ILLEGAL CCJ on ACCOUNT - DESPERATE!**WON AT LAST**

[InKogneeToh]

P.S. - IMO just means 'in my opinion'

[pmhcfc]

P.S. - IMO just means 'in my opinion'

 

And Lemon ...InKogneeToh's opinion is very worthwhile listening to

[InKogneeToh]

And Lemon ...InKogneeToh's opinion is very worthwhile listening to

Oh, Thank You!

 

You're making me blush now!

[tiglet]

never worry about eating chocolate - it's one of the four stable food groups, along with wine, cake and sunday roasts.

 

Don't get fooled into thinking you need to communicate with the sollicutirs would be my advice - let the DCA instruct them. if they don't, it may work in your favour later.

 

Simply adhere to the law as much as you can.

 

ps. I'm not really taht nice and also have a terrible toddler, so can appreciate exactly how you feel.

[electric lemon]

Hi Everyone,

 

Well here is the latest update.

 

I received a telephone call from the solicitors working on behalf of the debt agency who GE Money instructed.

 

They told me that they had checked with GE about the telephone call & arrangement I had with them, & that GE have denied any such telephone call being made nor was there any record made on the computer about that!!!!!!!!!!!!!!!!!!

 

I AM OUTRAGED:mad:

My god, this is ludicrous!!

 

(By the way, the reason I had a call from the solicitors is because when I telephoned them last week questioning why I had all this mess going on I told them of the payment arrangement that I had made with GE. They said that they would look into it, contact GE & get back to me. I didnt receive your advise until after that call had taken place).

 

Anyway, I actually remained very calm whilst on the phone, & went on to advise the man at the solicitors that I am in the process of reclaiming charges from GE & that as far as I am concerned this rendered the account & everything to a halt until it was resolved as it was now in dispute.

 

HUH!....he then had a change of attitude!

 

He asked if I had legal representation or a solicitor. I told him that I had obtained legal advise & would be requesting a stay from the courts & a transfer to where I live.

 

He clearly was taken aback (GOOD, YA BUNCH OF SCUMBAGS!)

 

He then told me that I would need to fill in the court form stating all of this & that it would then go to their defence team. He siad they would process it quickly.

 

I said...NO you wont! It wont be processed until all the neccessary info came back from GE as well as copies of calls made from my mobile from the telephone company to show my call to GE etc, etc., and that all this takes time.

 

To be honest I cant see this happening quickly. Waiting for info, getting a court date, waiting for a transfer etc. Any advice on this??

 

I also told him that I had it in black & white on a letter from him/the solicitors, the date that GE had 'sold' the debt & the date that it had gone to court for a CCJ which were before the date that GE had given me to reply which I did, which would all be proved!

 

There was then a brief pause - ha! ha!

 

He reiterated everything then & actually started to be a bit nicer/helpful. He said that I clearly had a defence & to action it asap.

 

I will do all the court form with my defence wording etc tonight.

 

Phew. So much unneccessary stress:(

 

Best,

Electric:mad:

 

 

 

I

 

[tiglet]

Lots of stress, electric, but hopefully light at the end of the tunnel;)

[electric lemon]

Does anyone have any sort of idea how long this might take...ish??

 

Thanks

[tiglet]

they have 40 days from receipt of SAR in which to provide your information. To be honest, it seems to vary from one person to another.

 

Have you sent the form off to Northampton yet?

[InKogneeToh]

Hi

 

Get that court response form in asap and remember - you want a transfer to your local court because you are a 'litigant in person' and you are also requesting a stay because the account is in dispute and you are awaiting documents from the original creditor that are necessary for your defence.

 

Maybe they've deleted the record of the phone conversation, maybe they haven't - the SAR should reveal all.

 

Regards, Pam

[electric lemon]

Hi Tigs,

 

No not sent the court form yet. Didnt get it till Thursday last week & have 14 days. Wanted to gather more info first & get my head straight & work out what I was going to say in my defence.

 

I am also going to complaim to the banking Omnbudsman (sp?!) about GE & their out of hand way in which they have proceeded. Thats got to really P*** them off.

