CCJ from GE Money have to respond by 26 May!

[Cristal]

I defaulted on a Debenhams card late last year, before I found this site. The debt was passed to Viking, who harrassed me beyond belief. I CCA'd them late February, which Viking ignored (tho significantly they did stop calling me, so I know they rec'd the letter). Two weeks later, I wrote to Debenhams and enclosed a copy of the CCA letter to Viking. I also wrote to Viking and reminded them of the CCA and cc'd Debenhams.

 

Debenhams replied with a copy of my application. My signature is undated and written in huge letters diagonally across the application is the word 'declined' (obviously this decision was reversed, as I did get a credit card). There are, I think, other errors and omissions. I wrote back and said they had sent me an application form by mistake. They sent me a larger copy of the application form and explained that it was 'accepted after further consultation'. I wrote back and again explained that I still had not been supplied with a true copy of a signed agreement and that the account remained in dispute. I reminded them it was illegal to pass my details onto any third parties and enclosed a Notice of Default (the 30 days had expired re CCA).

 

About 3 weeks later, I rec'd a notice from Viking, stating that my account with them had been closed and returned to Debenhams/GE Money and that legal action was no commencing. I then rec'd a letter from Howard Cohen Solicitors, telling me they act for CL Finance and that a claim had been submitted to the County Court that day.

 

I wrote to GE Money and complained about the fact that my account was in dispute and reminded them it was unlawful to lodge a Claim at court and to have passed my details to Howard Cohen. I demanded the withdrawal of the Claim. No reply. I sent another v. stiff letter. Again, no reply.

 

I have told the court I intend to defend the claim and have until 26th of May to do so.

 

Do I contact Howard Cohen, the court, GE Money....? Should I send an SAR? To the best of my knowledge, the 'agreement' they have sent me appears to be an application form and I believe that the account was legitimately in dispute.

 

Any advice wil be gratefully received!!!!

 

Many thanks!

[sar011279]

Sounds to me like they don't have a leg to stand on, they shouldn't have passed the alledged debt on and I would report them to FOS & OFT. The absense of a signed credit agreement is in itself a complete defence. Go see them in court and watch them squirm, just make sure you take a copy of all your letters and proof of postage and a copy of the Consumer Credit Act.

[powelll]

Send of the Acknowledgement of Service that comes with the claim form to give yourself time to prepare. Remember to keep a copy of this and send recorded delivery. There also some other threads on this site about defending county court claims - read these as you need to be aware that should you lose you will be liable for the other side's costs - don't give them this opportunity!

 

Best of luck

[Cristal]

Thank you Sar and Powell!

 

I've file the acknowledgement of service but must reply to the Court by 26/5. I've read another thread (Electric Lemon's) and Laiste gives v. good advice but I think my situation is different. I'd love to get them to drop the case entirely but don't know what the best strategy is - should I contact their solicitors with all my documentation? Or send it to court? And, if I send it to court, what is the best format and how much documentation do I include?

[sar011279]

I'd send to both, CCA in LARGE print along with all correspondance. Remember alledged debt.

[Cristal]

I'd send to both, CCA in LARGE print along with all correspondance. Remember alledged debt.

 

Thanks, SAR011279 (the site turned you into Subject Access Request, notme!). I agree that I should send the documentation to solicitors and court but I need to find out what the correct procedure/format is. It's an etiquette minefield and I don't want to make a mistake! I'd be grateful for any advice!

 

Again, huge thanks for your input.....Cx

[PriorityOne]

Hi Cristal,

 

A lot of these situations are pursued because a creditor/DCA hopes that you won't defend. If you have received court papers, then it's vital that you respond.... none-compliance of a CCA request is a complete defence in any court claim that it issued against you.

 

Reading through the thread, it seems that their solicitors may not be aware of the legal implications of what they are doing. I have copy/pasted a letter which I sent to solicitors who were threatening me with similar nastiness.... I have not heard a peep since. I now have it in writing from the original credor that all legal action has been stopped.

 

Dear Sir/Madam,

 

Your Ref :

Your Client :

 

I refer to your letter of xx/xx/2007.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a Consumer Credit Agreement (Consumer Credsit Act, 1974); received by xxxxxxxxxx on xx/xx/2007, followed by a letter dated xx/xx/2007 and xx/xx/2007 to remind them that the above account was in dispute. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

 

Make sure that everything is sent by recorded delivery.... and send a copy (cc) to GE Money as well.

