GE Debenhams store card sold to CL finance

[beachcomber60]

Perhaps someone could confirm? I seem to remember reading somewhere on the forum that when a creditor sells a debt to a dca both the creditor & dca have to inform the debtor (how I hate that word!), I set up an agreed payment plan with GE over a Debenhams store card, after making a couple of monthly payments to GE I suddenly got a NOA from a firm called CL Finance informing me that they had bought the account from GE & that all payments should be made to them. I have not received anything from GE.

 

As I know there are considerable charges on this account it is now my next battle.

 

Thanks in advance.

 

Beachy

[beachcomber60]

It should be the OC that provides the NOA, otherwise anybody could write to you & say they want your money.

 

I have used the 'I do not acknowledge this debt, please prove it' letter on similar occasions:

 

Ref: xxxxxxx

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I do not acknowledge any such debt & require any evidence of such.

In particular, under the Consumer Credit Act 1974 (Sections 77−79), I request a true copy of any credit agreement between myself & any client you are representing to be supplied to me within 12 working days as specified in the above Act.

You are notified that you are legally obliged to supply these documents, whether you are the original creditor or not.

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I also request a signed true copy of the Notice of Deed of Assignment of any above referenced agreement & your confirmation as to whether it was absolute or equitable.

Furthermore I draw your attention to The Office of Fair Trading Debt Collection Guidance that states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question & that under the Guidance it is unfair to pursue third parties for payment when they are not liable.

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods & continuance of this action will leave me with no option other than to report this incidence to the OFT & Trading Standards Dept.

 

I look forward to your reply.

 

Send £1.00 PO (not cheque), do not sign the letter (print or use digital signature) & send Rec. Del.

 

 

Suggest you also send a SAR to GE (cost £10.00) for statements relating to your account & put your claim in asap.

 

Thanks for that, the NOA definately came from. CL nothing from GE & have not received a DN on the account.

 

The may be a problem challenging them, as this came about before I came across CAG payments have been made to CL.

[beachcomber60]

Morning Lilley,

 

Going after charges (theres been plenty over the years), but read somewhere about NOA's, so checking about enforceabilty of the agreement, took card about '96-'98.

 

Not SAR yet but sending cca to CL tomorrow to start the ball rolling.

[beachcomber60]

This raises a question that popped up in UK26's thread about charges.

 

IF CL claim they have brought the debt and all the rights to it, you should chase them for the charges.

 

I would send that excellent letter from Foolishgirl to assertain if they 'OWN' the debt, If they do, you should start Court Proceedings against them for the return of the charges. This will stop them buying 'BAD' debt

 

Jogs

 

Thanks Jogs,

 

That'll be the one going in the post tomorrow then.

 

Beachy.

[beachcomber60]

Hi everyone

 

Wish I'd seen Foolishgirls letter much earlier then perhaps I would not have received county court papers from Link so quickly. I have learnt a lot from the links I have read in this forum. I only found out about the forum by chance when looking on the n et. I really wish I'd found it soon.

 

Hi DG,

 

Yes like you, I came across CAG by accident, to be honest I dont know where we'd be if it wasn't for this fantastic forum & fellow Caggers.

 

After losing 75% of our combined salary Mrs Beachy & I were at wits end, NDL were helpful but we needed something stronger to stand our ground against certain creditors and the morons they use. Gradually standing up to them one by one.

 

Beachy.

[beachcomber60]

Should I be surprised?

 

12+2 days have well & truely passed, no cca or confirmation of the NOA from CL in fact absolutely NOTHING noteven an acknowledgement of my request, good job it was sent recorded!

 

Beachy

[beachcomber60]

Ta - not too negitive over it.

 

When GE/Debenhams 'sold it' to CL said that they would honour the payment arrange we had we GE, nothing from GE to say that they had sold the account & on CL statements there's a little box stating their notice of assignment.

 

As I mentioned they are now in breach of my cca request so I take it that if it is challenaged in anyway I can expect a court order fairly quickly?

 

 

Beachy

[beachcomber60]

Hi DG,

 

CL are now in clear default over my CCA request, starting to sense sumfin wrong here.

 

Went through all correspondence last evening, seems one minute GE/Debenhams agreed a payment plan and the next thing CL appeared stating all payments should be made direct to them as they now own the debt - no default notice or assignment letter from GE (hence the little notice on CL's statement saying they had been assigned the debt from GE).

 

Been paying them since Oct '08, but as I have been dealing with bigger problems I had them on the back burner, however, its now time to look at charges & PPI on this account - I know there are plenty, thought the first step was to get the cca, if CL owned the debt it should be straight forward as it was fairly recent 'assignment', starting to wonder if indeed they do own it or just collecting it on GE's behalf.

 

I get the impression from looking around the various CL threads that if you upset them in anyway they go straight for a ccj via Cohen's, either wat it needs to be challenged, SAR to GE/Debenhams tomorrow me thinks.

 

Beachy

[beachcomber60]

Still nowt from CL, sent full SAR to GE/Debenhams so await their response.

 

Nor sure what to do regarding CL, remind them or withhold payments as they have not responded to my cca request (if they own the debt, as they say they do, suppying the cca shouldn't be a problem).

 

OH doesn't want me to stop payments, as by what we've read on the forum CL are pretty quick in issuing court claims, which we could do without at the moment.

 

Beachy

[beachcomber60]

Thanks TLD, sorry for taking so long to respond to reply.

 

Better prepare for a court claim from them, looking around they seem careless in takings peeps to court.

 

Beachy

[beachcomber60]

Have attached scan of what CL sent, they used UK Mail (why do dca's & creditors use this method as I have found that the date they write the letter to actual delivery is an average of 10 days ! !) it wasnt sent recorded delivery & I have received absolutely nothing from GE relating to it being assigned to CL.

 

http://i367.photobucket.com/albums/oo112/beachcomber49/scan0012.jpg

 

Was I right in sending CCA request to them, way outside the 12+2 days and have had no acknowledgement, although sent recorded so I know they received it.

 

Sent SAR to GE, plenty of penalty charges and I believe PPI until I got it stopped.

 

Beachy

[beachcomber60]

They can't even provide the cca let alone the NoA!

 

Anybody notice that the amount assigned is blank?

[beachcomber60]

"....claimants are prepared to have their case struck out rather than disclose the assignment."

 

Sounds good to me, especially as I cant get the cca either, taken out 1997 - 1999 approx.

[beachcomber60]

To bring this up to date, CL have not responded within 12+2 days to provide the cca - not even an aclnowledgement, to show I was acting reasonably I wrote reminding them of their obligations under a request for my cca & gave them another 7 days in which to provide it - again completely ignored, nothing, nowt, zilch.

 

SAR sent to GE Money and they have acknowledged my request for ALL information/statements etc. and should have it within their estimate of 4 weeks.

 

Beachy

[beachcomber60]

Bump for advice #44

 

What's the best way to get CL to comply without sending them into a hissy fit & them issuing court papers via their 'partners', don't mind going to court but not ready yet as too busy with Capone & Barclayshark/Mercers the Merciless at the moment to open up a third battle line.

[beachcomber60]

Mornin' SF

 

Yeap CL have ignored both my requests so I may wait for GE sar response before I decide which way to play this one out, either try The 31.16 route or stop payments & let them take me to court & screw it up in the process, by what I read it's quite common for them to mess it up.

 

Store card is soooooooo old that I wonder if the cca still exsists!

 

Beachy

[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.

[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!

[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

[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

[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

[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.

[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).

[beachcomber60]

Okay dokay

 

Will have a butchers l8er.

 

Beachy