GE Money - CL Finance CLAIM FORM RECVD

[bigted28]

Hi there,

 

I need some help, and have been told this is the place to go!!

 

I have received a claim form from CL finance regarding my Burtons Store Card

 

I am yet to send the CCA request as i am sure all the have is the application form that i signed at the cash desk some 5-6yrs ago

 

I need some advice as to what to do now, i have linked a copy of the claim form to this post.

 

I did have an arrangement with Burton GE Money to pay this off and have been in touch constantly regarding my situation

I was £10 outstanding on my monthly arrangement, now they want everything , and it has been passed to CL finance apparently since Dec 08.

 

Obviously there isnt going to be enough time to get a reply from GE Money in relation to a cca request which is being sent Tuesday.

 

I will send in my AoS extending the time with the intention of defending all of the claim.

I'm sure there are charges on this card which i can also look into.

 

I hope someone has an idea as to what kind of defence I can submit, and the next course of action for me

 

Many thanks

 

BT

 

http://i638.photobucket.com/albums/uu101/bigted28/BURTONcopy.jpg

[steven4064]

Hi bigted

 

Welcome to CAG.

 

With your AoS send a not to the court and to the claimant pointing out that the claim refers to a written agreement but a copy of the agreement was not attached to the claim form as required by CPR Practice Direction 16 paragraph 7.3. Ask them to send one forthwith.

 

Send a CCA request under s78(1) as well - you shoulkd ask for a coy of the executed agreement and statement of account.

 

When it comes to your defence - you can say that the claim is not sufficiently particularised as

 

1. there is no copy of the agreement and threrfore no evidence that you owe them anything or that they have made the claim against the right person

2. without prejudice to that, there is no statement of account so there is no evidence that the claim amount is correct

 

(assuming they don't send an agreement). We wil help you with the defence - it is a standard "embarassed" defence you need.

[bigted28]

Thanks Steven4064

AoS sent with note to court and claimant

CCA request also sent

I'll attempt my defence any help greatly appreciated

 

BT28;)

[steven4064]

I'm away as from today. If no-one comes, click the red triangle

[bigted28]

Response received stating that they have received my defence, queried this with the court, who state that any correspondence other than AoS is accepted as a defence.

Advised them it is not my full defence, and was meant as AoS only.

Will have to wait and see whaty happens.

[steven4064]

GEt your defence in ASAP