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GE Money, no NOA - advice please with CPR 31.14 request.


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I have sent off my acknowledgement of service to the court and am now trying to compose a CPR 31.14 request. I have seen a number of different ones on the forums and need advice as to which would be best for my situation, as follows: I sent off a SAR in October 2008 and have had a copy of my credit card agreement which seems compliant and enforceable. I was sent a Default Notice in January 2009 followed by several letters from Viking Debt Collection requesting payments. Finally in April saying the file has been closed and returned to GE Capital Bank.

 

Then a week ago a County Court Claim from CL Finance with Howard Cowen as their solicitors. A few days later a letter from Howard Cowen telling me that I would by now have received a County Court Claim and requesting full payment.

 

But I do not recall receiving a letter of termination of the account from GE Money, or a Notice of Assignment from anyone. Also from what I can see on this forum their Default Notice is deficient as it does not state the date for rectification just gives 21 days and is not titled with GE Money and their address. Can anyone give me advice on a CPR and what my defence should be based on?

 

Their POC is as follows: The Claimant's claim is for the sum of £..... being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant GE Capital Bank Limited under reference ....................... and assigned to the Claimant on the 20th May, 2009 notice of which has been given to the Defendant.

 

The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served on the Defendent persuant to Section 87(1) of thew Consumer Credit Act 1974.

 

Persuant to clause 7 of the agreement the Claimant also claims contractual interest at a rate of 17.479% per annum from the date of these proceddings to the date of judgement, or sooner payment, accruing at a daily rate of 2.62

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Have you been making any payments and if so who have you been paying?

Can you scan a copy of the DN and Agreement up so it can be double checked?

Did you ever put the account in dispute?

What did you put in your acknowledgement of service?

What is the date on the CC papers?

Please can you answer the above it will help everyone to get some ideas.

GE have supposedly sold my debt on and I didn't get anything from them either so it's not unusual in that respect.

 

DG

I have no legal training my knowledge comes from my personal life experiences

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