GE Debenhams store card sold to CL finance

[beachcomber60]

Hi everyone,

 

Not been around for awhile, Mrs B just had surgery so have been busy 'house husband'.

 

Not to confuse things on previous posts (they relate to OH account).

 

At the same time as they issued a DN to OH, I also had one but unlike OH they didnt issue a court claim immediately after the expiration of the DN & since receiving a demand for 'full payment or else' letter from their solicitors I have been playing letter ping pong.

 

Made a request for information under CPR31:16 - which they are in breach of, I have received their latest -

 

'The claimant draws your attention to the following authorities on which they intend to rely upon to seek satisfaction of the outstanding debt owed by you.

 

His Honour Judge waksman QC in the Manchester District Regisry Merchantile Court on 23rd Dec. 2009; Carey-v-HSBC, Citation Number(2009) EWHC 3417 (QB).

 

The decision of The Honourable Mr Simon Brown QC, Claim nos:8BM40009-13, in the High Court Queens Bench Division, Birmingham.

 

His Honour Judge Roderick Denyer QC in the Bristol County Court on 25th May 2010: American Express Services Europe PE Limited-v-Ian Karl Brandon [2010] unreported, Claim Number: 9JU75140.

 

Your allegations regarding your agreement have been noted. However the credit agreement provided clearly shows your name and address, which is the only document that needs to be supplied.

 

The agreement is in its true form signed by you which contains the terms & conditions in the prescribed form (seperate T&C's which cannot be linked to the (bad) microfiche copy, also mentions the infamous Clause 5which doesnt exist). The Claimant has satisfied "The Agreed Principles" laid sown by his Honour Judge Waksman at paragraphs 173-174 of the decision on Carey-v-HSBC (2009) EWHC3417 (QB).

 

Further to your part 18 request for information, the claimant is at a loss as to why you require this information as you have been provided with all the necessary information in relation to your account.

 

Please refer to your statement account for details of any insurance premiums paid

 

Statements of account were sent to you on a monthly basis (SAR to GE/Santander lots of missing statements, no agreement (account too old) no T&C's for either Agreement or PPI).

 

It has been further noted that you still have an alleged unresolved dispute regarding unlawful charges and mis-selling of payment protection insurance. However you have failed to disclose any further evidence to quantify you allegations. You are therefore put to strict proof of any alleged disputes.' (Take it they require copies of GE/Santander bog off letters - FOS wouldn't touch it (not regulated at the time) & I was told by the FOS that the only course open to me was through the Courts.

 

Would value other CAGGERS views & input on this letter.

 

Beachy

[DonkeyB]

They have indeed satisfied the Waksman principles – but those principles were explicitly for the satisfaction of a S77-79 request, NOT for enforcement – they are 100% wrong.

 

The use of the Rankine case is questionable, as this was a case about the Rankines asking for agreements to be declared unenforceable – not the other way round.

 

And the Brandon case is under appeal – this relates to a very specific set of circumstances anyway.

 

Pure legal tosh, and shameful in its twisting and manipulation of the facts – and downright fibbing – if that has come from a solicitor.

 

Sadly, judges are increasingly falling for this rubbish when it comes from the mouth of a barrister (who should know better) in court. That’s why I’d always recommend legal representation if you have to face this kind of nonsense in court.

[beachcomber60]

Thanks DonkeyB,

 

Yes it came from no less then Mr Cohen outfit.

 

Beachy

[TINK660]

I'm afraid there is still nothing to report on this one, it is still with the FOS, apparently there are some issues with going after the insurance provider when the original creditor wasn't regulated. They have said that they will update me by 31st January - but nothing yet. I have been preoccupied lately due to sons illness but and going to get back on track now. I have two complaints that have been with the FOS for approximately 18 months and both companies were unregulated at the time of my agreement - one is GE and one is Paragon. Has anyone had any experience of going down the court route as I feel that this may fast be becoming my only option now.

[tedney]

BC,

 

This MAY help, if not just for reading material.

 

GE Money PPI POC***WON*** - The Consumer Forums

 

HelloAny update on this please? I could not get this link to work. Have a Debenhams store card taken out in 1985, and want to pursue PPI claim.Thankst

[ims21]

HelloAny update on this please? I could not get this link to work. Have a Debenhams store card taken out in 1985, and want to pursue PPI claim.Thankst

 

You would be best to start your own thread in the PPI forum

 

ims