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

[electric lemon]

Hi Caro,

 

Many thanks for your input. I would like to say though that I have done nothing but "self-help" since Ive been here which is over a year now. I would never ask someone to simply do all my work, but there is much regarding the legal side of things that I just dont understand or know how to do, & thats where & why people come here, to get assistance about & regarding legalities that in any normal person theyve never done before and/or frightens the pants off them!

 

The likes of PT, Tomterm & many others have been, & as far as I am aware offer their expertise happily & readily. I dont have any level of expectation here, but am grateful for when these offers are made available to me.

 

I have a defence that I posted up above on No '517 under No'299. This needs to be amended with the particulars that Ive posted in 518.

 

But, I dont know how to put all this in in legal terms for an Amended Defence/CounterClaim (as Ive not done it before!), & with what may be accompanying extracts from previous cases i.e. "Woodchester & Woodchester" that may boost/assist/support my case.

 

There may have been people here that have already had dealings with CL FInance & been in a similar position?

 

There may be people that are real "legal Eagles " & can help with this?

 

There may be people here that have produced an Amended defence & Counter Claim that can post one here so I at least have some idea of how to do one/see how it is formatted??? Ive even googled this & that wasnt any help at all. I have spent some nights here trawling trying to find an AD/CC & not been successful at all. However there must be loads somewhere.

 

I would really like to see if someone can post theirs previously used so that I could adapt it to use for my case. Does this sound like a legitimate option?

 

The thing is Caro I cant self-help you see if Ive not done one before?????????

 

I hope you can understand.

 

Its been such a long journey here against this company & against this flaming Judge , who many here who have read my threadknow & realise should have thrown this case out ages ago.

 

I would also benefit from those at CAG who feel that this may not be advisable to actually go ahead & if thats the case, what would be the next step in organising negotiations. Do I call CL???

 

Im very tired as I have 2 babies who never seem to sleep at night & are exhausting. I work too & have tried my utmost to keep abreast/work hard on this. I really dont want to give up now, so if there is anyone there who can help I would be eternally grateful.

 

Many thanks,

Electric

x

[electric lemon]

Tom,

I could weep - Its so good to see you.

 

Thank you for being here for me.

Thank you for your help & truly being a rock.

I shall go over everything in the morning.

 

You have given me a better nights attempt at sleep tonight than I had thought possible before your posting. Thank you.

[electric lemon]

Hi there,

 

Tom,

 

Firstly, thank you for all your hard work in helping me. Ive gone through everything & I just have a couple of questions.

 

1. Where you have stated " Right of set off for charges" - Is this the Counter-Claim part? And if so shouldnt I put it in under that heading, or should it all go in together?

 

The reason I ask is because I found an amended defence/CC by CAR2403 that looked very different & was under specific headings?

(This is in Car2403 V HFC BANK Thread 67)

 

2. Am I not in the position that while the claimant fails to provide statements of account for the duration of the agreement, it cant prove what the amount outstanding on the account may be, so even if all technecalities were completed, with an enforcable credit agreement provided, the Court still cant enforce the debt????

Any offers anyone - PT are you there??

 

3. Can we not include the "Woodchester Lease Management V Swain" re the Default & NOA as them being unenforcable due to the penalty charges?????

 

4. What about the fact that I wasnt in receipt of the default. Isnt it the case that they need to show it was sent i.e. proof of postage???

 

5. When I calculate the charges Im unsure what % to show on the calculations??? There are 2 stated on the credit agreement:

1. 2.05% per month APR 27.5 for direct debit payments

2. 2.17% " " APR 29.3 for payment by any other means

 

6. What do I put as a % for the ?PPI charges on statements as "Account premium protection"???

 

7. Should it not be quoted about the CCA S.77a CCA 1974/S.6 CCA 1996 regarding the fact that statements must be provided?

 

 

Many thanks Tom, & anyone else that may be able to help.

 

Tom, Im not disputing anything that you have very kindly written, but am trying to see if there are any suggestions of mine that may be valid options or worthwhile considering from my legal peanut of a brain!?

