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CL Finance/Cohen claimform - GE money Storecard debt


paul26may
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What was the debt in relation to? Most debts are covered by the Act but a few are not. When was the account taken out? What date does your girlfriend have to respond by? Can you please post the Particulars of Claim.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory32.

 

1. Store card with CL Finance/ GE Capital Bank

 

2. Taken out approx. 2 -3 years ago.

 

3. Issued 13th August, therefore 27th ?

 

4. Particulars of claim -

 

'The claimant's claim is for the sum of £690.76 being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and GE Capital Bank Limmited under reference xxx xxx and assigned to the Claimant on the 8th August, 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 the Defendant pursuant 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 26.005% per annum from the date of these proceedings to the date of judgment, or sooner payment, accruing at a daily rate of £0.63.'

 

She received a notice of assignment dated 10th August 2007 and received yesterday.

 

Does this help?

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Send the CCA request ASAP by special delivery (next day before 1pm) enclose a £1 crossed postal order and do not sign the letter.

 

a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

 

Was a default notice received?

 

'The claimant's claim is for the sum of £690.76 being monies due from the Defendant to the Claimant under a regulated agreement

Well first of all they are going to have to produce the regulated agreement. Are there charges on the account?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory32.

 

Pursuant to clause 7 of the agreement the Claimant also claims.......

 

I've noticed that claims from Brian Carter say the same thing each time only sometimes the number changes.

There is never anything like "15.1(b)" or anything specific.

I'm beginning to think that because this usually goes unchallenged they "may" be adding it into the POC.

I bet that even if your agreement turns up it won't relate to "Clause 7".

Plus it would be terms and conditions not "clause".

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I'm sure there has been a default notice. They have been landing on our doormat like confetti over the last 4 years. Equally there must have been charges. We are in the process of claiming charges on umpteen accounts.

 

Thanks to everyone who has kindly taken their time to help us.

 

We will get that cca done right away.

 

By the way, what is the reason for not signing?

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some creditors have been known to falsify agreements.

 

Spot on, also certain creditors have set accounts up to accrue interest after judgment.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 3 weeks later...
Hello again!

 

Just received a photocopy of the agreement. Came in a brown envelope on it's own. No covering letter, comp slip etc.

 

Could you post the agreement

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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You should send a holding response to the courts, something like but there are others out there, ;

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Does the document you recieved have the Prescribed Terms?

 

These are:

 

Amount of credit/credit limit

 

Repayment intervals

 

APR

 

Your signature and the signature of the lender and date of signing

 

If not, this document is worthless, as it is Improperly Executed at best, and possibly totally unenforceable.

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  • 1 month later...

I started a thread a few weeks ago for my girlfriend's problems with CL Finance and the above named. We got a SAR but nothing further happened and she has now got a ccj. Where have we gone wrong?

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Did GF file a defence or attend the hearing? Would need a few more details in order to help, i'm afraid.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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http://www.consumeractiongroup.co.uk/forum/general-debt/110506-cca-ccj.html

 

Did you file a defence? It doesn't say so on your other thread.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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