URGENT advise needed ASAP

[oosma]

When I phone the court do i tell them that im awaiting a response to the sar so i can despute the debt as it is made up of charges?

[rory32]

Did you send the CPR letter? If so you need to inform the court that you have not received this information e.g. a list of charges on the account, etc. This would have been key to your defence as the amount owing is disputed.

[oosma]

I sent it on the 21st august, anything else i need to tell them?

Ive just checked when the cheques were cashed - also 21/08

[rory32]

Did you enter a defence? What date were you given to enter a defence by?

[rory32]

For now just phone the court. I think they close at 4:30pm (most do).

[oosma]

ok ill do it now. i havent filed a defence just sent the cpr letter

[oosma]

they are going to send me a form to apply to set the judgement aside, and in the meantime told me to contact the solicitor, which im going to do now

[oosma]

the solicitor is looking in to it at the moment and is going to call me back. ive just realised that today is the date that they should should have responded with the requested info.

but i havent filed a defence have i screwed up????????????

[rory32]

have i screwed up????????????

 

Yes and no. You should have entered a defence but you can ask for a set aside and it should be granted on the basis that the information you requested was not received.

[oosma]

The solictors are going to set the judjement aside for 7 days, but say they wont supply me with any of the info requested because i havent sent any payment - (i sent the cheque for £10 to Ge cashed 21/08) and that i should contact GE, she also said that i couldnt give specify a time for them to supply me with the information. I check when i sent the SAR but i dont think the 7 days will be enough time!!!what shall i do?

[oosma]

SAR was sent 15/08 so that takes me to mid october presuming i cant include weekends in the 40 days!! any advice?

[rory32]

You asked for the information under the Civil Procedure Rules the 40 days does not apply to this request, neither is there a fee payable for the information that should be disclosed under the CPR.

 

The solicitor is attempting to muddy the waters and confuse you. If they do not wish to provide the information then do not press them for it. Not providing the information adds to your defence. Do not phone the solicitors again.

 

Remember the solicitor represents GE Money they are not there to help you.

 

Let us know when you get the application to set aside from the court and we will come up with a defence.

[oosma]

Thanks Rory Id be lost without you

[oosma]

Hello

Received a letter today from GE in response to the SAR detailing all the charges applied to the account since September 2001 but no statements or anything else requested in the CPR letter. According to them the charges total £303 so the amount that GE is claimimg (£351.01 + £40 court fee and £50 solicitors cost) is predominantly made up of charges

[rory32]

Have you added interest to the charges? They will have added interest to the amount that they are claiming.

[oosma]

No thats a good point...am i to trust them that these are all the charges applied as they havent sent me the statements etc.

[rory32]

am i to trust them that these are all the charges applied as they havent sent me the statements etc.

They don't actually have to send you statements. GE's record keeping from experience is rather ropey - do the charges seem about right?

[oosma]

i have absolutely no idea :o

[rory32]

Okay for the time being we will have to assume that they are correct. Have you worked out the total with interest yet (interest will be whatever was on the store card, usually about 30%)?

[oosma]

ive got the letter from the courts to ste aside the judgement - what now

do i just assume 30% re the interest?

[oosma]

any ideas anyone?

[Goldlady]

have they given you the dates the charges were made? You need them to work out the interest. I would work it out at 30% if you have no other information. If you need help working it out let me know.

[oosma]

Ive used the charges template from the library but the interest is calculated at 8% how do i change this to 30%...sorry if im being a bit thick!!!! Also any advice on the defence ?

[steven4064]

The problem is that the 8% is simple interest and the 30% will be compound. I usually use Mindzai's spreadsheet - put APR on p1, changes on p2 (ignore interest column), ignore p3, interest comes out on p4.

[oosma]

thats really confused me!!!

can i just divide the total from the 8% by 8 and multiply by 30?