CL Finance/Cohen claimform - GE money Storecard debt

[paul26may]

My girlfriend has just received a claim form from Howard Cohen and Co. regarding a debt with Creation. She has been paying £1 per month as advised through Pay Plan.

 

Will a CCA request do any good at this stage in the proceedings?

[rory32]

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.

[linz2011]

Hi

 

If this is relating to a store card please have a look here

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105086-help-particulars-claim.html

 

Hope this helps

[paul26may]

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?

[rory32]

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?

[NitrousOxide]

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".

[paul26may]

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?

[sequenci]

 

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

 

some creditors have been known to falsify agreements.

[paulwlton]

some creditors have been known to falsify agreements.

 

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

 

Paul

[paul26may]

Hello again!

 

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

[paulwlton]

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

[conar686]

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

[noomill060]

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.

[noomill060]

If you can scan it or put a photo of it up here (removing your name and address) we can tell you if it's any good or only fit for the bin.

[paul26may]

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?

[tiglet]

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

[Goldlady]

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.