 

Finally I feel sooooooooooo strongly about this & the way that I have been treated that I am considereing going for contactual interest with my claim.

 

THOUGH.......will read up & learn everything before I make a decision to do so. I also want to 'Talk' to as many people as possible that have experience of this.

 

Just considering it though, as GE are going to do EVERYTHING to ensure that I dont arrange a CCJ for them.

 

Sar has gone off & am waiting for a reply. Sorry, meant that I wondered how long the court process normally takes?

[tiglet]

The court process depends on so many factors, it's difficult to tell i.e. when can they fit you in for hearings, whether either of you need more time for evidence etc, etec. There are many variables.

 

You've done the right thing getting your SAR off - now I would get that court form done today and send special delivery so that you've actioned everything you need to in good time.

 

Also, would not speak on the phone anymore to anyone except the court - put everything in writing and ask them to put everything in writing.

 

Now you'll be playing the waiting game, so relax, but do sort out your papertrail.

 

Tigs x

[electric lemon]

Thanks everyone,

 

Another question???????

 

Do I actually pay the £250 that I originally had offered agreed to do on the 25th, (though GE are now saying there was no such agreement), or do I leave things as they are???

 

Is it enough that I just go ahead with the court form asking for things to be put aside until claiming charges is resolved with GE Money? Will they truly allow that?

 

I would presume that this would take a couple of months as am awaiting SAR to be answered to, & will have to sort statements, then request charges back, ?LBA, ? court?? etc, etc

 

To be honest I am hoping slightly that my Barclays claim be sorted by then & I can then pay horrid GE Money back in full.

 

However, am not counting on it.

 

If GE are saying that there was no such agreement then I really dont want to go ahead & pay anything as its seems there is no point.

 

And, if my angle on getting the case put aside is because I am now in the process of claiming charges (not forgetting of course that I had until the 8th to contact them - which I did(!) & they sold the debt , went to court on the 6/7th), & they did something??illegal.

 

Oh crikey O' Riley its all too much:confused:

 

All advice gratefully received as usual!

 

Best,

Electric

[payingonlyencouragesthem]

You seem to have very good grounds to to apply to have their petition struck out altogether. PM Laiste - he's a lawyer and is very helpful.

[electric lemon]

Thank you so much for your advice poet.

 

I shall do that.

 

Best,

Electric:D

[electric lemon]

Hi there all,

 

I thought I would post all the relevant details regarding this case in the possibility anyone might want to make comment.

 

Here are the particulars of the court Claim form:

 

Issued from Northampton on 12th March.

 

( I have to return the form 14 days from the day of service. Day of service is classed as 5 days after the issue date. That means I have until 31st March).

 

 

Claimant is stated as: CL Finance

 

Have to send all documents to the solicitors handling this on their behalf.

 

I can respond to this claim online.

 

The particulars of the claim are stated from them as follows:

 

1. The Claimant's claim is for the sum of £**** being monies due from the defendant to the Claimant under a regulated agreement between the Defendant & GE Capital Bank Ltd under reference **** **** **** ****, and assigned to the claimant on the &th March 2007 notice of which has been given to the Defendant.

 

2. The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon Defendant pursuant to section 87(1) of the Consumer Credit Act 1974.

 

3. Pursuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 24.573% per annum from the date of these proceedings to the date of judgment, or sooner payment, accruing at a daily rate of £1.57.

There is an Acknowledgement of Service which I have to fill in.

 

It says tick appropriate box....

1. I intend to defend all of this claim

2. I intend to defend part of this claim

3. I intend to contest jurisdiction

 

Now I'm well bamboozled??? Which do I tick - No' 1 or 2??

 

There is also a Defence and Counterclaim (specified amount) form.

 

It says I should fill in this form if I want to dispute all or part of the claim and/or make a claim against the claimant. (counterclaim).

 

This form asks if I dispute the full amount, (which I guess I am at present, arent I ?) or it asks if I admit part of the amount?

 

There is then a large area titled Defence.

This states that I must state which allegations in the particulars of claim I deny & my reasons for doing so. In brackets it states in bold lettering - If you fail to deny an allegation it may be taken that you admit it. I am also confused by this statement???