[Cristal]

Many thanks for this excellent letter. Simple and to the point!!

 

Will let you know what happens next!

 

CX

[Cristal]

Hi Cristal,

 

A lot of these situations are pursued because a creditor/DCA hopes that you won't defend. If you have received court papers, then it's vital that you respond.... none-compliance of a CCA request is a complete defence in any court claim that it issued against you.

 

Reading through the thread, it seems that their solicitors may not be aware of the legal implications of what they are doing. I have copy/pasted a letter which I sent to solicitors who were threatening me with similar nastiness.... I have not heard a peep since. I now have it in writing from the original credor that all legal action has been stopped.

 

Dear Sir/Madam,

 

Your Ref :

Your Client :

 

I refer to your letter of xx/xx/2007.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a Consumer Credit Agreement (Consumer Credsit Act, 1974); received by xxxxxxxxxx on xx/xx/2007, followed by a letter dated xx/xx/2007 and xx/xx/2007 to remind them that the above account was in dispute. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

 

Make sure that everything is sent by recorded delivery.... and send a copy (cc) to GE Money as well.

 

Just read your post more closely....am now cc-ing GE Money. I have to defend my CCJ by this Friday...should I file a defense or wait and see if hear froom the solicitors? They received my letter yesterday.

 

Many thanks! CX

[PriorityOne]

I don't think it's wise to wait for anyone.... I would defend on the basis of non-compliance with a CCA request, just in case they try to go for one anyway... by default.

 

I have yet to do this myself though.... so someone else needs to guide you from here.

 

[Laiste]

Hi Cristal,

 

I got your PM, but I've been very busy and it sometimes takes me a while to respond, sorry!

 

You absolutely have to file a defence to this claim and you must not wait and see what the other party does. It's irrelevant what they do, you have to follow the Court's instructions, nothing else. If you don't file one, it will be taken that you admit the particulars of claim (PoC) filed by the Claimants and they will get judgment against you. I don't mean to alarm you, but it has to be filed by 4pm this Friday, given that the 26th is Saturday.

 

For the purposes of ease, it would be a good idea to file the defence (def) online using MCOL. Are you familiar with it?

 

An application form, and certainly one that is undated and has declined written on it, is not evidence of an agreement. I am a little baffled by your posts as to who owns this debt, can you clarify this for me. Also, if you could post up their PoC, which is detailed on the 1st page of the claim pack you received that would be most helpful. Do you have details of penalty charges levied to the a/c at all?

 

Don't worry about this, between now and Friday we can put together your def to submit. I would also recommend not long after doing this (if you have all the info about charges) submitting a c/c for harassment, and no doubt unlawful processing of your info under the DPA 1998, for registering a default with the CRA's, which is defamation of character. How does that sound for starters?

 

Regards,

 

Laiste.

[Cristal]

Thanks so much, P1. My concern is the presentation of the defense.....I want to make sure I'm giving the correct info, i.e., not too much and not too little.

 

Will keep you posted!

CX

[Cristal]

This is what I posted my other thread (CCJ From GE Money):

 

I defaulted on a Debenhams card late last year, before I found this site. The debt was passed to Viking, who harrassed me beyond belief. I CCA'd them late February, which Viking ignored (tho significantly they did stop calling me, so I know they rec'd the letter). Two weeks later, I wrote to Debenhams and enclosed a copy of the CCA letter to Viking. I also wrote to Viking and reminded them of the CCA and cc'd Debenhams.

 

Debenhams replied with a copy of my application. My signature is undated and written in huge letters diagonally across the application is the word 'declined' (obviously this decision was reversed, as I did get a credit card). There are, I think, other errors and omissions. I wrote back and said they had sent me an application form by mistake. They sent me a larger copy of the application form and explained that it was 'accepted after further consultation'. I wrote back and again explained that I still had not been supplied with a true copy of a signed agreement and that the account remained in dispute. I reminded them it was illegal to pass my details onto any third parties and enclosed a Notice of Default (the 30 days had expired re CCA).

 

About 3 weeks later, I rec'd a notice from Viking, stating that my account with them had been closed and returned to Debenhams/GE Money and that legal action was no commencing. I then rec'd a letter from Howard Cohen Solicitors, telling me they act for CL Finance and that a claim had been submitted to the County Court that day.

