I put wrong address on MCOL...

[nickjonesuk]

Hi,

 

I took Top Man to court but I couldn't find an address except a payments address on the bill. So I put the store address where I was asked & filled in a form to sign up, where I use the card, its the name on the card and my bill.

 

I now know this was a mistake and they have put a defence in, Can I ask them to forward this to GE? I know it is my fault but I dont want to loose the court fee.

 

Thanks..

 

Nick

[Glenn UK]

What does their defence say?

My gut instincts tell me you are suing the wrong organisation and you can amened the claim for this as its been issued.

 

Glenn

[Michael Browne]

My inschintss issh yorr rite!!

[kippy2]

Hi,

 

I took Top Man to court but I couldn't find an address except a payments address on the bill. So I put the store address where I was asked & filled in a form to sign up, where I use the card, its the name on the card and my bill.

 

I now know this was a mistake and they have put a defence in, Can I ask them to forward this to GE? I know it is my fault but I dont want to loose the court fee.

 

Thanks..

 

Nick

 

but top man are part of ge money and they know this. just being silly buggers in their defence

[kippy2]

My inschintss issh yorr rite!!

 

had a few tonight MB so have i but can still type ok!!!

[Glenn UK]

My inschintss is sh yore rite!!

 

I don't get you !!! :D

 

Jeeze MB you should know by now, i post and edit as a matter of routine.

 

Glenn

[Michael Browne]

you can amened the claim for this as its been issued.

 

Can or can't?

[kippy2]

but guys top man is part of ge money so whats the issue? :? and ge money damn well know this they are picking silly holes.

[Michael Browne]

It will depend on who has acknowledged and what their defence is. It may well be that Top Man has has passed it to GE and they've put in a standard defence. Won't know until Nick replies.

[kippy2]

It will depend on who has acknowledged and what their defence is. It may well be that Top Man has has passed it to GE and they've put in a standard defence. Won't know until Nick replies.

 

ok thanks for that. will see what nick says

[nickjonesuk]

Hi Guys,

 

Thanks for your reply, I am away from home today but the defence is something or another about their financial services are through a third party...

 

Will get the full defence later today.

 

Thanks...

[Glenn UK]

Can or can't?

 

Cant amend for the defendant i believe since the claim has actually been issued.

 

Looks like they have basically said you're suing the wrong firm mate in their defence.

 

JMHO

 

Glenn

[nickjonesuk]

Sorry for the delay, here it is...

 

Defence:

The topman card from whcih the alleged debits were made is operated by a third party, GE Capital and not the defendant.

The claimant entered into an agreement with GE Capital (Not the defendant) governing the issue and use of the Topman card.

The defendant does not have access to the Claimant's account nor details of the debits as these are handled by GE Capital.

Any alleged debits to the Claimants account were not made by the Defendant.

 

Do you think i will have to drop the case and loose my fee?

[Michael Browne]

Do you think i will have to drop the case and loose my fee?

'Fraid so. All you can do is re-issue it with GE capital as the defendant. But first you will have to send a prelim and LBA to GE

[nickjonesuk]

Thanks.