 

I'm so sorry that this is so long - its just that I so want to get this right.

 

Lastly there is an admission form where you have to put masses of personal details, how much I earn, where I work etc. Do I still have to fill this in & send back, even if I am contesting/defending this claim??

 

 

 

Please also remember that I have in my hand a written letter from the solicitors dated 9th March 2007 saying that they hereby give notice that GE Capital Bank have by an assignment dated 7th March between GE Capital & CL Finance assigned the debt & that I am to pay CL Finance.

 

Oh & also the solicitors told me when I called last week that the claim went to the court on the 6th March. Despite me having until the 8th!!!!!!! ( Presumably I can prove this by getting some proof from the court?)

 

UNBELIEVABLE!!!!!!

 

Just to remind...A SAR went off on the 12th March to GE & also I have requested all transcripts of conversations made on the same letter.

 

I read on someone elses thread that if a 'debt company' goes after you fror the money that you can send off £1 & request a copy of your credit agreement? If they cant find it then they have to write off the whole thing & its rendered as cancelled??? Is this true??? ( Maybe I'm dreaming it all up??!!)

 

I feel like Im drowning in all of this! HEEEEEEEEELP!!

 

If I can offer anyone any medical advise Im more than happy to reciprocate!! (another thread/board I know!)

 

Many, many thanks.

 

Gotta go as my tiddlypoops will be up at 6!!! Grooooooooan Yuk!!!

 

Best,

Electric

 

[Laiste]

Hi Electric,

 

There is a lot to get through so we will take it in stages. I may not answer every single issue in this post, but I will deal with what needs to be addressed now, which is what you should concern yourself with.

 

The claim was issued from the Crt on the 12th which means you are deemed to have received it on the 17th. The acknowledgement of service has to be filed by the 31st March, the defence(def) and counter-claim(c/c) do not. Of course you can file everything by the 31st, but you can take a further 14 days in which to file the def and c/c, which takes you to the 14th April. I would strongly advise you to take this extra time, the def and c/c need to be drafted carefully, so rushing things when you can legitimately take the extra time is not a good idea.

 

Regarding filing the acknowledgement,you can do this very easily online. Look at the right hand side of the 1st page of the claim form and you will see a box that says Important Note. The address is on there for moneyclaim. This is absolutely the simplest way to file the acknowledgement, it takes a couple of minutes and you can print off the confirmation page at the end for your records. When you log on you will enter the claim no and the password which is again located in the Important Note box.

 

When you have entered that 1st bit of info remember you are just at this stage filing the acknowledgement, nothing more. So click on the appropriate box to do just that. You will be defending the whole of the claim so tick that box. It is all pretty self explanatory, but the golden rule is admit liability for nothing at all. Make sure to print off the confirmation page at the end and the what you need to do at this stage is done.

 

I need to know exactly what sort of debt it is that you had with GE Capital before the assignment. This is important in respect of obtaining a copy of the credit agreement. I have seen people quoting sections 77-79 of the Consumer Credit Act 1974, (CCA 74)which is wrong, the specific section appropriate to what type of debt it is must be detailed. Such mistakes are the things that solicitors (sols) pick up on and use against you! That last sentence may not mean anything to you at this point, don't worry all will become clear in due course. Requesting the credit agreement will need to be done asap, but if we can get that organised to go off on Monday by guaranteed delivery, that will be fine.

 

Once legal proceedings are underway, there is no need to request the info you want under the DPA 1998. You are entitled to info that supports your case under the disclosure rules, which essentially means that the docs you require have to be provided in a reasonable time, which would be 14 days. Personally, I would be tempted to write to whoever you sent the DPA request to, one, stipulating that under the disclosure rules you are entitled to what you have requested in a reasonable time and you expect the info to be furnished in 14 days and two, demanding the £10 fee back as you don't have to pay for this info. You might also wish to add the thinly veiled threat that if said info is not provided in 14 days, you will inform the Crt and seek an Order compelling their compliance. They will know you mean business by doing this. It also will enable you to put your case together properly because given the DPA time limit, you will not be able to file a c/c as you don't have the necessary information!

