Link claimform - old GE Money debt **CLAIM STRUCK OUT**

[diamondgirl]

Sleeping Dog you must be made of hard stuff - then again they say they only rang me 4 times - liars. Then again I'm the one with the smile on my face at the moment. Waiting for their response.

DG:D

[sleepingdog]

Hi FG & DG , I have been on the DCA merry go round for so long now that all the threats no longer worry me. My credit history is now shot ,so they can put what they want on my CRA file. I have been in court so often that I now enjoy it especially if I am able to claim costs, and even if I lose I laugh at the fact I will be long dead before the debts are fully paid off.

I used to be terrified of the phone ringing before I found this site and could not see any light at the end of the tunnel, now due to everyone on this site especially the site team I have been able to start rebuilding my life and not worry about the constant threats from DCAs, long live CAG.

sleepingdog

[AA99]

Hi FG & DG , I have been on the DCA merry go round for so long now that all the threats no longer worry me. My credit history is now shot ,so they can put what they want on my CRA file. I have been in court so often that I now enjoy it especially if I am able to claim costs, and even if I lose I laugh at the fact I will be long dead before the debts are fully paid off.

I used to be terrified of the phone ringing before I found this site and could not see any light at the end of the tunnel, now due to everyone on this site especially the site team I have been able to start rebuilding my life and not worry about the constant threats from DCAs, long live CAG.

sleepingdog

 

Well done everybody concerned Subbing with interest! GE Money/Carcraft sold my loan to Link:mad:

[Massamum]

Fantastic news DG, congrats and well done. Lets hope they crawl back under their stone quietly and leave you well and truly alone

[diamondgirl]

That would be nice but I dont think it likely.

DG

[diamondgirl]

Just a thought everyone the General Form of Judgment or Order from the Court says must make applications to set aside, varied or stayed within 7 days guess the 7 days are up now and past and not heard from the plonkers so I reckon I should hear something in the next few days from the court is that right?

GE only have 8 days left and their 40 are up I have a feeling I'm not going to get anything from them.

DG

[foolishgirl]

If the 7 days have passed since the order DG, & the court have not recieved anything from the other side, it should be struck out automatically as that is what the order says.

 

However courts are not always prompt in doing this so I suggest you phone them, point out the 7 days has elapsed, check that they haven't received anything from the claimant & ask that it be put before a judge asap for a strike out order. You should then get confirmation of this - case over!

[42man]

Great advice from Foolishgirl....give the court a call, and ask if it can be put in front of a judge to throw out, if they have heard nothing you could request a strikeout....as for the costs aspects, I'm not sure of the implications of a wasted costs order go with regard to 'unless' orders by the court, you may have to submit in writing these might help you - http://www.consumeractiongroup.co.uk/forum/legal-issues/134001-suggested-letter-where-claimant.html and http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136843-capquest-county-court-claim.html

[diamondgirl]

Hi all

 

Just rang the courts - they haven't heard a thing from Link so they have said it will stay as a strikeout - ONE FOR EVERYONE WITHOUT WHOSE ADVICE I WOULD PROBABLY HAVE BEEN CLOBBERED.

Thanks to all.

I'll now get more paperwork together (I'll give GE Money the other few days to supply me with the information) then I'll be back needing help regarding claiming interest etc., from them so we shall have some fun no doubt about it.

I suppose Link will sell this back or to some other monkey to try the same. I'm not worried about them now so bring em on.

All I need now is job offer to make my date complete.

ONCE AGAIN THANKS TO EVERYONE WHO HAS HELPED ME THROUGH THIS.

 

DG:D:D:D

[foolishgirl]

.as for the costs aspects, I'm not sure of the implications of a wasted costs order go with regard to 'unless' orders by the court, you may have to submit in writing these might help you - http://www.consumeractiongroup.co.uk/forum/legal-issues/134001-suggested-letter-where-claimant.html and http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136843-capquest-county-court-claim.html

 

Just rang the courts - they haven't heard a thing from Link so they have said it will stay as a strikeout - ONE FOR EVERYONE WITHOUT WHOSE ADVICE I WOULD PROBABLY HAVE BEEN CLOBBERED.