 

I wrote to GE Money and complained about the fact that my account was in dispute and reminded them it was unlawful to lodge a Claim at court and to have passed my details to Howard Cohen. I demanded the withdrawal of the Claim. No reply. I sent another v. stiff letter. Again, no reply.

 

I have told the court I intend to defend the claim and have until 25th of May to do so.

 

To the best of my knowledge, the 'agreement' they have sent me appears to be an application form and I believe that the account was legitimately in dispute.

 

I sent a v stiff letter to the solicitors and GE Money, compliments of PriorityOne:

"Dear Sir/Madam,

 

Your Ref :

Your Client :

 

I refer to your letter of xx/xx/2007.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a Consumer Credit Agreement (Consumer Credsit Act, 1974); received by xxxxxxxxxx on xx/xx/2007, followed by a letter dated xx/xx/2007 and xx/xx/2007 to remind them that the above account was in dispute. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully, "

 

I feel I need to file a defence anyway, in case GE Money and theirSolicitors fail to cancel the claim. I need help in the presentation....obviously, I should state that they have failed to comply with the CCA request but should I supply copies of all oof my letters, their letters and the so-called 'agreement'? Do I need to point out the shortcomings in the so-called agreement? I don't want to supply to muchh or too little....

 

Any advice will be gratefully received!!!!

 

Many thanks!

[Cristal]

Hi Cristal,

 

I got your PM, but I've been very busy and it sometimes takes me a while to respond, sorry!

 

You absolutely have to file a defence to this claim and you must not wait and see what the other party does. It's irrelevant what they do, you have to follow the Court's instructions, nothing else. If you don't file one, it will be taken that you admit the particulars of claim (PoC) filed by the Claimants and they will get judgment against you. I don't mean to alarm you, but it has to be filed by 4pm this Friday, given that the 26th is Saturday.

 

For the purposes of ease, it would be a good idea to file the defence (def) online using MCOL. Are you familiar with it?

 

An application form, and certainly one that is undated and has declined written on it, is not evidence of an agreement. I am a little baffled by your posts as to who owns this debt, can you clarify this for me. Also, if you could post up their PoC, which is detailed on the 1st page of the claim pack you received that would be most helpful. Do you have details of penalty charges levied to the a/c at all?

 

Don't worry about this, between now and Friday we can put together your def to submit. I would also recommend not long after doing this (if you have all the info about charges) submitting a c/c for harassment, and no doubt unlawful processing of your info under the Data Protection Act 1998, for registering a default with the CRA's, which is defamation of character. How does that sound for starters?

 

Regards,

 

Laiste.

 

Thanks and so great to hear from you! As you were posting this, I was starting a new thread in the legal section 'Need help defending a CCJ'....

Should I post a reply to you here? Or move it over to the new thread?

 

I'm not familiar with MCOL but have spoken to the court and they will accept a fax up to 4 PM on Friday. As to who owns the debt....Viking sent me a notice that my file was being returned to GE Capital, I then rec'd a Notice of Assignment from Howard Cohen & Co Solicitors but in the court claim, they seem to be representing 'CL Finance' (presumably somethiing to do with GE Money?). Even tho I CCA'd Viking in Feb, interest is accruing on the account.

 

I'll post the POC in a minute.

 

Enormous thanks!

CX

[Cristal]

Laiste -

 

Here are the POC:

 

"The Claimant's claim is for the sum of £XXXX.XX being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and GE Capital Bank Ltd under reference XXXXXXXXX and assigned to the Claimant on the XX of April 2007 notice of which has been given to the Defendant.

 

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(l) of the CCA 1974.

 

Pursuant to clause 7 of the agreement, the Claimant also claims contractual interest at a rate of 26.478% per annum from the date of these proceedings to the date of judgment, or sooner payment, accruing at a daily rate of £6.74"

 

The heading on the application/agreement that I was sent says:

 

'Thank you for taking the time to apply for an Account Card'. Under that: 'Only complete this application if you can answer yes to the 3 statements below.' Then, under that and centered: 'Credit Agreement Regulated by the CCA 1974'.

 

Then, as I said before, it has my name, address, phone number and my Mother's maiden name. My signature is undated and the GE Capitol signature is dated . There is no credit limit. Best of all, handwritten in large letters diagonally across the application form is the word 'DECLINED' (obviously, that decision was reversed but not on a new form!).

 

I could PM you the last three letters I wrote to GE Capital if you want.