 

Whilst I appreciate that you are aggrieved that you spoke with someone and they then issued proceedings and then denied the call took place; in the scheme of things this matter is not that important. If you are behind with pmts, they can invoke their right to issue a claim against you in the County Court if they so wish. We will include what happened in the def and c/c, but ultimately the matter comes down do whether or not there is a legally enforceable debt. There may not be, they might not have the agreement, there are a number of factors in my experience that by the time we've finished with them will more than likely have them running for the hills, but lets concentrate on what's relevant and what we prove or disprove as the case may be.

 

Above all staying calm and adopting a rational approach, is how you get through this. Finally, under no circumstances telephone the solicitors or any of the parties involved. Everything from here on in MUST be done in writing.

 

As soon as you have digested what I've written, get back to me with the answers to the Q's I've raised.

 

I hope this is helpful.

 

Laiste.

[electric lemon]

Hi there Laiste,

 

Many, many thanks for your very prompt reply. All points taken on board. Here are my replies:

 

1. The claim was issued from the Crt on the 12th which means you are deemed to have received it on the 17th. The acknowledgement of service has to be filed by the 31st March, the defence(def) and counter-claim(c/c) do not. Of course you can file everything by the 31st, but you can take a further 14 days in which to file the def and c/c, which takes you to the 14th April. I would strongly advise you to take this extra time, the def and c/c need to be drafted carefully, so rushing things when you can legitimately take the extra time is not a good idea.

 

I understand this part. Should I wait to file the acknowledgement a couple more days or wait until the 30th so I get more time? I must admit I think I would rather file asap, knowing it has been done. I am happy to do this online - thank you.

 

I am a little unsure about filing the def & c/c, though fully appreciate the need to take care with the drafting. I will await your advice on this. having another 14 days is beneficial.

 

2. Regarding filing the acknowledgement,you can do this very easily online. Look at the right hand side of the 1st page of the claim form and you will see a box that says Important Note. The address is on there for moneyclaim. This is absolutely the simplest way to file the acknowledgement, it takes a couple of minutes and you can print off the confirmation page at the end for your records. When you log on you will enter the claim no and the password which is again located in the Important Note box.

 

All the above noted. Fully understand this! Online is just fine.

 

3. When you have entered that 1st bit of info remember you are just at this stage filing the acknowledgement, nothing more. So click on the appropriate box to do just that. You will be defending the whole of the claim so tick that box. It is all pretty self explanatory, but the golden rule is admit liability for nothing at all. Make sure to print off the confirmation page at the end and the what you need to do at this stage is done.

 

I will defend the whole claim & will be ticking that box, & will not admit liability for anything. Printing of confirnation will not be forgotten.

 

4. I need to know exactly what sort of debt it is that you had with GE Capital before the assignment. This is important in respect of obtaining a copy of the credit agreement. I have seen people quoting sections 77-79 of the Consumer Credit Act 1974, (CCA 74)which is wrong, the specific section appropriate to what type of debt it is must be detailed. Such mistakes are the things that solicitors (sols) pick up on and use against you! That last sentence may not mean anything to you at this point, don't worry all will become clear in due course. Requesting the credit agreement will need to be done asap, but if we can get that organised to go off on Monday by guaranteed delivery, that will be fine.

 

The debt is from my Frasercard credit card. The credit limit is £2000. Charges & Interest bring it to £2135. I havnt used the card for over a year, & first obtained it about 7/8 years ago. Where do I obtain a letter requesting the credit agreement? Is there a copy on this site? I am more than happy to mail it out on Monday.

 

5. Once legal proceedings are underway, there is no need to request the info you want under the DPA 1998. You are entitled to info that supports your case under the disclosure rules, which essentially means that the docs you require have to be provided in a reasonable time, which would be 14 days. Personally, I would be tempted to write to whoever you sent the DPA request to, one, stipulating that under the disclosure rules you are entitled to what you have requested in a reasonable time and you expect the info to be furnished in 14 days and two, demanding the £10 fee back as you don't have to pay for this info. You might also wish to add the thinly veiled threat that if said info is not provided in 14 days, you will inform the Crt and seek an Order compelling their compliance. They will know you mean business by doing this. It also will enable you to put your case together properly because given the DPA time limit, you will not be able to file a c/c as you don't have the necessary information!

