GE Debenhams store card sold to CL finance

[beachcomber60]

I believe post has a knackered computer – he mentioned this a couple of days ago. Also a big broadband outage yesterday. I’m sure he’ll be back.

 

Thanks DB,

 

If thats the case I sincerely apologise.

 

However when there is regular contact which suddenly stops with PM's going unanswered combined with the knowledge that the cagger is still posting elsewhere on the forum I became very suspicous.

 

Once again I sincerely apologise to postggj.

 

Apart from the good news yesterday, its been a horrendous two weeks for us, combined with the fact that Monday is our deadline to file something at court by post or Tuesday on line.

[beachcomber60]

Beachy,

 

In the event that

 

a) postggj passes you the defence

 

or

 

b) he doesnt pass you a defence

 

Either way, let me know , you have my contact details, as if you are going to file a defence you must do it properly, not one of these half baked things that pop up from time to time.

 

You know what we had to do with your link job, we had to amend as the defence wasnt pleading what it needed to, so give me a shout first and i will see what i can do to assist you in my free time

 

Roger that PT, many thanks.

 

Bit of a panic going on - hour glass is rapidly emptying, claim issued 4th Oct so think I got Monday or Tuesday to file on OH behalf.

 

Beachy

[beachcomber60]

ime not ignoring you beechy

 

my internet conection keeps dropping out every 20 seconds

 

bt are on it

 

or so they say

 

OK postggj,

 

Ditto to what I've just posted up for PT.

 

Plus

 

My sincere apologises - panic & red mist syndrome

[beachcomber60]

Hi Beachy,

 

I can understand your frustrations.But everyone, especially Postggi cannot be available 24/7.

 

I am now becoming increasingly concerned, even I do not understand exactly what it is you want from us.

 

Hi Debs,

 

I can honestly tell you what I DONT want & that is OH to get a ccj by default which is now a grave possibility due to time left, this I understand is Cohens speciality.

 

I know you keep telling me via the thread & PM to submit an Embarrased Defence - that I'm afraid is a complete No No.

[beachcomber60]

My case being almost identical to Beachy. I spent hours & hours trawling this forum, reading posts & gathering information from this fantastic forum,from brilliant people like you.Because of this, I successfully challenged HC to provide the Credit Card Agreement they referred to in the POC, & forced them to discontinue.

 

I used CPR 31.14 & informed Beachy on the 22/10/10. Had he used it then, the 7 days would be up.

 

Debs

 

Hi Debs,

 

I wouldnt want anyone falling out over this thread, TBA I only have an axe to grind with one person and he knows exactly who it is by his noticeable absence from this thread.

 

I did indeed use CPR 31:14 to Cohens on the 11th October and had a reply dated 13th October (bleeding quick turn round) enclosed was the same microfiche Storecard Application/Agreement, T&C's (questionable), CL Default Notice & Notice of Assignment.

 

Beachy

[beachcomber60]

After two years Cohens have finally issued an LBA over a Storecard account (CL still havent complied with my CCA request ( all they can supply is an unreadable photocopy of a microfiche & T&C's that dont relate to the application/agreement - chip & pin wasnt in use when the account was opened)

 

Interestingly is that they state that the document they will rely in court to seek judgement is the Notice of Assignment of debt.

 

Santander have informed me that the original agreement no longer exists due to the age of the account.

 

Not sure if this invalidates CL's own DN but Santander also state that £2,000 + has been levied to the account which they would take into consideration on any refund claim, would this make CL's DN amount inaccruate?

 

Also have it in writing that when CL applied to Santander for the cca they were told it no longer exists and they were also told 'how to deal with it'.

 

Beachy

[beachcomber60]

Mmmmmm interesting development

 

After Mr Cohens letter stating they are preparing court papers & my 31:16 in reply, have heard nothing from Mr Cohen.

 

HOWEVER, a letter from Lewis Recovery informing me that their 'client' CL Finance (oh come on - we all know your the same) will not accept payments by installments & payment IN FULL must now be made, failure in doing so MAY result in Solicitors being instructed to issue court proceedings.

 

BC

[beachcomber60]

Well Cohens has replied to my 31:16, included was microfiche application/agreement (now more readable - must have been playing around with it since the first one sent by CL), NoA, DoA & T&C's.

 

No copy of statements, DN or PPI policy or T&C's for PPI.

 

Included was a further letter saying to send I&E statement to Lewis Group & offer of payment instalments (already have a letter from Lewis a few days earlier demanding full payment & nothing else).

