GE Capital Bank

[Mightyacorn]

My wife has accounts with Dorothy Perkins and Wallis, both of which are GE Capital Bank.

On 20th January this year, I posted by recorded delivery CCA requests to GE Capital seperate letters for both of them.

I have checked the Track and Trace on Post Office website and both letters were delivered on 21st January.

 

1)This morning my wife received for GE Money a letter regarding the Wallis account which in a nut shell says, we are returning your letter requesting CCA but as you have not provided a signature with the letter we are unable to deal with your request, please sign the letter and return when we will then action it.

 

2) This morning she also received a letter dated 23rd. January, from Howard Cohen , sols from Cleckheaton regarding the Dorothy Perkins Account "NOTICE OF ASSIGNMENT" we hereby give you notice of that GE Capital Bank of R?O Agar Street, London, have by an assignment dated 21st January, 2009 and made between GE and CL Finance assigned to CL Finance absolutely a debt in the sum of.....

 

3) She also recived a letter from GE Money dated 26th January basically saying thank you for your CCA request, but sorry nothing to do with us as it's been passed to CL Finance, and further requests should be sent to the Administer of the account Lewis Debt Services, Cleckheaton.

 

4) She also received a Court Claim Form issued by Northampton CCBC dated 26th January, 2009 Claimant CL Finances, address for payments etc., Howard Cohen Sols of Cleckheaton.

 

Right, advice please.

 

1) Can they refuse to provide CCA without signature?

 

2) Can they assign after the request for CCA (clever here, GE assisgn the same day as they receive the request)

 

3) Who do we write to for pre hearing evidence GE Money, GE Capital Bank, CL Finance, Howard Cohen or Lewis Debt Services?

 

Any help gratefully received.

 

I have tried to copy letters ih the past and even used photobucket but they always finish up so small you can't read them.

[maroondevo52]

Hi,

 

I'll move this thread to the DCA Forum, hopefully you'll get help in there.

 

Regards.

 

Scott.

[version302003]

hi mightacorn,

 

1) No they can't refuse a cca request due to no sig, write to them telling them the clock is still ticking and they previously sent you statements etc to that account so they know exactly who you are.

 

2) Bit more tricky as they did it before then 12 working days were up. Was the account in arrears or anything similar?. Not sure on that one.

 

3) if you want info under the CPR then it is Howard Cohen Sols of Cleckheaton as they are dealing with the court claim (their address should be on the form you recieved)

[Mightyacorn]

Thank you, Yes the accounts are in arrears, my wife went to CAB for advice, but although she has no income (she was self employed, but her business has gone bust) they say they cannot help because of my income.

[Mightyacorn]

CPR'd Howard Cohen, received reply today,

 

"We are not obliged to provide this information, and would advise that the particulars of claim detailed in the County Court Claim Form should be sufficient to allow you to respond accordingly.

Please reply to the claim form immediately. Please refer to the Claim Form for details of the time limit by which you are expected to respond. Failure to do so will result in a Judgement being entered without reference to you."

 

 

Advice please on how to respond to Mr Cohen. We have, of course, already sent the Acknowledgement of Service and that she intends to defend the claim.

[Mightyacorn]

Bump

[Mightyacorn]

It would seem to me that Cohen's are entering sufficient details on the Claim to cover POC requirements under CPR 16 and then using that to defend their failure to provide information under CPR 31.

[PGH7447]

Hi dont know how far you are with this but here are my 2pennies worth

 

My wife has accounts with Dorothy Perkins and Wallis, both of which are GE Capital Bank.

On 20th January this year, I posted by recorded delivery CCA requests to GE Capital seperate letters for both of them.

I have checked the Track and Trace on Post Office website and both letters were delivered on 21st January.

 

1)This morning my wife received for GE Money a letter regarding the Wallis account which in a nut shell says, we are returning your letter requesting CCA but as you have not provided a signature with the letter we are unable to deal with your request, please sign the letter and return when we will then action it. use this letter

 

Debt:: Letter Templates - Consumer Wiki

 

2) This morning she also received a letter dated 23rd. January, from Howard Cohen , sols from Cleckheaton regarding the Dorothy Perkins Account "NOTICE OF ASSIGNMENT" we hereby give you notice of that GE Capital Bank of R?O Agar Street, London, have by an assignment dated 21st January, 2009 and made between GE and CL Finance assigned to CL Finance absolutely a debt in the sum of..... Ok they assigned this around the same time, however thy are still the OC as far as you were concerend so the CCA request still stands

 

3) She also recived a letter from GE Money dated 26th January basically saying thank you for your CCA request, but sorry nothing to do with us as it's been passed to CL Finance, and further requests should be sent to the Administer of the account Lewis Debt Services, Cleckheaton. - See above, and did they send you a NOA

 

4) She also received a Court Claim Form issued by Northampton CCBC dated 26th January, 2009 Claimant CL Finances, address for payments etc., Howard Cohen Sols of Cleckheaton. - Too fast by half, they cant possibly send a court claim if they only sent you the NOA on the 21st, I would write to ClueLess finance and demand their complaints procedure, and also remind them that a cca request is outstanding. also did they send you an LBA

 

Right, advice please.