 

I have to be honest Laiste I am completely bamboozled with this paragraph, Sorry!

 

When you state..."Once legal proceedings are underway", Do I interpretate that as once I have filed my Acknowledgement?? OR once I file a def - c/c?

 

Where would I get the info, & what info under the data protection Act 1998? Do you mean the credit agreement?

 

Do you mean I should write to GE MOney again who I sent a SARS to, & request the credit agreement within 14 days & also ask for my £10 back? (thought we had to pay that?). I will def add the thinly veiled threat about informing the court & seeking this said order. I am confused about not being able to file a c/c though??

 

6. Whilst I appreciate that you are aggrieved that you spoke with someone and they then issued proceedings and then denied the call took place; in the scheme of things this matter is not that important. If you are behind with pmts, they can invoke their right to issue a claim against you in the County Court if they so wish. We will include what happened in the def and c/c, but ultimately the matter comes down do whether or not there is a legally enforceable debt. There may not be, they might not have the agreement, there are a number of factors in my experience that by the time we've finished with them will more than likely have them running for the hills, but lets concentrate on what's relevant and what we prove or disprove as the case may be.

 

I completely hear what you are saying - thankyou.

I did think that I had some ammunition though about the non-adherance to their timescale. If that doesnt hold any weight at all, then why do these people state a date by which to contact them. If it means nothing then they could just take everyone to court regardless?? Im glad that you feel that this can be included in the def & c/c, however, how could they not have a legally enforcable debt??

 

7. Above all staying calm and adopting a rational approach, is how you get through this. Finally, under no circumstances telephone the solicitors or any of the parties involved. Everything from here on in MUST be done in writing.

 

I am Calm & chilled now ( Just!), & feel much more relaxed about this whole thing, thanks to your expertise & also advise from others here.

 

You're wonderful for helping me like this Laiste & I cant thank you enough.

I will not engage with the solicitors unless by letter - thank you.

 

Do I send everything to GE Money by the way? or to the solicitors ?? I am confused with this part. Who do I request from & do I send any copies to their solicitors??

 

Any advise in laymans terms so very appreciated, & my apologies for any ignorance Laiste.

 

Thank you, thank you. Looking forward to further advice/instruction.

 

Best,

Electric

[MinnieMouser]

 

I have seen people quoting sections 77-79 of the Consumer Credit Act 1974, (CCA 74)which is wrong, the specific section appropriate to what type of debt it is must be detailed. Such mistakes are the things that solicitors (sols) pick up on and use against you!

 

Sorry to stick a paw in here but, and only if you have the time, what section applies to each type of debt?

 

Thanks!!

 

MM

[Laiste]

Hi Electric,

 

Glad I can be of help, and I will do my best to put things in straightforward language, unfortunately though some legal stuff is a bit confusing! Thank you for the reputation comment, just to clear up some confusion however; I am a woman not a man! This seems to be a common misconception, I must give off male characteristics! LOL:o

 

As you have numbered the points I made, I think it makes sense to do the same to address each of your replies.

 

1. You can file the acknowledgment straight away if you wish, you don't have to wait. All that you are doing really by filing the ack of service, is informing the Crt that you have received the claim pack and advising what your intentions are, eg, defend all/part of claim. So it makes no difference if you respond immediately or wait, as long as you do it. Some people wait until the last minute, so as to keep their opponents guessing, because when a claim is issued against you, they can check with the Crt to see if you have responded to it. You don't need to concern with this, it's just the games companies/individuals play! I would advise avoiding filing between 3-4pm weekdays, it's the busiest time and there are frequently system problems!

 

Don't worry about filing the def and c/c at this stage, we can go through that nearer the time. That said, depending upon what info you are sent, or not as the case may be, you may have to just file the def and leave the c/c until later. This makes no difference to the case, it's just you cannot file your claim against them in the absence of info that will enable you to put forward the basis of your claim and the amount you are claiming from them. Don't worry about this now.