 

All I need now is job offer to make my date complete.

ONCE AGAIN THANKS TO EVERYONE WHO HAS HELPED ME THROUGH THIS.

 

Excellent news DG!!

 

You should def. go for wasted costs order as 42man suggests if it is permitted - make the monkeys pay in lost bananas.

I'm almost sure it is allowed but I've never used it with one. Suggest you ask TLD (PM him) if it's permissible with an unless order. It's really easy to apply for them & the worst they can say is 'no'.

 

Hope there's a job in the pipeline...FG

[diamondgirl]

A donation will be on its way shortly - as I'm skint it will be my first lot of JSA whenever it arrives.

DG:)

[diamondgirl]

Just got my statements from GE Money letter dated 16th taken 8 days to get here. Not got record of them all so they say.

Must be charges/interest I can claim off them eg how can you get

interest charge

deferred interest

[diamondgirl]

Just got letter and statements from GE Money - quick glance shows

Interest charge

Deferred Interest

Interest Charge

Interest Charge

Interest Charge

Account cover @ 1.50 per 100

all the above in just one month

Wonder what else I'll find when I really look through them.

Listed month in 2003, 4 months in 2004, 3 months in 2005, 4 months in 2006, 6 months in 2007, 1 months (Dec) in 2008 (now thats odd isn't it dont they know they were supposed to have sold it by then.) However they have been able to itemise what the card was used for during those months, how strange.

Amazing in the letter they actually state this is due to system issues and the data is not available. I appreciate this does not fully meet with yur requirements and apologise (yest apologise) for any inconvenience this may cause. This will be taken into consideration when making any calculations for a refund where applicable.

So if I add up what I've spent, add up all the interest they were charging, add the account cover up, any late fees per month - take away what was spent, what I'd paid them - bet the interest etc., is more than I've spent.

I assume thats basically the way to work it out.

Oddly enough the only mention of sold debt is 08 (this has been typed in the body of the letter) where it says payment received thank you next it says sold acct. rvs txn but doesn't say it's been passed to anyone.

Will come back to you when I've done my homework. Unless anyone can tell me how to work it out differently.

DG:)

[foolishgirl]

An item marked 'interest' is not an unlawful charge DG. It's the items marked 'late payment' or 'overlimit' etc that are reclaimable but sounds as though you may have quite a claim to calculate

[Toulose LeDebt]

Excellent news DG!!

 

You should def. go for wasted costs order as 42man suggests if it is permitted - make the monkeys pay in lost bananas.

I'm almost sure it is allowed but I've never used it with one. Suggest you ask TLD (PM him) if it's permissible with an unless order. It's really easy to apply for them & the worst they can say is 'no'.

 

Hope there's a job in the pipeline...FG

 

I don't know the score for the best approach to a wasted costs application hopefully somebody who does can pitch in.

 

 

Don't want to sound vindictive but should Diamondgirl not now be putting the boot fairly and firmly into Link Financial with a Section 10 Cease and desist or similar? Would hate to see the scumballs in a position to sell the account on to another pond feeder and the process start all over again.

[foolishgirl]

Good idea on the section 10 notification TLD. Do you need help with it DG?

 

Re. the wasted costs, unless anybody comes up with the definitive answer, I would be tempted to submit it anyway. The worst the court can do is a refusal & DG wouldn't have lost anything ( & may even gain )

[diamondgirl]

An item marked 'interest' is not an unlawful charge DG. It's the items marked 'late payment' or 'overlimit' etc that are reclaimable but sounds as though you may have quite a claim to calculate

 

I'm still going through the statements although GE admit they don't have them all it's looking like most charges have come as I went on the DMP.

DG:)

 

FG yes I will need help with the Section 10 and I'll go for the monkeys even if I'm told no chance it will help everyone in the long run if we have a go.

DG

[babybear39]

You'll find an S.10 notice here, item 4:

 

The Consumer Forums - Debt collectors

[foolishgirl]

And the advice/templateson applying for 'wasted costs' is here DG:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order-.html

 

Submit this to the court ASAP.