[electric lemon]

Just found this posted previously by "Kingdom"

Hi Electric Lemon

 

I counterclaimed against GE Money although against CL Finance for late payment charges and mis-sold PPI, because CL finance didn't send any paperwork in the judge through it out.

 

I have now to take GE Money to task for the money back, they did make an offer before it went to court which I refused, so they passed it onto CL Finance to cause as much trouble to me as possible and delaying tactics.

 

I can send you a copy of my defence if you wish

how much would your counterclaim be for.

 

Regards

 

Kingdom

 

Sadly I have been unable to get hold of him/her despite trying repeatedly.

[electric lemon]

Tom term,

 

Think you may have missed this question earlier - Im confused?

 

Where you have stated " Right of set off for charges" - Is this the Counter-Claim part? And if so shouldnt I put it in under that heading, or should it all go in together?

 

Am I not in the position that while the claimant fails to provide statements of account for the duration of the agreement, it cant prove what the amount outstanding on the account may be, so even if all technecalities were completed, with an enforcable credit agreement provided, the Court still cant enforce the debt????

Any offers anyone

 

Can I not include the "Woodchester Lease Management V Swain" re the Default & NOA as them being unenforcable due to the penalty charges????? How do I quote this?

 

Also, I have looked on how I can get a % rate for PPI & there is nothing anywhere that I can go by i.e. anything stated on the agreement re % rates for unlawful borrowing. I presume then that I may as well charge at their normal borrowing rate of 27.5%. At the end of the day it will just give them an idea of what I aiming for wont it?

 

I have to get to bed now & Im at work tomorrow - can I ask is anyone around on Weds if I need to ask/get last minute advice?

[electric lemon]

Thanks so much Chris, thats such brilliant help.

 

Could I ask you to scan over thread posting number '521 at the top of the page here. Its the help that tomterm gave. Im so sorry if I come over as being thick as 2 short planks(!), but I cant see a divide between amended defence & counterclaim?

 

I think it is all amended defence? Is that right?

 

Would I put the Woodchester lease statement in both the amended defence & the counterclaim part as I would be CC'ing £1000??

 

Thanks so much.

[electric lemon]

Question:

 

 

6. Prejudiced caused in respect of failure to provide necessary data

 

My right of set off exercised above does not reflect the probable charges made in November 2002, March 2003, September 2003, October 2003, March 2004, June 2004, July 2004, August 2004, November 2004, December 2004, January 2005, March 2005, April 2005, July 2006, August 2006, September 2006, November 2006, December 2006, January 2007, at current interest at the rate applied by GE Capital Bank Limited @ 27.5%, totals £1454.52. (see schedule 3 ). Accordingly, I exercise my right under s13 of the data protection act 1998 to take legal action for breach of the data protection principals. These principals require Data Controllers to retain data for as long as necessary and it has been shown above that GE Capital Bank Limited failed to do so. The claimant has purchased all rights and duties of the Credit Agreement, and these duties include statutory duties under the Data protection act 1998.

 

I estimate these damages to be equivalent to the amount the claimant believes outstanding, and I ask the court to exercise set off in respect to this amount.

Im confused here??

 

Should I put in the amount estimated that I have calculated???

 

OR

 

Should I leave the amount out as Tomterm had thought it best that I say the amount is almost the total??

 

If so how can I put in a schedule??

 

HEEEEEEEEEElp.

Many thanks anyone thats out there.

[electric lemon]

Ok,

 

Here we go last question on the defence. The only statements that CL supplied showed 4 statements with £15 charges. I presume that I put these here as detailed below??

 

 

5. RIGHT OF SET OFF FOR CHARGES.

In the alternative if, which is not admitted, the claimant has produced adequate evidence as to the outstanding amount owed, throughout the course of the agreement, the claimant added numerous default charges (amounting to £60.00 as per the attached schedule 1) to the Account for my failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Particulars of those months in statements provided by the claimant are set out in schedule 1).

 

 

Hope this is right as then I will have amended the amended defence!

 

Thanks Chris - You're my saint!

[electric lemon]

An Order from the Court enforcing the Claimant’s compliance with the Defendant’s statutory notice under s.10 and s.12 of the Data Protection Act 1998, (issued to the Claimant on 24 September 2007, a copy of which is attached to this counterclaim statement) and damages at the Court’s discretion due to the Claimant’s failure to comply with that notice;

 

 

tHIS IS YOURS ISNT IT cHRIS???