 

2&3. All sorted, good.

 

4. I need to be clear on the type of card this is, is it a credit card that you can use anywhere to buy goods and services, or are you restricted to using the card in House of Fraser stores and shops that belong to the same group? I will post the CCA letter (for a copy of the agreement) on your thread for you to send.

 

5. Don't worry if that paragraph made no sense, I'll clarify what you need to know. Legal proceedings got underway when the claimants (the other party) filed the claim at the County Court. The info would be requested from the company that your debt was assigned to as they are the legal owners of it now, if they have purchased it. Is that the case? I ask because debts can be assigned to a DCA (debt collection agency) purely for collection or they can be sold to a DCA. What info do you have that suggests it has been sold or otherwise?

 

Who you request the info from depends upon who owns the debt. None of the info should be requested under the DPA 1998, once proceedings have been commenced, but unfortunately not many people realise this, which is perfectly understandable. It works like this, the parties have to exchange documents during the proceedings, which may help or hinder their case. So in your case for example, you would require info about all charges levied to the a/c, that helps your case, but hinders theirs, nevertheless they have to give you what you ask for whether they like it or not! This information is requested in a letter (sent by g/d of course) and they are given lets say 14 days to respond. This is what's known as disclosure, so the DPA 1998 does not come into it at all. You use the DPA before proceedings to get info, not during them.

 

We can ask for all the info required in one letter, I just need to know who owns the debt. We can also ask for the £10 back and make sure they know they have 14 days otherwise the matter will be reported to the Crt.

 

6. An improperly executed contract which is an agreement that hasn't been drawn up properly, or the fact that they can't produce an agreement will render the debt unenforceable. Comapnies are a law unto themselves, I am helping someone who arranged a pmt plan and the next thing she knew they had filed a claim, so that gives you some idea of how they operate......

 

7. On the claim form (left hand side) it will state who all correspondence and pmts must be sent to, can you let me know who that is.

 

I hope this message is a little clearer than the last one!

 

Regards,

 

Laiste.

[electric lemon]

WOW.....Laiste, you're a lady! Way to go!

 

I am well impressed - girl power! (sorry, cheesey I know!). And, in Noooooooo way do you give off male vibes!!!!!

 

Ok points as follows.

 

1. GE Capital are who provided the credit card.

 

2. The credit card was for House of Fraser that could only be used in their own department store & other dept stores in their 'Family' i.e. Dickens & Jones, etc

 

3. They, I presume "sold" the debt to " CL Finance Limited", in Birstall, Batley. It is that company that are listed on the Court Claim Form as the Claimant.

 

4. I am only going on what the solicitors advised me during a conversation last week., where they informed me that the 'debt' had been sold from Ge to their client.(CL Finance).

 

Am confused about...getting the £10 back????? The only £10 I have sent is for the SARS. I sent that to GE Capital to request statements of the past 6 years as well as transcripts of all calls & info on me. Should I have sent this to CL Finance???

 

Why would they have not drawn up or have an agreement, & how could this render the debt unenforcabale??

 

The address stated on the court form is a solicitors. Shall I PM you who it is & their address? ( Im nervous someone might be spying??!!) Daft I know!!:o

 

Would you confirm Laiste just what forms should go to/should have gone to who?????

 

So far only SARS + £10 has gone to GE Capital.

 

Many, muchos, grathios Laiste.

I await your kind instruction.

[Laiste]

Hi Electric,

 

If CL Finance are detailed as the claimants, then the debt has been sold to them.

 

Why are you confused about the £10? A SAR is a DPA request, they are one in the same and given that you are entitled to the info under the disclosure rules, there was no need to pay for it. All correspondence should be sent to CL Finance as they legally own the debt. Everything that you have asked GE Capital for, you need to request from CL Finance. This is going to sound completely barking but what you ask CL for, they will then have to ask GE for, bizarre I know, but it's what has to be done as CL are the legal owners of the debt. I would be obliged if you could post up the letter sent to GE, as I may be able to make some suggestions regarding additional things to ask for.