 

Don't forget you can charge for your time spent in researching, writing letters etc. as well as your tangible expenses like postage, photocopying etc. If you don't have an hourly rate at the moment, use the LIP's rate (think it's currently £9.50/hr). As long as your account doesn't exceed 2/3 that of a what a lawyer would charge, it's permitted - as long as the DJ agrees!

[diamondgirl]

OK briefly amended S10 as follows

 

Legal notice under the Data Protection Act 1980

 

 

To. The Data controller/Compliance Manager

 

Dear Sir/Madam

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980 I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and organisations. In addition to processing, this also means passing, ammending, sharing and management in any form of my Data in whatsoever filing, both manually or electronically.

 

In compliance with the Information Commissioners guidance I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

 

Specifically because;

 

1. My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files.

 

2. That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services.

 

3. That as a data controller/compliance officer you have a responsibility under the Data protection act to observe all principles set out therein within the act.

 

I expect an acknowledgement of your intentions to comply and if you do not agree, your reasons for being unable or unwilling to do so. I will give you 14 days to forward this to me in writing.

 

Under the Data Protection Act, a County Court has the powers to order compliance of any breaches it sees fit, together with compensation at the discretion of the court.

 

If you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance together with costs and compensation.

 

Yours faithfully

 

Anything else you think I should add please feel free to do so otherwise I'll post this off next Tuesday SP of course.

 

They have been quiet since the judge struck it out probably looking for some other idiots to take it on.

 

I'll go check out claiming my charges now.

DG:D

[diamondgirl]

And the advice/templateson applying for 'wasted costs' is here DG:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order-.html

 

Submit this to the court ASAP.

 

Don't forget you can charge for your time spent in researching, writing letters etc. as well as your tangible expenses like postage, photocopying etc. If you don't have an hourly rate at the moment, use the LIP's rate (think it's currently £9.50/hr). As long as your account doesn't exceed 2/3 that of a what a lawyer would charge, it's permitted - as long as the DJ agrees!

 

Thanks for that FG.

 

Ok just had a look at it, firstly as I've not received any letter I need to leave that out, yes?

Charges yes time, postage etc., fine

 

Now do I need to do this with a covering letter to the court or not?

Do I send a copy to the plonkers?

Hourly rate I think should be at least quadruple just to put pressure on them (I know, I know I can't charge that much ha ha)

 

Yours and everyone else help if very much appreciated.

 

I'm quite happy to send this off I'll see if the very very nice judge who struck it out will go in favour of me again.

DG;)

[babybear39]

Thanks for that FG.

 

Ok just had a look at it, firstly as I've not received any letter I need to leave that out, yes?

Charges yes time, postage etc., fine

 

Now do I need to do this with a covering letter to the court or not?

Do I send a copy to the plonkers?

Hourly rate I think should be at least quadruple just to put pressure on them (I know, I know I can't charge that much ha ha)

 

Yours and everyone else help if very much appreciated.

 

I'm quite happy to send this off I'll see if the very very nice judge who struck it out will go in favour of me again.

DG;)

 

A solicitor would charge you over £100 per hour

[diamondgirl]

I know but I don't think that I can put an hourly rate for all of us. Don't think that I would get away with that, do you!

[foolishgirl]

 

Now do I need to do this with a covering letter to the court or not?

 

Yes, you do & suitably grovelling eg. I apologise for taking up the valuable time & resources of the court but as I have been put to considerable trouble & expense by the claimant to defend a seemingly spurious & vexatious claim, I would ask the court to consider the enclosed application in recompense for my expenses in defending this claim. It needs wording better but you get the drift? (Sorry, not thinking straight today)

 

Do I send a copy to the plonkers?

 

No, they'll get told soon enough by the court if they are ordered to pay up.

Hourly rate I think should be at least quadruple just to put pressure on them (I know, I know I can't charge that much ha ha)

 

Tempting though it is, be careful, you don't want to be seen to be greedy (you stand more chance of getting the costs ) plus you might have to justify your hourly rate.

 

 

I'll see if the very very nice judge who struck it out will go in favour of me again.

 

Might not be the same one that deals with the application

 

FG

[diamondgirl]

Thanks for that, I will post my grovelling letter up before I send it needs a bit of thought.

Costs I am working on it.

Have a nice bank holiday folks.

DG:D