PCD V CLFinance/ GE Money CCJ Set aside

[pussycatdoll]

CCA'd Howard Cohen fobbed me off first time but the in default letter got them going.

 

Sent me the CCA for B&Q card - you will notice by the way how quickly you get a valid CCA back and how little grief you get as well.

 

Well it was a valid CCA i'm afraid however there are a few anomalies:

 

1. The date of my signature is exactly the same date as the GE Money signature.

2. They have sent me the "Original" Terms of the card.

 

I thought I had better check their POC - (obviously I want to get this CCJ set aside)

 

Firstly they say that they sent me an assignment which I have never had.

Secondly they say that they have sent me a default notice that I have never received.

Thirdly they say that they are claiming interest pursuant to clause 7 of the agreement which in fact refers to "Statements".

Fourthly the balance owing seems to have increased rather than reduced even though I am making payments to them.

 

In the Additional Conditions this is clause 6.

 

Sooo I am going to draw up a SAR tomorrow and get all the details they have hopefully without the default notice and LOA

 

So when i have the statements I know there will be penalties on them that will make their POC incorrect plus the clause 7 error and the fact that I didnt receive either the notice of assignment or the default notice.

 

Do you think that is enough to get a set aside?

[car2403]

How long ago was the claim?

 

Did you defend it?

[pussycatdoll]

How long ago was the claim?

June Last year

 

Did you defend it?

 

No but did admit full amount and applied for low monthly payment.

[car2403]

In that case you'll need a very good reason for admitting the claim in the first place, now wanting to defend, plus another very good reason for setting aside this late.

 

There's caselaw to suggest the Court will only consider applications to set aside up to a month after judgment is entered.

[pussycatdoll]

Try to make sense of this on the POC

 

The claimants claim is for the sum of XXXXXX being monies due from the Defendant to the claimant under a regulated credit agreement between the defendant and GE Capital Bank under reference XXXXXXXXXXXXXXXX and assigned to the claimant on the 21st May 2008 notice of which has been given to the defendant.

 

Now the Court papers are dated the 28th May - how would it have been possible to:

 

a. issue me a notice of assignment

b. issue a default notice

c. Terminate the agreement

d. issue a court summons

 

All within 7 days

 

????