GE Debenhams store card sold to CL finance

[beachcomber60]

Yeap, was trying to deal with them one at a time but thought what the heck, hit them all at the same time - saves so many journeys to the PO, it's a pity we have to do everything by recorded delivery to prove they receive our mail.

[sunflower99]

Hi Beachy!

Yes i am getting to be on first name terms with the post office staff! LOL I think they get to know us we are having wars with banks! Though i do remember one curious man at local post office who was dealing with a recorded missive i was sending to crapital one!He asked me if i was applying for one of their credit cards!:eek:I said noooooooooo! not likely!

[beachcomber60]

Funny you should say that.

 

I was done the PO a couple of weeks ago to send letters to barclayshark, sent two - one for visa & one for master, woman behind countr said it'll be cheaper to put both in one envelope - I said nop! there's more then one page and they can't read more then one, to which she replied 'Oh bless 'em , what they like hey'

 

Sums it up really don't it!

[sunflower99]

Funny you should say that.

 

I was done the PO a couple of weeks ago to send letters to barclayshark, sent two - one for visa & one for master, woman behind countr said it'll be cheaper to put both in one envelope - I said nop! there's more then one page and they can't read more then one, to which she replied 'Oh bless 'em , what they like hey'

 

Sums it up really don't it!

LOL! :D:D

[beachcomber60]

Decision time !

 

But a query first before I take the step

 

1 SAR to GE -replied information will by supplied within four weeks

 

2 CCa request to CL - absolutely no acknowledgement, one month expired

 

3 CCA reminder to CL - still absolutely nothing & the extra time given has also expired

 

Now if I go ahead and do as TLD recommends and refuse any more payments to CL a court order will be here within a week, ok not a problem by what I ve read on the forum.

 

My query is that if I suddenly stop paying CL on the grounds that they have not complied with my request, would I be looked at by the courts that I had accepted the debt & NoA from CL as I have been paying them direct since Dec. & not GE?

 

Just a little confused as to how the courts would react to a potential claim which I would defend.

 

Beachy

[creditcardmug]

Decision time !

 

But a query first before I take the step

 

1 SAR to GE -replied information will by supplied within four weeks

 

2 CCa request to CL - absolutely no acknowledgement, one month expired

 

3 CCA reminder to CL - still absolutely nothing & the extra time given has also expired

 

Now if I go ahead and do as TLD recommends and refuse any more payments to CL a court order will be here within a week, ok not a problem by what I ve read on the forum.

 

My query is that if I suddenly stop paying CL on the grounds that they have not complied with my request, would I be looked at by the courts that I had accepted the debt & NoA from CL as I have been paying them direct since Dec. & not GE?

 

Just a little confused as to how the courts would react to a potential claim which I would defend.

 

Beachy

 

No not at all, don't worry on that score, the court is interested in the facts, i.e. do you owe the money, and can they prove it (with valid documents)

[beachcomber60]

Thanks CCM,

 

Spent the afternoon reading the various CL threads, they seem to be very reckless in their actions.

 

Beachy

[beachcomber60]

Now here's a twist !

CL say they own the debt andhave provided a Notice of Assignment (nothing from GE Money to confirm this), Ive cca'd CL for the agreement but they are now seriously in default.

 

Now, out of the blue I have received a letter from GE saying that they need to review my payment plan with them & need to complete an I &E form, so who actually own the debt - GE or CL?

 

Beachy

[diamondgirl]

I've had nothing from CL on an Evans account and I've been paying that direct to CL they just seem to have a law unto themselves. I'm waiting till they start threatning me. (The Evans account is a GE account as well).

GE (BHS account) I SARd them and all they produced was statements a letter saying I had defaulted by 1p YES 1p you guessed it no NoA nothing not even a proper default notice. I've been paying them direct yet LINK said they had bought it one statement from GE shows sold but the payments I've been making are there. Anyway Link got a flea in the ear judge struck it out coz they didn't have the info I wanted either.

As CL are well and truely defaulted send them an account in dispute.

I did send an I&E to GE on my BH account next thing Link had bought it.