 

Regarding a DN notice, Santander stated in a letter in reply to my SAR that over £2000 was levied to the account which they would take into consideration on any refund (did try but all they would refund was £12 which was passed to CL), now as the DN contains this '£2000 + levy' would this make the DN invalid due to incorrect amount.

 

Ta

BC

[beachcomber60]

Blimey PT - burning the midnight oil

 

Struggling a bit on this one to find a defence ready for when their claim arrives.

[beachcomber60]

Joined Credit Expert back in October to make sure Link removed a DN due to them losing big time in court

 

surprise to find that they hadn't registered default at all but registered TWO in Mrs 'B's' name for same account

& although they lost in court the DN's are still there & they are STILL processing data regarding this account.

 

Now the 'ALERT' message (different DCA & account) Debt sold to DCA &

 

when I looked in October account type was 'Credit/Store Card & the file marked with 6's after receiving the alert the entry had changed to an '8' & Default,

type of account changed from Credit/Store Card to 'BANK', then looked at the 'ALERT' the update is Balance £0 & Status marked as 'SETTLED'

 

Cant believe its been written off, as the DCA solicitor threatening court action & is in breach of my CPR 31:16 request.

 

Think they may have sold it on

[beachcomber60]

Thanks everyone, its strange that their solicitor threatened legal action, I responded with CPR 31:16 & got the same rubbish paperwork, again asked for all relevent documents & got no reply - next thing was CRA alert to say 'Settled' Balance £0.

 

CCA to the OC & got 'Due to the age of the account we no longer have a copy of your agreement & DCA has been advised. Perhaps Mr Cohen was relying on a bad copy of a microfiche then was told that there is an unresolved ppi claim which is three times the balance

[beachcomber60]

Surely if they lost in court they must know that this agreement is unenforceable - therefore to sell it so someone else can try and collect is clearly a vexatious act.

 

I would complain to the OFT and the information commissioner about them.

 

Though by simply reducing the balance to zero they could just be giving up on it. And not sold it on at all and simply acting in a responsible manner.

 

Oops whats that just gone passed my window:flypig:

 

I seem to have confused things

 

Para 1 was to with Link - they lost BIG time in court, anyone with a FNB/GE Home Lending with ppi really needs to look at their agreements

 

Para 2 Was to do with CL & Cohens who threatened court action but failed to comply with me CPR 31:16, instead they seem to have updated my CRA with 'Settled' & Balance '£0'.

Interestingly, I had a close look at their NoA yesterday & it doesnt state the amount assigned & neither does the DoA Oops

[beachcomber60]

Well after chasing Cohens with a CPR 31:16 (twice) they have, yet again failed to provide the documents that was asked for in order to fuly defend the claim they are threatening court action with.

Latest from them is -

 

"We note your allegations that your Credit Agreement is a bad photocopy, however, this is the best copy that is available as you entered your agreement ** years ago and it is our contention that agreement is legible.

 

Please find enclosed the copy of the Default Notice served upon you on the * ******* 2010 pursuant to section 87 (1) of the Consumer Credit Act 1974 which we will be relying on as the cause of action in this matter.

 

We now request full details why you contend that you are not liable for the monies owing to our client by ** ******* 2011. In the absence of any such response we have been instructed to issue County Court proceedings without further notice.

 

We reserve the right to exhibit this correspondence in the event of costs being awarded".

 

 

 

GE Money informed me (in writing) that the agreement no longer exists & CL had been informed of this.

 

About a month ago I had an ALERT message from Experian and on viewing it showed that this account had been marked as settled £0 by CL Finance, however, on checking the actual file all that had been changed was type of credit 'Store/Credit Card' to 'Bank'.

I have a massive PPI mis selling complaint regarding this account (with interest its three times the amount Cohens are threatening action over. GE stated in a letter that over £2,000 (not including interest) had been levied to the account which would be taken into consideration on any claim, tried but was told to go away as GE werent Regulated at the time the account was opened, FOS wont touch it.

Should I again try for the 3rd time to get the info from Cohens or just tell him what my counter claim will be.

[beachcomber60]

Thanks Donkey B & Debbbbsy,

 

Much appreciated.

 

What I cant understand is the fact that looking around the forum Cohens usually issue claims immediately CL get assigned a debt - for some reason they keep asking me the reason why they shouldnt issue a claim?

 

Very Strange !

[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

[beachcomber60]

Thanks DonkeyB,

 

Yes it came from no less then Mr Cohen outfit.

 

Beachy