 

1) Can they refuse to provide CCA without signature? No

 

2) Can they assign after the request for CCA (clever here, GE assisgn the same day as they receive the request) No

 

3) Who do we write to for pre hearing evidence GE Money, GE Capital Bank, CL Finance, Howard Cohen or Lewis Debt Services?

 

Any help gratefully received.

 

I have tried to copy letters ih the past and even used photobucket but they always finish up so small you can't read them.

 

Have you acknowledge the claim?

[PGH7447]

It would seem to me that Cohen's are entering sufficient details on the Claim to cover POC requirements under CPR 16 and then using that to defend their failure to provide information under CPR 31.

 

can you post or type up the PoC, also the default notice

 

HC never respond to a cpr request they think they are above that

[creditcardmug]

Hi. can we get a few details,

 

What is the date on the claim form?

Have you acknowledged service saying you intend to defend all of the claim, did you do this within 14 days of the claim?

Can you post up the Particulars of Claim, minus anything which could identify you

 

Sorry PGH....posts crossed

[Mightyacorn]

Hi PGH7447

 

Yes acknowledged claim, and now filed defence.

 

No LBA on either Account, and LOA only came from HC and not from either GE Cap or CL.

 

Just reading letters now, received after Claim form from HC. Claim form states £946.30, and letter staes " You will by now have received a County Claim in the abov matter. We require payment of the sum due in the Cliam of £1071.30 IN FULL, failing which we shall seek judgement against you" and then an explanation of what happens should judgement be entered against her.

 

Other account letter states same thing only Claim for £753.73 but if she pays £860.73 IN FULL etc., etc.,

 

Surely this amounts to an unfair practice?

[PGH7447]

Hi. can we get a few details,

 

What is the date on the claim form?

Have you acknowledged service saying you intend to defend all of the claim, did you do this within 14 days of the claim?

Can you post up the Particulars of Claim, minus anything which could identify you

 

Sorry PGH....posts crossed

 

No CCM your more clued up on this court malarkey, I was just trying to help:)

[PGH7447]

Hi PGH7447

 

Yes acknowledged claim, and now filed defence. Embarrassed I hope

 

No LBA on either Account, and LOA only came from HC and not from either GE Cap or CL.

 

Just reading letters now, received after Claim form from HC. Claim form states £946.30, and letter staes " You will by now have received a County Claim in the abov matter. We require payment of the sum due in the Cliam of £1071.30 IN FULL, failing which we shall seek judgement against you" and then an explanation of what happens should judgement be entered against her. - this is their standard threat-o-gram

 

Other account letter states same thing only Claim for £753.73 but if she pays £860.73 IN FULL etc., etc., what you have 2 court claims?

 

Surely this amounts to an unfair practice?

 

In my opinion yes but in Howard cohens practice normal rules dont seem to apply

 

Make sure you have all the letters sent by these people and all your stuff and arrange in date order so if it does get to court you can show the judge how these SL*** B***S work

 

and I am sure CCM will point you in the right direction, the same as he did for me

[creditcardmug]

Unfair practice, as pgh says is the norm with CL im afraid:(

Do we have two separate claims here, or have they lumped them together?

 

Can you post up the POC (s), Defence (s)?

[Mightyacorn]

Apologies for the delay,

Two seperate claims, here's the first:-

Howard Cohen One pictures by mightyacorn2008 - Photobucket

 

and the defence:-

 

http://s461.photobucket.com/albums/qq331/mightyacorn2008/HC%20Defence%20one/

 

 

Second one :-

 

http://s461.photobucket.com/albums/qq331/mightyacorn2008/Howard%20Cohen%20Two

 

Acknowledgement sent on this one just writing defence.

 

It may well be that there is an enforceable CCA for both of these accounts as the first was started 24/01/05 and the second 06/04/06, but obviously won't know until sight of them. But even if they are legal CCAs I am disturbed at HC's action.

Edited February 25, 2009 by Mightyacorn
Update

[PGH7447]

the dates are very tight on these, and with no LBA I think these are dodgy to say the least

[creditcardmug]

Defence looks good, wait for AQs now then, You can insist on the deed of assignment being produced as well then.

 

PS cohens seem to be putting a lot more into their POCs these days....wonder why:rolleyes:

[Mightyacorn]

It would seem to me that Cohen's are entering sufficient details on the Claim to cover POC requirements under CPR 16 and then using that to defend their failure to provide information under CPR 31.

 

 

Thanks CCM, I sit in eager anticipation