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

[electric lemon]

I am so upset & so stressed I feel ill - please, please help.

 

I got behind with payments with GE money. Well actually they said they would reintroduce my standing order back in December 2006 but didnt & I didnt check. I know, I know - what an idiot.

 

I got a letter last week saying .......you are now in default. Please contact us by the 8th March or we will take further action. Presumed they would pass to a debt collection agencey which I so didnt want so called them.

 

I called GE Money on 6th March. Spoke to a lady whose name I got. Offered to pay half by 25th (pay day) & other half by end of next month. She said that should be fine, & I requestd that she make a note of it on the computer - she did that as we spoke, but told me to ring again in the morning to confirm with the collections dept as they shut at 5.pm & it was now nearly 6.p.m. when we finished our conversation.

 

That was fine.

 

Called again the following day as requested. Lady gave me a different number. ? thought that was strange.

 

Called that number, someone answered saying they were a collections agency????????? They gave me another number, who had never heard of me & said it was probably as the 'debt' was so new to them they didnt have me on record??????

 

More confusion???? I told them I couldnt understand why this was happening as I had spoken to GE who were fine with my payment proposals.

 

I asked what I should do as I was well worried. They said not to worry. Just to sit tight until they made contact with me by letter to confirm payments.

 

OK.

 

Then today Husband called & told me that a CCJ had arrived from Northampton County Court....WHAT!!!!!!!!!!!!

OH MY GOD, I just cant believe it!!!

 

I called GE IMMEDIATELY, & just couldnt understand their foreign accent. It was so stressful. I asked for a manager & they kept me waiting for 20 mins- thats nice on my mobile. Hung up in the end.

 

I then called the collections people, who unbelievably told me that GE had sold the debt on the 6th to them!!!! And,.......that GE money had put in for a CCJ on the 7th!!

 

INCREDIBLE!!!!!!!!!!!!!!

Dont forget, GE clearly stated in the letter that I had until the 8th to contact them & make proposals!!!!!!!!!!!!!!!! WHICH I DID!!!

 

Are they in any type of breach????

 

How can they do this when I made proposals by the 6th, & arent they in breach of something as they did all this anyway before the 8th?????

 

I dont want a CCJ on my name/address - Ive never had one & never want one.

 

What can I do????

 

Any help appreciated.

 

A very sad, stressed Electric Lemon

[electric lemon]

Hi there Steve,

 

No I havnt had any contact from anyone at all.

 

All I have had is this one letter from GE MOney saying:

 

.....you are in breach of the 'payments clause' of your agreement which provides that you must make each payment when due. To remedy this breach you must pay £XXX arrears to us by 8th March. You may telephone us on XXXXXXXX with your payment proposals.

 

If you do not take the action required by this notice before the date shown then further action may be taken against you.

 

I flamin did call them, et, etc.

 

Just heard from husband who says the letter is a county court claim??? (Not actual CCJ as I had thought - lucky old me)

Is is this that I should defend???

How on gods earth do I get a transcript of the conversation??

 

Just called the debt people/solicitors - they have said that they will contact GE Money to look into it & will put things on hold for now. She said that will will call me in a few days once she has confirmed things. She wasnt very nice at all.

 

I feel so incredibly vulnerable - whats to say that they dont just erase things on the computer??

 

Well at least I have the fact that they did all this VICIOUS, DECEIPTFUL,

NASTYNESS before the allocated time.

 

Would the court take that into consideration?

 

Shall I send a letter to GE as well stating all of this - anyone got one with lots of legal jargon in it????

 

Thanks,

Electric Lemon:(

[electric lemon]

Hi there FM,

 

I wish I could pay them it all but cant:(

 

Could pay all the arrears within 6 weeks but not all. Wish is what they said they were happy with when I spoke to them on the 6th!!!!!!!!!

 

Do you mean pay the arrears & then get back to GE & say Ive paid the arrears, and am within my credit limit now, so let me speak to a manager so I can give someone ROCKS for all this S***?????

 

Theyll tell me to go whistle wont they??....i.e. 'we're sorry, its out of our hands now & been passed to debt collectors etc'.......

 

Havnt got the funds anyway so cant.

 

Grrrrr - all this stress is just so unnecessary.

 

Everytime I call them it takes forever to get through to them & then all I get is an indian chap who i so struggle to understand - its just dreadful. When I ask to speak to a manager I just get put on hold forever!!!

 

OMG I feel as if my heads going to explode:mad:

 

Electric Lemon

[electric lemon]

Thanks Tiglet,

 

Its all so scarey:confused:

 

I will definately do that with the form, saying that I want to defend it. I am nowhere near Northampton so will request a transfer to where I am.

 

Do you think that will give me much time?

 

Electric Lemon:D

[electric lemon]

Hi Sequenci,,

 

Yes, that was the letter that arrived from GE Money which said that I had to reply to them by the 8th March.....which I did!!

 

But they also got a CCJ thing on the 7th, & 'sold ' the debt on the 6th!!!!!

 

AMAZING HOW THESE PEOPLE WORK!!!!

[electric lemon]

Hi Steve,

 

Thanks millions!

 

Your advice was brill. I have taken note of all of it & will action as appropriate.

 

The SAR side of things is a little confusing. I did originally send a request for my statements a while ago, over the 40 days for sure. Trouble is I have no proof I requested them as I omitted to send by recorded delivery - great! I think this renders me a complete prat. No cheque was ever cashed either.

 

I will send another SAR tomorrow with inclusions & another cheque, however I am unsure as how to date it.

 

Should I backdate it???

 

Should I put tomorrows date?? If I do that wouldnt a Judge just say...you sent a SAR after the default was issued therefore the " Dispute" is not valid?