 

Again, huge thanks for your time! Cx

[file_wizzard]

Why is the debt in dispute?, by the looks of your post you admit the account was applied for by yourself, you suffered payment difficulties and the creditor defaulted the agreement.

 

have you subsequently offered a re-payment plan, or formally disputed the amount owed (if you believe it contains unlawful charges) ?

[Bookworm]

2 threads merged, pls don't start a new thread elsewhere, it only makes things more difficult to follow and might lead to some advice being duplicated or missed.

[Laiste]

Why is the debt in dispute?, by the looks of your post you admit the account was applied for by yourself, you suffered payment difficulties and the creditor defaulted the agreement.

 

have you subsequently offered a re-payment plan, or formally disputed the amount owed (if you believe it contains unlawful charges) ?

 

File Wizzard,

The debt is in dispute because what the Claimants have furnished does not amount (from what Cristal has described) to a credit agreement. Regardless of whether an account was applied for or not, Cristal had a legal right under the Consumer Credit Act 1974, to know on what terms she was contracting. Otherwise, a creditor could claim any number of wholly unreasonable terms were assented to by Cristal, without producing documents signed by Cristal proving those facts. The Act is there to protect consumers from unscrupulous creditors, so if they do not have their paperwork in order as required by the Act, then that's their hard luck!

In my experience, many Companies act unlawfully literally from the moment an application is completed by a prospective debtor. They do not provide a copy of an agreement containing the prescribed terms for a debtor to sign, or provide the required copies. They simply accept an application form and then send out a card. A debtor isn't required to be au fait with the law, but a Company providing the credit is! So if said organisation, for whatever reason (probably cost, or perhaps they're just plain lazy) does not follow the procedures laid down by law, then I think it would be pretty churlish of anyone to say well, you applied for the card and used it, so you will have to face the consequences! It isn't that simple. If a debtor enters into an agreement, it should be effected in accordance with the Act, which I think is a minor responsibility for the creditor to bear, given the huge amount of money they make out of their customers!

Laiste.

[Cristal]

2 threads merged, pls don't start a new thread elsewhere, it only makes things more difficult to follow and might lead to some advice being duplicated or missed.

 

 

Sorry....I thought it belonged in the legal forum instead of here! My apologies...am still getting to grips wiith the etiquette!

[Cristal]

Why is the debt in dispute?, by the looks of your post you admit the account was applied for by yourself, you suffered payment difficulties and the creditor defaulted the agreement.

 

have you subsequently offered a re-payment plan, or formally disputed the amount owed (if you believe it contains unlawful charges) ?

 

Thanks for your post. In addition to Laiste's explanation, I might also add that all my considerable efforts to discuss/negotiate a reasonable and interim payment plan were completely ignored by the creditor, who rushed to a CCJ despite the fact the account was lawfully in dispute. Such bullying and thuggish behavior is unnecessary, counter productive and now technically illegal.

[Cristal]

File Wizzard,

The debt is in dispute because what the Claimants have furnished does not amount (from what Cristal has described) to a credit agreement. Regardless of whether an account was applied for or not, Cristal had a legal right under the Consumer Credit Act 1974, to know on what terms she was contracting. Otherwise, a creditor could claim any number of wholly unreasonable terms were assented to by Cristal, without producing documents signed by Cristal proving those facts. The Act is there to protect consumers from unscrupulous creditors, so if they do not have their paperwork in order as required by the Act, then that's their hard luck!

In my experience, many Companies act unlawfully literally from the moment an application is completed by a prospective debtor. They do not provide a copy of an agreement containing the prescribed terms for a debtor to sign, or provide the required copies. They simply accept an application form and then send out a card. A debtor isn't required to be au fait with the law, but a Company providing the credit is! So if said organisation, for whatever reason (probably cost, or perhaps they're just plain lazy) does not follow the procedures laid down by law, then I think it would be pretty churlish of anyone to say well, you applied for the card and used it, so you will have to face the consequences! It isn't that simple. If a debtor enters into an agreement, it should be effected in accordance with the Act, which I think is a minor responsibility for the creditor to bear, given the huge amount of money they make out of their customers!

Laiste.

 

Laiste, thank you for your eloquence and clarity. Apologies for my delayed reply....I only just saw your post!

