and now lewis are requesting i send the full money to them,,,,oh blimey another one to look at later

 

 

never ending is this,,,,but i will survive im sure

 

angel x