 

Confusion, confusion:confused:

 

Just dont want to put a foot wrong.

 

Help!!

[electric lemon]

Hi Guys,

 

Received letter from a solicitors headed......Notice of assignment.

 

It is dated 9th March - the day after I spoke to GE agreed a payment plan. My that was quick!!!GRRRRRRRRRRR

 

They say that they are acting for CL Finance Ltd (who the hell are they????).

 

They say...full payment must be made immediately to prevent a judgement against me - eat S**t & die you parasites!!!!!!!!!!!!!!! GOD IM ANGRY TODAY!!!!!!!!

 

Oh & it clearly states in black & white on the letter that they passed this to CL Finance on the 7th!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Which is as I had previously told you the day BEFORE the deadline that they had given me!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

All this stress is so doing my head in:(

[electric lemon]

Hi Guys,

 

I have slightly adapted the end of this letter. Comment most welcome please.

 

 

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

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

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

 

**Template section removed**

 

Please note that this account is now in dispute.

 

I should also like to advise you that I hereby request ALL data that you hold on me from ALL relevant filing systems, and I will require a transcript of all recorded phone calls pertinent to this account. Namely, the telephone call made on 08-03-2007 at 17:00 hrs to a member of staff "Sophie”.

 

 

Yours faithfully,

 

 

 

Im not very eloquent/articulate when it comes to stating things in a legal/scarey way. Im sure I could word things better at the end??

 

If anyone can say it better (which Im sure they can) I would be most grateful.

 

Thanks so much & Masses of muchos grathios(sp?)

[electric lemon]

Hi Tigs,

 

Thanks. You sound so nice I wish you were here for me to sniffle & snuffle & have a weep on your shoulder. I sure could do with it.

 

Ive also had a HIDEOUS day/night with the toddlers.

 

My house looks like someone has just let off a grenade & walked away, the children have been like those ones off the house of tiny tearaways, & husband is working. Im sure they can pick up on my mood, poor things, which is why theyve probably been like they have.

 

I NEED CHOCOLATE!!!!!!!!!!!!!! & chips....& some wine........& some pringles.........

 

....and I need to eat it all at once!!!!!!!!!!!!!!

 

I so do hope that I have them by the short n' curlies.

 

Best,

Electric

[electric lemon]

Hi pmhcfc,

 

Should I send a copy of the SAR to the solicitors????

 

As for the hips....get ready for a ton o'lard tonight babies!!!!!!

[electric lemon]

Hi Pam,

 

Thanks soooooooooooooo much for your intervention.

 

However, just to clarify......Do I send this copy to GE Capital.....& the Debt collector/solicitors? OR just to GE requesting my statements as the SAR.

 

P.s. Whats an IMO??!!

 

Ooooooooooooh Noooooooooooo Confusion!!!!

Sorry!

 

Electric:D

[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

 

[electric lemon]

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

 

Thanks

[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?

[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

[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

 

[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

[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.

[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

[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:)

[electric lemon]

Hi there Laiste,

 

Many thanks for such an excellent letter. It seems brilliant!

 

I wasnt able to adapt it & type until this morning so I wont be able to post till tomorrow now. Presumably I will have to change the date for them to respond to 8th April on the paperwork?

 

Here's the finished letter - let me know what you think & if there are any ammendments that need to be made.

 

 

Mrs Electric Lemon

XXXXX

XXXXX

Devon

 

27th March 2007

 

Claim Number: XXX XXXXX

Account Number: XXXX XXXX XXXX XXXX

 

 

Dear Sir/Madam

 

I have received the Court claim filed by your company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supercedes the Data Protection request made to GE Capital recently. The information must be furnished by the 7th April 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an order enforcing your compliance will be sought.

 

The following information is required:-

I hereby request all data that GE Capital hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my account formerly held with GE Capital. 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 GE Capital, 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 account formerly held with GE Capital.

 

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.

 

A true copy of the original signed agreement between myself and GE Capital.

 

A genuine copy of the deed of assignment. Between your Company and GE Capital.

 

Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

A true copy of any Default Notice issued in respect of this account.

All Data in respect of this account held in the relevant filing systems of CL Finance, including details of all telephone calls made by your organisation to my home and work telephone numbers and notes made in respect of those calls.

 

Specific details of the fees/charges levied by CL Finance in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

I look forward to your co-operation in this matter and receiving the documentation by the 7th April. Additionally, as the information requested contains sensitive personal details, I expect it to be sent by guaranteed next day delivery, to ensure its safe arrival.

 

Yours faithfully,

 

 

 

Mrs Electric Lemon

 

 

Let me know if that seems ok Laiste.

Crikey, I went over it with a very fine toothcomb (!), getting husband to read everything back to me to doubly make sure everything was included & no spelling mistakes. (I never want to give these people anything that they can use unneccessarily).

 

I am feeling more empowered by the minute!

 

Best,

Electric:D

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[electric lemon]

By the way....

 

Do I just send this letter just to CL Finance & have them contact their solicitors, or should I send a copy to the solicitors or do I just leave it???

 

Many thanks;)

[electric lemon]

Ah yes Laiste, but I guess you could look at it this way - you were too much of a Lady other than to word it as a mule type beast!!!!

 

However, HONEY....I'm here, I'm ready & I'm definately gonna start licking A****!!!!!!!!!!

 

YEE HA!!!!!!!!!!!!!

I didnt however make it today to send - very sorry.

 

I guess I shall have to amend the date to 28th on letter & 8th April to get back to me?

 

Also, sorry for being a brainless wonder but you do mean send to CL Finance by Guaranteed delivery by the g/d dont you??!!

 

Best,

Electric;)