Don't think any off them know what the hell they are doing.

Think someone else could do with advising whether to send an I&E but I'd send the dispute letter and stop paying if I was you. Especially as CL say they own the debt, two of them can't own it at once I don't think.

I got a letter from Crapone today so I'm going to do a new thread on that in the next couple of days.

DG:)

[beachcomber60]

I've had nothing from CL on an Evans account and I've been paying that direct to CL they just seem to have a law unto themselves. I'm waiting till they start threatning me. (The Evans account is a GE account as well).

GE (BHS account) I SARd them and all they produced was statements a letter saying I had defaulted by 1p YES 1p you guessed it no NoA nothing not even a proper default notice. I've been paying them direct yet LINK said they had bought it one statement from GE shows sold but the payments I've been making are there. Anyway Link got a flea in the ear judge struck it out coz they didn't have the info I wanted either.

As CL are well and truely defaulted send them an account in dispute.

I did send an I&E to GE on my BH account next thing Link had bought it.

Don't think any off them know what the hell they are doing.

Think someone else could do with advising whether to send an I&E but I'd send the dispute letter and stop paying if I was you. Especially as CL say they own the debt, two of them can't own it at once I don't think.

I got a letter from Crapone today so I'm going to do a new thread on that in the next couple of days.

DG:)

 

Hi DG,

 

Defaulted over a PENNY! Are they desperate or what?

 

Thanks for your reply, Ive been looking round the forum regarding CL - seem to throw their weight around a bit but then screw everything up through no paperwork etc etc.

 

I've got an SAR out to GE so be interested in what that contains when it arrives, as you say they both can't 'own' the debt. I've been pretty reasonable with CL regarding my cca in that Ive given them extra time to produce it, however, they have completely ignored my correspondence.

 

No one else has dropped by since your post, although TLD advised me to stop paying CL immediately, I didn't want a court case at the moment due to bigger fish that I'm chasing, however I think this now inevitable (depending what's in the SAR when it arrives).

 

Best of luck with Capone - now THATS another story

 

Beachy

[F_DCAs]

My details have been through five separate DCAs so far. I've not received a single NOA in regards to any of them.

[meerkatsmimm]

Hi Beachy,

 

Having a late read here and falling asleep between pages, but its far too interesting to go to bed now!

 

We are in a very similar situation to you although ill give you our brief timeline.

 

- Debt with GE over store cards, send CCCS I&E and they eventually accept £1 per month token payments.

 

- Find CAG (Thank God!) and after 1 months token payments send CCA request for all accounts.

 

- While waiting for response to CCA request, get a letter for each account from GE Money, a hand signed one at that, stating that we owe them 'no monies' and that for this reason they do not have to provide any CCA, and they return the fees. In this letter they say any information should be requested from CL Finance, give their address - but do not mention who they are or why my account has anything to do with CL.

 

- CL then send a letter stating that the 1st account was assigned to them almost 1 month before the letter from GE came back to me stating I owed them 'no monies', but they would continue with the agreed plan. They also sent two more letters the same day, making reference to our correspondance with them, asking them to continue with our agreed plan with GE Money - Very strange when we had never knew of their existance before now!

 

- CCA'd GE again and also CL, making it clear their dates were quite strange (given that our first letter from them was after the timeframe allowed for GE to provide the CCA response and effectively the account was in disupute) and that the token payment was paid without prejudice but the account was in dispute.

 

- More letters from GE stating again we 'owed GE Money no monies' and reffering back to CL, but with no explanation as to why CL should be contacted.

 

- NO Default Notice from GE Money and no NOA from GE Money at any time. CL Finance NOA came at the bottom of a letter sent 2nd class post, like yours.

 

- So with all accounts in dispute due to recieving no Credit agreements from GE or CL (for two months almost since GE's was first requested) we get the other accounts NOA from CL Finance.

 

Not sure if you had any response from GE Money for a CCA, but we have been advised that they have pretty much shot themselves in the foot with this one. Admitting that we owe them no money means that the debt is settled, so why are we being chased by CL and who are they?