 

I am now trying to get my head around my defence......presumably,I should write it all out chronologically and provide as much documentation for the court as possible, including letter from the DCA and the creditor? I know how busy you are and I am v. conscious of not wanting to waste your time. Many, many thanks.

CX

[Laiste]

Hi Cristal,

 

I will help you draft the defence that's not a problem. The essence of a defence is to refute every point in the Claimants POC. What you don't refute, it is taken you admit. I assume you plan to file a c/c in due course to claim damages for penalty charges, harassment, false information registered with the CRA's etc...?

 

Can you tell me the name of the Claimants, this info appears on the left hand side of the 1st page of the claim form. Personally, I would recommend submitting the defence using MCOL, it is very easy to do, you won't have a problem with it, honest!

 

Do you have details of all the penalty charges levied to the a/c or not? Have you received a Default Notice? I also need to know at what times of day you are around. Are you around during the day on Fri, or do I need to draft the defence for you tommorow evening?

 

Regards,

 

Laiste.

[Cristal]

Hi Cristal,

 

I will help you draft the defence that's not a problem. The essence of a defence is to refute every point in the Claimants POC. What you don't refute, it is taken you admit. I assume you plan to file a c/c in due course to claim damages for penalty charges, harassment, false information registered with the CRA's etc...?

 

Can you tell me the name of the Claimants, this info appears on the left hand side of the 1st page of the claim form. Personally, I would recommend submitting the defence using MCOL, it is very easy to do, you won't have a problem with it, honest!

 

Do you have details of all the penalty charges levied to the a/c or not? Have you received a Default Notice? I also need to know at what times of day you are around. Are you around during the day on Fri, or do I need to draft the defence for you tommorow evening?

 

Regards,

 

Laiste.

 

Laiste, you are a saviour! Many, many thanks for you advice and time...

 

The Claimants are CL Finance Ltd. I am assuming that c/c means counter claim?

 

I googled MCOL but couldn't get to grips with it. Is there a secret? I'm also bad at scanning and think I might have to send/fax documents, which I know I can do via fax.

 

I received a letter labelled 'Default Notice' dated 17/11/06. I sent one to GE Money on 7th April, along with the following letter:

 

Credit Data Management

 

Dear ,

 

RE:

 

I am writing in reply to your letter to me dated 31st March 2007 and thank you for the enlarged version of the document that was sent to me on the 9th March 2007.

 

I regret to say that this is not a properly executed agreement. It is a copy of an application form that has been marked ‘Declined’, among other errors and omissions on the document that invalidates it as an agreement under the Consumer Credit Act 1974. I look forward to receiving a properly executed agreement.

 

The account remains legally and officially in dispute. In fact, because I have yet to be supplied with a true copy of a signed agreement and the secondary time period has expired for you to satisfy this obligation (enclosed please find to my original letter requesting this, dated 12th February 2007 and received by Viking Collection Services Recorded Delivery on 13th February at 8:58 AM), GE Money/Debenhams is now in default (please see the attached Default Notice).

 

It is also illegal for GE Money/Debenhams to supply my personal information to third parties. Specifically, it is illegal for GE Money/Debenhams to pass on my details to Viking Credit Services. Under the Data Protection Act, the data subject must give their consent to the processing of such information. You do not have a properly executed agreement with me and I have not given my consent to distribute this information to third parties. Under Section 13.6 of the Banking Code, information may be given to credit reference agencies about debts you owe if ‘the amount owed is not in dispute’. The fact that GE Money has blatantly contravened the Data Protection Act, the Banking code and the Consumer Credit Act 1974 has caused me emotional and financial distress and undeserved humiliation. In addition to instructing GE Money to correct this situation by an immediate withdrawal of any Default Notice and correction of information held at Credit Reference Agencies, I also expect an unreserved apology and an offer of compensation.

 

I never received a reply, only a letter from Viking dated 04/04/07 telling me the account had been referred back to GE Money (the letters must have crossed in the post).

 

A letter dated 19th April was sent to me from Howard Cohen and Co solicitors, informing me of the impending CCJ.

 

In terms of penalty charges, do you mean any charges since I sent the CCA in February? And does that include interest charged? If so, in February, Viking sent me a demand for £8766 and the Court claim lists the amount claimed as £9145 plus a court fee of £240 plus Solicitor's costs of £100. So, yes, costs have been adding up.

 

I will be in tomorrow morning and tomorrow night and Friday morning. I will make myself available to your schedule. I cannot tell you how very grateful I am to you.