 

Without getting bogged down in the complexities of what constitutes a valid credit agreement, the situation is that when you enter an agreement for a loan, credit card, store card (as you have) you sign an agreement, or at least you should, if the company is acting lawfully and within the meaning of the CCA 1974! A copy of the agreement can subsequently be requested by you. By law under the CCA 1974, the creditor is obliged to furnish this document within a specified time and that document must conform to the provisions of the CCA 1974, which are long, complex, laborious and continue to be the subject of much discussion on this

site! Creditors are sloppy,disorganised and careless, and there are many examples on here of agreements having been lost, destroyed, fed to the dog....you get the picture! No agreement, means no enforceable debt, as per the CCA 1974. If an agreement is produced, it may not conform to the CCA 1974, which "may" make it unenforceable. There are a myriad of reasons as to why that might be the case, which I have don't have the time to detail, but if you're very interested in such matters you can read extensively around the forum and find lots of stuff in this area!

 

So in short, if when we request your agreement it no longer exists, they will not continue with the case and will quickly run away! If it's an improperly executed agreement(in other words,faulty)depending on the degree of the problem, they may/may not proceed, so we'll just have to wait and see what turns up!

 

So, if you begin by posting up the letter sent to GE, we'll then put together a new one for CL including the request for the agreement and any other info I think will be relevant to ask for.

 

It might be useful for you to PM the sols details, I can check them out and see what sort of company it is.

 

I do think you should read around other threads and get an idea of the issues that come up in cases, it's important for you to gather knowledge about what you're undertaking. I say this so that you can take control of your litigation, which will also assist me as well as I am always pushed for time, as you can imagine! Don't worry, I'm not abandoning you, but the better informed you are, the less I have to explain, which saves time!

 

Regards,

 

Laiste.

[electric lemon]

Hi Laiste,

 

Many thanks for all your time. It is a precious commodity I know.

 

I will do my absoloute hardest to read up all I can, however I work full time & have 3 children, 2 of which are toddlers!! I dont usually get into bed before 12 midnight after chores etc (sounds like a right sob story I know...but true!), so I havent been able to do as much ground work as I would have liked.:o

 

I will do my best though.

 

Here is a copy of the letter sent to GE:

 

 

Mrs ********* Address******************

To: GE Capital Bank Ltd of R/O Agar Street, London WC2N 4HR

 

 

Data Protection Act 1998

Subject Access Request

 

12th March 2007

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: **** **** **** ****

 

I hereby request all data that you hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my account with you. I also require a transcript of all recorded phone calls pertinent to this account and all notes made in relation to those calls.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

Please note that this account is now in dispute.

 

Yours faithfully,

 

Mrs ***********

 

 

I understand now that a DPA is the same as a SARS. However, Almost everyone has sent off £10 for this, some of which have been fortunate & had theirs returned & some not?.

 

It sounds good news about the credit agreement - how much simpler would it be if they were unable to find mine!

 

I will go now & PM the solicitors to you.

 

 

Wish I could be at hand to but you a drink...good bottle of red!!

[electric lemon]

Hi Laiste,

 

That should read 'Buy' you a drink!!

 

Otherwise sounds like I want to be agressive, which of course I dont want to be!!!

 

Did you get the sols address ok etc?

 

Hope you've had a good weekend.

 

Electric:D

[Laiste]

Hi Electric,

 

Yes I had a good weekend thanks, you? I got the message about the sols. If it's ok I'll post tommorow, as I'm tired tonight, need to sleep...!

 

Regards,

 

Laiste.

[electric lemon]

Oh Laiste thats fine!

 

Thanks so much for getting back to me.

 

I was in bed all day yesterday with a flu type virus, sore throat, cough, temp - felt wrotten, still do:(. Was off work today . Husband says must be all this darn stress!

(couldnt possibly be the fact that we work with ill people day in-day out!!) A Hazard of the job!!

 

I am very keen to get this letter off to CL Finance making them aware of the account being in dispute/ the CCA/agreement etc. so look forward to hearing from you.

 

Im probably not going to acknowledge the court claim until thurs 29th. (dont dare leave it till the 31st - havnt got the guts!).

 

I fully appreciate all your time.

 

Speak to you soon.

Best wishes,

Electric:)