Cl Finance & Ge Money

[vandermerwe]

Despite being on a CCCS Debt Management Programme CF Finance has issued a county court claim for £700 odd they allege they have bought from GE Money. I've never had one of these before, so any suggestions on how to be as difficult as possible would be appreciated. vandermerwe

[dannyboy660]

Hi,

 

Defend the claim by telling the court you are already paying the debt to the original creditor through a debt management plan, and you do not recognise CF Finance's right to collect this debt. The DMP has been arranged on a pro-rata basis so that your payments are being fairly distributed to all your creditors. You can illustrate this through the income and expenditure section and attach further details on a separate sheet if necessary (If that's still allowed). Make sure you point out the payments are made through an authorised third party, CCCS.

 

Respectfully 'suggest' to the judge that should any judgment be made, it should be in keeping with your current payment level, as you suspect CF Finance have issued this claim with the intention of securing unfair advantage over your other creditors, and they have yet to provide any evidence they legally own the debt, and not your original creditor.

 

I think you'll find the claim will either be struck out, or you'll get a judgment ordering you to pay at the same rate.

 

Have you already done a CCA request?? Someone else more savvy with CCA's will help you with that.

 

All the best.

[dx100uk]

is this a stamped court claim or just one of the imitation ones s DCA's sent to frighten people?

 

if it is not stamped then its fake.

i'd start with a CCA request & £1 fee to the DCA

 

dx100uk

[dannyboy660]

is this a stamped court claim or just one of the imitation ones s DCA's sent to frighten people?

 

if it is not stamped then its fake.

i'd start with a CCA request & £1 fee to the DCA

 

dx100uk

 

 

Yes good point. I forgot that old trick......

[vandermerwe]

Thanks dannyboy 660 and dx100uk. Firstly it's CL Finance and not CF. I know a visit to an optician is overdue! Secondly I am sure the claim form is genuine as it gives a password to link with http://www.moneyclaim.gov.uk where the claim shows up. The Claimant is CL Finance but they give a solicitor's name (Howard Cohen) for all documents and payments. The claim is in respect of a store card (Russell & Bromley) and as recently as mid-May I was dealing with GE Money and their own company Viking Collection Services giving details of the CCCS debt management programme and the budget prepared by them. It appears they have been offered £5.00 per month by the CCCS with the first payment due to be paid to them any day now (I have already paid the CCCS). I have also paid £1.00 token payments monthly in the interim. I've got a copy of the original agreement - is it worth asking the Claimant for a copy? CCCS advise returning the documents, completed, to Cohen (by recorded mail) together with a copy of the budget they have prepared for a joint DMP with my wife. Although I deal with all paperwork she is the Defendant in the matter and suppose she must sign despite trying to recover from a mental breakdown. Dannyboy660 - is it worth sending your suggested letter to Cohen? The CCCS say do NOT acknowledge service to the court. Any further suggestions would be gratefully received as I have never had to deal with debt collectors before. I supposed GE are a bit miffed at being fined £600,000 by the FSA, having to face up to £10 million in refunds for mis-selling payment protection insurance and then losing the Harrods store card account. Vandermerwe

[dannyboy660]

"CCCS advise returning the documents, completed, to Cohen (by recorded mail) together with a copy of the budget they have prepared for a joint DMP with my wife. Although I deal with all paperwork she is the Defendant in the matter and suppose she must sign despite trying to recover from a mental breakdown. Dannyboy660 - is it worth sending your suggested letter to Cohen? The CCCS say do NOT acknowledge service to the court."

 

 

Not acknowledging service to the court sounds like a bit of a dangerous tactic to me. If the claimant can prove your residential address and the claim shows on MCOL, then it may be possible to get judgment by default if they choose to ignore your reply, or it mysteriously gets lost. Strange things do happen when you deal with DCA’s - but if that’s the advice CCCS have given you then there must be a reason for it, although it certainly doesn’t make sense to me.

 

If you acknowledge through the proper channel, but offer defence as stated in my earlier post you have the opportunity to challenge ownership, request CCA through the court, and if it goes the same way as the myriad of other CCA requests on this forum, you have an opportunity to kill it stone dead with the protection of the Civil Court.

 

Whose side are CCCS on??

 

I’m sorry I really don’t know what to say. I don’t want to offer you advice which will almost certainly lead to confrontation with the DCA, so perhaps you should play it safe and follow CCCS advice, unless someone else here on CAG could offer an alternative???

 

 

Arrow Financial | Consumer Credit Counseling Services (CCCS)

 

Just so you are aware.....

 

All the best.

[vandermerwe]

Hi dannyboy660. I've now had some paperwork from the CCCS and also carefully studied the moneyclaim.gov site. I can now understand (or think I do) why the CCCS advised the way they did - the Acknowledgment of Service implies either a defence or contest of jurisdiction. As the amount claimed is what is owed, and I have correspondence with GE about this amount, there is no defence and it would appear that CL Finance are allowed to reclaim the court fee of £70 and Howard Cohen's bung of another £70. The acid test is that any defence (according to the CCCS) will mean a hearing will be set for my local court and I must attend the hearing. Although I am using the first person in this note to you, the defendant is my wife and is regrettably unfit to appear in court for medical reasons and we can't afford a solicitor. I think the CCCS is pretty good. They are obviously overwhelmed by debtors seeking help and yet remain helpful and courteous. They have completed our debt management plan's creditor summary as at June 12 and already show £5.00 per month to be paid to CL Finance. They tell me to send this and our budget prepared on April 25 securely attached to the claim form using recorded delivery. Presumably CL will get judgment but not interest. If they bitch about the £5.00 which - given their apparent reputation I have no doubt they will - then I shall apply to the court for a redetermination. Obviously the content of your post #2 gives me ammunition. Just for your info. I'm not a professional dodger of debt - the DMP only consists of finance companies and no private creditors - but a successful business I ran overseas for 30 years just didn't take off here. Finally, the CCCS must be a thorn in the side of Arrow Financial and their ilk and I've brought that particular libel to their attention. Sorry for all the waffle and can only thank you once again for your interest and help. Regards, Vandermerwe.

[dannyboy660]

Under the circumstances, I guess it might be better for you if you just follow the guidance of CCCS. It will avoid any serious confrontation and trips to court, but you will probably end up with a CCJ if they get judgment by default. At least that puts an end to any harassment for more money or a higher payment rate (hopefully).

 

It hadn't occured to me that CCCS might not be aware of Arrow Financial's little game, but it proves beyond doubt that the DCA's will now stoop so low as to target people on DMP's, already paying. It's just a case of taking it over from the OC, and making a small fortune on a debt that can be charged off anyway!!

 

Best wishes to you and your wife.

[vandermerwe]

Hi Dannyboy660 - your good wishes are greatly appreciated. Documentation duly sent off and now the anticipated second one has arrived this time for dearly beloved's Harrods' card which she had held for 20 odd years and had been elevated to Gold Status. She's actually not too upset about this as Harrods' Egyptian proprietor had ditched the store card and got rid of GE Money/Capital Bank who had been administering it at an eye watering rate of interest. That must have hurt GE and made them even more bitter and twisted. Wish they'd stick to making jet turbines. That should be it for now - thanks again for your support. Vandermerwe