Can someone help me please? Ge money problems

[missydebt]

Hi,

 

I have just found out today that Howard Cohen &co solictors acting on behalf of GE money have issued a CCj against me in March of last year. I am absolutley furious as CCCS have been paying them since October 2007 as part of my DMP. I called the above solictors today to ask what was going on and i was told that they sent letters out to my old address before realising earlier this year that it was the wrong address. I asked why then they didn't contact me to advise of the situation? The response was well you are paying it now through CCCS so it's ok.

 

I am now mad at myself though because i asked him for all the info relating to my case and he said that i have to send it in in writing along with the fee of £10. I asked if this would include my credit agreement and he said no but not to worry as he would ask for that now over the phone free of charge.

 

I am now confused:confused:

I have sent in a letter recorded delivery today asking for my cca. I have put in the letter that as it was agreed over the phone i have given them, 12+2 days to respond from today and have just sent the letter as a back up. i'm not even sure if i can do this? Probably not I know but I'm just hoping that they drag their feet. In any case i'm quite sure that it will be flawed as it is from around 2002/3.

 

Sorry to ramble on but if anyone with more experience can help me clear up this mess i would be more than grateful.

 

Thanks

 

Mish x

[GhostDebt]

Hello Mish.

You may be able to apply to have the CCJ set aside as you were not aware of the action.

Have a search around some of the threads and also you should get some further assistance from other CAG members.

 

Regards

[missydebt]

Thankyou,

 

I did mention that to the guy on the phone today and he said that it was definately not possible until the entire balance was paid off. S o i decided to tackle them first re bank charges of which i am sure there were many and also look to get it written off if possible. After that i will most certainly be looking to get it set aside.

 

thanks once again

 

Mish x

[bigpeterlg22]

I would check at what address the ccj was issued to before you do anything, if it was issued to the previous address you can have it set aside due to non-service of the claim and and the ccj will be set aside.

 

Having served a cca request on them, give them the 12 + 2 days to respond and if non-response, serve the failure to respond letter to them.

 

This will put the account clearly into dispute and if they try to issue a claim against you, you can use their non compliance as a basis of a claim.

 

If they do turn around and produce a cca, check to ensure that it is valid, as in my case it isn't even worth the paper it is written on.

[missydebt]

Hi guys

 

The letter was recieved by them on 28/08/09. Should i strat my 12+2 from this date or the date that i spoke to them on the phone? I am annoyed with myself for giving them an extra 2 days to start the ball rolling.

Thanks also bigpeter. How can i get it set aside? I'm sorry i'm new to all this and still trying to find my way.

 

thanks

 

mish x

[GhostDebt]

Hi Missy,

The 12+2 is 12 days to comply + 2 for postage, so if they received it on the 28th then its 12 days from there.

There are several threads on here, if you do an advanced search for set aside you should be able to have a read and start finding some info out.

 

Regards

[diamondgirl]

Definately look at the set asides on the forum. It will give you a great insight in how to begin. As above check what address the CCJ was issued to.

 

DG

[WelshMam2009]

This definitely warrants a complaint to the SRA.

 

Solicitors Regulation Authority - Protecting consumers of legal services

 

However, you normally have to raise the complaint first with the solictor in question.

 

I would send a recorded delivery letter headed "COMPLAINT" to Howard Cohen detailing the telephone call that you had with them and tell them you consider their actions to be grossly negligent.

[missydebt]

thankyou, you have all given me some great pointers on what to do and where to go from here. I'll keep you all posted as developments arise.

 

Mish x

[missydebt]

Hi i have recieved a copy today of my signed credit agreement. 7 days late. I had forgotten about it to be honest so forgot to send a letter re lateness. is there anything i can do now? Also I am unsure as to what i should be looking for on my agtreement to make it unenforceable? can someone talk me through it please?

 

Cheers

 

Mish x

[WelshMam2009]

Can you post it up on here Mish with your personal details removed??

[missydebt]

Hi I'm not sure how?

 

x

[WelshMam2009]

Hi I'm not sure how?

 

x

 

Have a read of this....

 

The Consumer Forums - FAQ: Reading and Posting Messages

 

You can host your images for free at somewhere like Photobucket.

 

Best of luck!!

[missydebt]

 

Hi thanks hopefully this will work.

 

Mish x

Edited September 16, 2009 by missydebt

[missydebt]

[GhostDebt]

Appears to be ok, but someone with more knowledge will comment for sure.

Quick question were HC acting for GE or a different company?

Do you have any details regarding the claim and who issued it?

[missydebt]

Hi thanks,

 

i'm not sure who issued the ccj. The only info I have says that the creditor is Cl Finance ltd but i have had no correspondence at all from them. I am thinking that if the contract stands ok then my next option is to try to get any charges back? I am not sure how to go about it though i am still finding my way through this so any help will be greatly appreciated.

 

thanks again

 

Mish x

[GhostDebt]

If the account has not been properly assigned from GE to CL then they have no legal right to sue and therefore you should try to get the CCJ set aside. You should also be able to get it set aside if you were not aware of the court action because they sent the claim to the wrong address.

Also you should look to get any charges back as well.

A subject access request to them should provide the information you require to start the process of gathering the information you require.

 

Just curious?

What letter did you send for the copy of the agreement and what fee did you pay?

[missydebt]

Hi Ghost Debt,

 

Thanks for all your help. Here is a copy of the letter I sent to CL finance. I paid them £1.00 for the info which they sent late. I have sent my SAR today so hopefully i will get that back soon and be able to work out my charges which should hopefully be enough to wipe the balance anyway.

Just wondering though if you know whether or not I can get the ccj related charges removed?

 

 

 

Dear Sir/Madam

 

Re:- Account/Reference Number

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Please also note that the required time limit of 12+2 days should start from today 26th August 2009 Following my telephone conversation with your offices whereby you have said that you will provide an original copy of credit agreement.

 

I look forward to hearing from you.

 

Yours faithfully