 

Can I put in copies of the 2 x orders that CL failed to adhere to in my counterclaim package??

 

Thanks.

 

This would be it & then I can go down to the courts & submit it - hoo flamin ray!

 

Do you know I have had a cluster of 4 migraines this week beacause of this!!

[electric lemon]

Thanks so very very much Chris for being there for me today.

 

Honestly, honestly, dont know what I would have done without you today.

 

Wish we werent always having to be anonymous then I could buy you a large one at the local! or take you for a bite, or send you some flowers, or buy an enormous box of choocies!!!!!

 

That goes for everyone to be honest!

 

Im off to the Courts now - Gulp!

 

Its now just a case of waiting & seeing.

 

Feel like Im going to sleep for a week!

[electric lemon]

Thanks Caro.

 

I dont know if Ive done enough?? However, I have done my best with the limited knowledge I have.

 

Hope Ive at least made some kind of mark.

 

Heres hoping.

[electric lemon]

When I say limited knowledge...I mean mine, not anyones on here:)

[electric lemon]

Hi Guys,

 

Not heard a flamin bean?!

 

However, I realise that I omitted to send a copy of the amended defence & CC tp CL's solicitors. Was this an imperitive or was it something that may have sped a resonse up from CL? I wasnt under the impression that it was a 'must'?

 

Can anyone clarify please?

Many thanks,

Leccy

x

[electric lemon]

When I handed it all in I gave them a copy for CL finance, but didnt send them one.

 

I wish they would hurry up & contact me! I'd be more than open to negotiation but for some reason they have never ever offered me anything.

 

All I ever got from them was a court letter - nothing before not even a courtesy letter suggesting I make offers of payment.

 

They just went straight for the jugular.

 

Ive always wondered why as Ive seen many here that have payment plans with them??????

[electric lemon]

Hi Everyone,

 

I HAVE SOME NEWS!!!!!!!!!!!!

 

Today I received a letter from CL's solicitors which says........

 

....."After further consideration our client has decided not to pursue this matter any further, therefore the Claimant is prepared to withdraw their claim against you"!!!!

 

It is of course based on the premise that I withdraw my Counterclaim, and they have sent copies of documents for me to sign which state.

 

1. The Claim against the Defendant be discontinued

2. The Defendants Counterclaim be discontinued

3. There be no order as to costs.

 

These are stated as a Consent Order, of which there are 3 copies for me to sign & return to them which would then be lodged at the court asap.

 

OH MY GOD!!!!

Is this really true & happening???!!!

 

The stress, the sleepless nights, the migraines, the hellish worry & unimaginable hard work of not ever knowing if what I was doing was 100% good enough or right (other than the amazingly superb advice from you all here).

 

I can hardly believe it.

 

I wept when I received & read the letter.

 

Its been a hideous & all consuming battle, but it seems that Ive almost come through. Feel that, that should read "We" really after the immense, immense, immense, immense & superb, brilliant help received here :0)

 

Thank you all, my God thank you, for the unconditional support here that has undoubtedly assisted in a positive outcome.

 

I shall at the earliest possible moment contribute appropriately to CAG, & will always be available to anyone that feels they may benefit from my own experiences from the past 15 months.

 

I still would benefit from some advice however, just to doubly check that I am still on the right course, as I really would like to say to them that I would actually like them to remove all/any negative data they put on me because of all this.

 

Can I request that they do this or is it naturally deleted by them?

 

It does however look good doesnt it?!

 

Luuuuurve,

A very smiling & beaming & happy Electric Lemon tonight!

[electric lemon]

Bless you - that looks FANTASTIC PT!!!!!

 

OMG - I never thought Id see that title - YeeeeeeHa!!!!

 

How do I thank you??!! How?

 

My verbal thanks almost seems insignificant in a way, but believe me its far from that.

 

If I could go around hugging & squeezing you all I would!!

 

Here's huge breastical huggles to all those who want them - tee hee!!

...and platonic ones to those that dont!!

 

Yeeha! Yeeha! Yeeha!