URGENT advise needed ASAP

[oosma]

ok ive worked that out

Interest works out to £277.32 making a grand total of £ 580.32 much more than they are claiming against me anyone no what i should do now? Rory are you out there anywhere??????

[oosma]

 

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

can anyone help me with this

[rory32]

Can you post GE's POC please.

[oosma]

sorry - whats a POC??

[oosma]

Particulars of Claim perhaps!!

 

The Claimants claim is for the sum of £351.01 being moneies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and GE Capital bank Ltd under reference xxxxxxxxxxxxxxxx and assigned to the Claimant on the 18th July 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 to section 87(1) of the Consumer Credit act 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 dat eof judgement, or sooner payment, accruing at a daily rate of £0.39.

 

hope this is what you meant

[oosma]

Did i post the right stuff?

[oosma]

hi sorry to persist but can anyone help me with my defence?

[oosma]

anyone!!!!

[oosma]

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

can anyone help me with this?

its getting urgent now

[vinegarvera]

Sorry I cant help but I will keep bumping for you!

 

Little bump for oosma he sounds frantic!!

[oosma]

thanks vinegarvera

can anyone else help me?

[Goldlady]

Oosma, I have not done one of these but this is what I would say. Hopefully someone much more knowlegeable will come along and correct it but here goes:

 

I filed an acknowledgement of service on 13 August 2007. At that time I was aware that unlawful penalty charges had been applied to the account but was unable to quantify them. I sent a letter to the claimant, enclosing a cheque for £10, requesting full information about my account with them, a SAR. The cheque cleared my account on 21 August 2007. On 4 September 2007 I received a list of the charges they had applied, however this was not the full information I believe I was entitled to receive and did not assist me in preparing my defence against this claim. As I have been charged interest on these charges I needed further information about the account in order to prepare my defence.

 

I was then informed that judgement had been obtained against me on DATE.

 

Since the account was opened I have been charged £303 in unlawful penalty charges, and such charges continued to be applied in spite of the recent OFT ruling about credit card charges. The interest on these charges amounts to a further £xxx. I therefore request that the judgement be set aside on the basis that I was not given sufficient information by the claimant to prepare my defence and that the amount claimed is represented entirely by penalty charges and interest thereon.

[oosma]

thanks goldlady do you know the outcome yet?

as I have heard nothing else ill try that approach

[Goldlady]

Hi Oosma - they withdrew their claim;). Another one on the go at the moment.

 

Is there anyone out there who can help with Oosma's set aside application? I have tried - see above - but would welcome an expert's opinion.

[Goldlady]

I have tried to attract attention but have managed to delete my post:confused: I hope someone will come and help.

 

They withdrew their claim Oosma:p - another one on the go at the moment.

 

Is there anyone out there who can help with Oosma's set aside claim?

[steven4064]

oosma

 

Sorry no one has got back to you. I have just read through the thread.

 

1. has the judgement now been set aside or have you at least sent back the forms for it to be set aside. The set aside should be requested on the basis that GE Capital did not send you information you requested pursuant to CPR part 40 on 20 August (or whenever you sent it) and so you were not able to make a defence (or counter claim).

 

2. do you have any significant dates coming up - dates when you have been told you need to produce something or hearing dates?

 

3. have you calculated the interest on the list of charges GE capital sent you on 4 September?

 

4. what you need to do is to produce a defence/counter claim based on a PoC for a credit card claim. I have one I used against GE money I will try and post later when I havew modified it a bit.

 

I'll be back soon.

[steven4064]

Hi Oosma

 

Here is a draft Defence and Counter Claim that you can use. Because it contains a counter claim you will have to pay the appropriate fee to the court.

IN THE XXXX COUNTY COURT CLAIM No XXXXXX

 

GE CAPITAL BANK LIMITED ( TRADING AS GE MONEY)

Claimant

- and -

 

 

OOSMA

Defendant

------------------------------------------------------------------------------------------------------

 

DEFENCE AND COUNTER CLAIM

 

------------------------------------------------------------------------------------------------------

 

Defence

 

1. The Defendant admits it has an account number xxxxxxxxxx, ("the Account") with the Claimant which was opened on or around date.

 

2. During the period in which the Account has been operating the Claimant has automatically debited numerous charges ("the Charges") to the Account in respect of purported breaches of contract on the part of the Defendant and also charged interest on the Charges once applied at an annual rate of 29.9%. The Defendant understands that the Claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Defendant.

 

3. A list of the Charges (“the Schedule”) applied has been supplied by the Claimant and is attached to this Defence and Counter Claim.

 

4. The Defendant contends that:

 

a) The Charges debited to the Account were punitive in nature; were not genuine pre-estimates of costs incurred by the Claimant; exceed any alleged actual loss to the Claimant in respect of any breaches of contract on the part of the Defendant; and were not intended to represent or related to any alleged actual loss, but instead unduly enriched the Claimant which exercised the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Claimant to levy the Charges is unenforceable by virtue of

 

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

 

ii) the common law relating to liquidated damages and penalties in contracts.

 

5. The Defendant avers that, by this action, the Claimant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem.

 

6. The Defendant disputes the Claimant’s claim because the Charges and the interest levied thereon, and which the Defendant contends are unlawful, total £yyy.yy which [exceeds][constitutes the major portion of] the monies claimed by the Claimant.

 

Counter claim

 

7. Accordingly the Defendant claims:

 

a) the return of the Charges in the sum of £xx.xx (amount in words) and the interest of £yyy.yy (amount in words) levied thereon and debited to the Account and detailed in the attached schedule, in the total sum of £xxx.xx (amount in words);

 

b) Court costs;

 

c) Interest under section 69 County Courts Act 1984 at the rate of 8% per year and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.022%.

 

The Defendant believes that the facts stated in this Defence and Counter Claim are true.

 

 

 

 

Oosma

You will need to alter the bits in purple. In paragraph 6 choose the correct option.

 

[oosma]

Thanks steven and goldlady

 

Ive been a bit of an ostrich about this and completely avoided it as I have had no further letters since the form to set aside judjement.

 

Will it be to late to get them to set aside the judgement now? or can i still go ahead with the above..im panicking a bit now!!!

 

I have copied and filled in the blanks in the defence that you sent steven but im unsure of the interest rate should i go ahead with the 29.9% also im unsure that ive done the interest right - for example a £15 charge on 16.09.2001 is coming up as £60.11 does that sound right?

 

Also do i still need to apply to set aside the judgement aswell (if its not too late) as sending this?

[steven4064]

The banks seem to be allowed to submit defences very late - I don't see why you shouldn't. Yes you will need to apply for a set aside as well.

 

On the interest - 29.9% means that the amount doubles every 3 years (approx) so over 6 years it would multiply by about 4 - which is what you are getting - so yes, it looks about right. (the fact that 29.9% interest doubles the amount every 3 years is a fact that seems to be missing from any GE Money store card leaflet I have seen - I wonder why? )

[oosma]

thanks

do they both need to be done at the same time? im a bit skint and cant really afford the £65 to set the judgement aside!

[steven4064]

I think that needs to be done first - the logic is:

 

You want the judgement set aside because you didn't have chance to submit a defence

You are now submitting a defence

And by teh way, you are making a counter claim.

 

Speak to the court about the best way to do it - they may all go in together or the set aside first.