 

We too have been paying them and only because we have other debts that are not working with us (BC and Mercers especially). However, also find it strange that GE Money accepted payments for an account in the month that they said they no longer owned it!

 

CL even managed to credit our clearly written on cheques requesting CCA's, to our accounts! A brief phone call had them apologising for a mistake that they were apparently aware of, and that the Credit Agreements would be on their way to us. That was 2 weeks ago.

 

Having had enough of the messing and double standards, today we have SAR'd GE money (they owe us more in miss-sold PPI and charges than is currently owed in the total of the accounts!) and CPR'd both CL and GE Money for all of the accounts. A special letter has also gone to CL, making it clear that since we owe GE no money, who are they and what are they asking us to pay for, as the debt is clearly settled?

 

These DCA's are all very strange and it wouldnt surprise me if GE come back on the scene with us - however, we owe them no money apparently and I have 8 hand signed letters from them claiming the same thing, so heres hoping!

 

Good luck with your fight with them and keep up the good work so far x

[foolishgirl]

GE & CL seem to work hand in glove but unfortunately it's not very easy to tell if they have the gloves on the correct hands.

 

Sometimes CL will say they have been assigned the debt but then fail to come up with a NOA, other times they just act as collection agents for GE in which case, you could continue to deal with GE & ignore CL. In the absence of a NOA, this would be my plan.

 

Your action in issuing SAR & CPR is spot on meerkat. My guess is that CL will clear off.

[meerkatsmimm]

I hope so FG,

 

But GE clearly state to me that I no longer owe THEM any money on these accounts, so if it does get passed back, then where can they go from there?

 

And they wonder why the Debt collection industry has such a terrible reputation when they act as though they own something they could well not do.

 

Not only this, my GE listing on my experian account has changed to CL Finance, although still showing the same amount of late payments - which makes me think this is GE in disguise as they shouldnt be showing 3 late payments to an account they have just taken over!

[foolishgirl]

Suggest you wait for your SAR & CPR responses to come through, you will then be in a better position to judge what may have happened with your account. I suspect that GE has passed it to CL with no assignment so it could just be passed back again to GE with you as piggy in the middle.

 

BTW it will still show on your credit file as a default & missed payments even if now with CL's name against it, although it shouldn't have changed to CL without an assignment but it does happen

[meerkatsmimm]

I hope it gets passed back to them FG, I would take great delight in standing up in court with their hand signed letters stating I owe GE 'no monies', but yet theyve brought me to court stating I do after all!

 

Even an unsympathetic judge couldnt argue with them writing the debt off like that.

[nicklea]

 

- While waiting for response to CCA request, get a letter for each account from GE Money, a hand signed one at that, stating that we owe them 'no monies' and that for this reason they do not have to provide any CCA, and they return the fees. In this letter they say any information should be requested from CL Finance, give their address - but do not mention who they are or why my account has anything to do with CL.

 

Not sure if you had any response from GE Money for a CCA, but we have been advised that they have pretty much shot themselves in the foot with this one. Admitting that we owe them no money means that the debt is settled, so why are we being chased by CL and who are they?

 

Unfortunately, this is wrong. GE Money have not shot themsleves in the foot. They are quite correct when they say that you do not owe them any money. This is because they have sold the debt to CL, so it is CL that you owe the debt to not GE. Since you owe no money to GE they are not required to respond to a s77/s78 request.

 

I suspect that GE has passed it to CL with no assignment so it could just be passed back again to GE with you as piggy in the middle.

 

meerkatsmimm quite clearly said that she had received a NOA and the fact that the cra file has been changed to CL shows that.

 

By the way there is nothing to stop CL selling your debt back to GE at any point in the future. Actually, most assignments specifically allow for this to happen when, for example, the debtor disputes the debt.

 

Hope this helps

 

nicklea

[nicklea]

My details have been through five separate DCAs so far. I've not received a single NOA in regards to any of them.

 

You will only receive a NOA if the debt is sold to the dca. If the OC is just using the dca to collect on it's behalf then it hasn't been sold to them so you won't get a noa

[meerkatsmimm]

Hi,

 

just to clarify.