 

One last question...that great letter you posted? Should I send that to creditors/DCAs threatening legal action before it gets to the CCJ stage?

 

Enormous thanks

CXX

[Laiste]

Hi Cristal,

 

Yes c/c is counter-claim. I abbreviate wherever possible! The website address for doing the claim online is www.moneyclaim.gov.uk if you type in the address you will see there are step by step instructions to follow, which are straightforward. You need your claim no and the password which are both on the front of the claim. You are defending all of the claim and not filing a c/c at this stage. I would urge you to do it this way. There are no documents that are required to be sent to the Court at this stage, so scanning isn't a consideration.

 

The penalty charges I am referring to are the charges levied for late, missed pmts, exceeding the credit limit or for direct debit pmts returned, you get the idea. As you got into difficulties with the a/c, charges of one sort or another will have been levied, these are ones I am wondering if you have details about.

 

You have completely confused me with reference to a letter that you said I have posted? You go on to ask if you should sent it to the creditors threatening legal action before it gets to the CCJ stage? I am puzzled totally by this! You are involved in legal action now, so I don't understand what you mean by threatening legal action. Also, just because a claim has been issued against you, it is by no means a guarantee that they will get judgment against you and in turn a CCJ registered! They have to prove their case, which your defence and c/c will counter in it's entirety! A CCJ is registered if for example, a claim is not defended or the case is lost by the defendant and he does not have the ability to pay it within 28 days. So you must get out of the habit of referring to the "CCJ stage," there is a long road to travel before we reach that possible eventuality, and that's what it is, a possibility!

 

In case you were unaware, the debt has been sold to the Claimants detailed on the front page of the claim pack, so we have further arguments to raise in respect of the assignment of the debt, but we'll cover that in the c/c. No need for you to worry about that now.

 

Don't send any letters to the creditors or any other party involved at this stage. The important thing is to get the def sorted out and then look at what info we have and if we need other documents from the Claimants to file the c/c.

 

Regards,

 

Laiste.

[Cristal]

Hi Cristal,

 

Yes c/c is counter-claim. I abbreviate wherever possible! The website address for doing the claim online is www.moneyclaim.gov.uk if you type in the address you will see there are step by step instructions to follow, which are straightforward. You need your claim no and the password which are both on the front of the claim. You are defending all of the claim and not filing a c/c at this stage. I would urge you to do it this way. There are no documents that are required to be sent to the Court at this stage, so scanning isn't a consideration.

 

The penalty charges I am referring to are the charges levied for late, missed pmts, exceeding the credit limit or for direct debit pmts returned, you get the idea. As you got into difficulties with the a/c, charges of one sort or another will have been levied, these are ones I am wondering if you have details about.

 

You have completely confused me with reference to a letter that you said I have posted? You go on to ask if you should sent it to the creditors threatening legal action before it gets to the CCJ stage? I am puzzled totally by this! You are involved in legal action now, so I don't understand what you mean by threatening legal action. Also, just because a claim has been issued against you, it is by no means a guarantee that they will get judgment against you and in turn a CCJ registered! They have to prove their case, which your defence and c/c will counter in it's entirety! A CCJ is registered if for example, a claim is not defended or the case is lost by the defendant and he does not have the ability to pay it within 28 days. So you must get out of the habit of referring to the "CCJ stage," there is a long road to travel before we reach that possible eventuality, and that's what it is, a possibility!

 

In case you were unaware, the debt has been sold to the Claimants detailed on the front page of the claim pack, so we have further arguments to raise in respect of the assignment of the debt, but we'll cover that in the c/c. No need for you to worry about that now.

 

Don't send any letters to the creditors or any other party involved at this stage. The important thing is to get the def sorted out and then look at what info we have and if we need other documents from the Claimants to file the c/c.

 

Regards,

 

Laiste.

 

Thanks for your speedy reply.....I will check out the website tomorrow when my brain is working. Clearly it is not as the letter I referred to in my previous post to you is one by PriorityOne in this thread. I have sent it to the solicitors and GE Money. I am sorry for the confusion.

 

I am assuming that precise a/c charges are required for the defence and, again, I will get these together tomorrow.

 

Interesting that the debt has been sold to CL finance and by how fast this all moves. I am so grateful for your help and hope that I can be of help to you one day...I am also so glad you are on my side. Your grasp of the legal implications is awesome. CX