 

I received a letter from CL with a box on the bottom third of the page stating it was the 'notice of assignment'. This was for all accounts.

 

however, only one of the accounts was 'assigned' before the date of the letters from GE stating that there was nothing owed on the accounts.

 

My understanding on this would be - as a result of dates on letters not correlating - the one account where the assignment happened before the letters from GE is still a valid debt, even though I never received a notice of assignment from GE, just CL, who until they can prove otherwise could be my neighbour sending me a letter saying the debt had been assigned to them!

 

In the case of the other accounts - the letters from GE saying no money was owed on the accounts were dated in March 2009, and the dates CL have given for assignment were in April - therefore GE assigned debts to CL which they had already written off as far as I'm concerned - is this not right?

 

How can CL chase me for debts on accounts which they didn't purchase until April 2009, when GE had already said that those accounts had no money owing on them in March 2009?

 

Perhaps I'm naive in my thinking - someone can maybe put me right on this?!

 

meerkatsmimm

[beachcomber60]

I started this thread to question CL's NoA as I've not received anything from GE to say that it's been Assigned to, sold to & passed to CL for collection.

 

CL has been sent a cca request which they failed to respond to, I then sent them a reminder that they have defaulted on my request - again this has bee ignored also.

 

I have sent GE an SAR to which Iam awaiting the supply of all documents requested, however, GE have just sent my an I&E form to complete as the low payment agreement is up for review.

 

Just wanted to clarify this thread.

[meerkatsmimm]

Hi BC,

 

Not trying to hijack your question - I also want that answered, which is why I subbed.

 

Does notice of assignment not need to come from original creditor?

[I've got no money]

Hi,

 

just to clarify.

 

I received a letter from CL with a box on the bottom third of the page stating it was the 'notice of assignment'. This was for all accounts.

 

however, only one of the accounts was 'assigned' before the date of the letters from GE stating that there was nothing owed on the accounts.

 

My understanding on this would be - as a result of dates on letters not correlating - the one account where the assignment happened before the letters from GE is still a valid debt, even though I never received a notice of assignment from GE, just CL, who until they can prove otherwise could be my neighbour sending me a letter saying the debt had been assigned to them!

 

In the case of the other accounts - the letters from GE saying no money was owed on the accounts were dated in March 2009, and the dates CL have given for assignment were in April - therefore GE assigned debts to CL which they had already written off as far as I'm concerned - is this not right?

 

How can CL chase me for debts on accounts which they didn't purchase until April 2009, when GE had already said that those accounts had no money owing on them in March 2009?

 

Perhaps I'm naive in my thinking - someone can maybe put me right on this?!

 

meerkatsmimm

 

This is slightly complex:-

 

1. The NoA does NOT have to be from the OC - it can be either from the Assignor or Assignee (Holt v Heatherfield Trust Ltd [1942] 2 KB 1

 

2. If CL say that a debt has been assigned to them and the original creditor are still pursuing it - then S136 (1) Law of Propety Act says that if proceedings are issued that you can require the OC to become involved

 

3. You say that GE said that the debts were paid off or written off - exactly what did the letters say - was that accurate or was it a mistake by GE - was there a balance one month that suddenly disappeared the next...I would have thought that if CL issued procs that you could defend on the basis, in addition to the usual stuff, that nothing was owing and use the GE letter as evidence

[beachcomber60]

I didn't mention hijacking the thread - I'm concerned that our issues (which are justified) may become confused with fellow CAGGERS giving us advice.

 

I have been told that the OC has to also issue a NoA (by hand or recorded delivery).

[I've got no money]

I didn't mention hijacking the thread -

 

I have been told that the OC has to also issue a NoA (by hand or recorded delivery).

 

The NoA has to come from either the OC (Assignor) or the new creditor (assignee) - yes it has to be in writing and UNLESS you admit receiving it they have to either serve it personally, bring it to your house personally OR send it by registered post

[I've got no money]

Personal Service involves someone physically handing the Notice to you.

Bringing it to your house - involves someone, usually an enquiry agent, bringing the Notice to your last known address and leaving it at the premises