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    • The vast majority of threads on this part of the forum are from fare dodgers who were caught and are trying to avoid a criminal conviction.   Your case is very different as there was no fare dodging whatsoever.  As it's the weekend there's plenty of time to get opinions from regulars who have a lot more experience than me here.  Plus as you came here immediately after receiving the letter so we have time to challenge the prosecution team.  I would suggest something polite but assertive such as -   Dear South West Railway,   Ref. XXXXX   I was most disappointed to receive your letter of 25 May regarding what happened in London Waterloo station on 22 March with your decision to offer me the choice of paying nearly £110 or of having to appear in a criminal court.   I note you have done this without first asking for my side of the story, unlike other similar companies such as Transport for London.   On that day I had taken the train from Walton-on-Thames to London Vauxhall, purchasing the correct ticket.  I boarded the train to London Waterloo, intending to get off at Vauxhall.  Unfortunately, although the majority of the Waterloo services stop at Vauxhall, the train I took did not.   Now I obviously realise that fare dodging is a serious problem for SWR and presumably ticket inspectors hear all sorts of tall tales from fare dodgers.  However, the ticket inspector who stopped me said I would be sent a fine for going to the wrong station and was incredibly rude suggesting it was stupid of me to not check where I was going, despite the fact that I was clearly distressed and crying by this point.    I would like you to consider two things.  Firstly, if you search for trains from Walton-on-Thames to Vauxhall on the SWR site, two of the three trains every hour to Waterloo on Sundays stop at Vauxhall, so mine was an easy mistake to make.   Secondly, the cost of a ticket from Walton-on-Thames to Vauxhall is exactly the same as the cost of a ticket from Walton-on-Thames to Waterloo, so it is obvious I was not fare dodging.  I had a ticket for the correct amount!  Indeed, if you purchase a ticket from Walton-on-Thames to Vauxhall on the site at a certain point the ticket morphs into Walton-on-Thames > London Terminals showing SWR are not bothered which central London station you alight at.   Does a banal mistake with no fare dodging involved which did not deprive SWR of a single penny in lost income really merit payment of nearly £110 or an appearance in criminal court?  The words hammer, nut and crack spring to mind.   I would respectfully ask you to reconsider such a drastic decision in my case.   Yours, 
    • I've been wondering whether to comment on this, as the 400 quid (or 1200 quid if you are a rich tory with three homes) is a bag of crap really even without the sting in the tail.   1. Its less than a third of the extra they are taking off an average household 2. Its short term 3. The extras thrown in (tax relief if they start drilling for oil in the north sea)   1+2. Speaks for itself even without all the cuts elsewhere. You get just a third back of what they have already been charging you and will be charging you. The prices still go up astronomically What should have been done is exactly what France has done and limit the increase via the cap, with the costs born by the oil/gas companies   3 IS The big sting. The companies to now have been throttled in drilling for more oil in the North sea as a) Its destroying the climate b) Its doubling down on a resource we can LITERALLY no longer afford in ANY way rather than forcing investment in renewables. c) Look at the target of that investment - it wont help the UK soon or ever - its just sold abroad with profits mainly going abroad - sod all to help the UK energy supply.   NOW - Sunak is incentivizing the investment that everyone with a clue knows will do nothing at all positive for anyone but a fews profits. He SHOULD be giving windfall tax relief on renewable energy project investments in the UK
    • The former climate chief (who was involved in Indie Sage early on) has spoken about Sunak's new measures.   Rishi Sunak’s Stealth Subsidy for Fossil Fuel Firms is ‘Disastrous’ says UK’s Former Climate Chief – Byline Times BYLINETIMES.COM Sir David King told Adam Bienkov that the stealth tax cut would damage the fight for 'a manageable future for humanity'  
    • Thanks very much.    That's exactly what I wanted to know
    • one per agreement covered by the consumer credit act. i would do each separately in sep envelopes. i know it sounds irish but you need free proof of posting for each  dx  
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Help - GE CApital Bank/Court Letter


Fiona Flint
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Can I have some advice please. I have an old debt that I have been struggling to pay back to GE Capital for over 6 years now. It has been passed onto a company called CL Finance. Anyway as the debt goes up and up I decided to ask them for a copy of the credit agreement. I got nothing back just a court summons and now I really don't know what to do. Can anyone help??

 

Thanks

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Can I have some advice please. I have an old debt that I have been struggling to pay back to GE Capital for over 6 years now. It has been passed onto a company called CL Finance. Anyway as the debt goes up and up I decided to ask them for a copy of the credit agreement. I got nothing back just a court summons and now I really don't know what to do. Can anyone help??

 

Thanks

 

What was the GE Product - CC, Store card ?

 

On what date did you ask them for a copy of the agreement not that it matters, was it using one of the templates here.

 

Could be the summons can be defended as the account may be in dispute and may even be unenforceable.

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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Hi..the account is a store card and I sent the letter about two weeks ago and got the template off the site. The letter from the court arrived on Tuesday. So advice would be good as I am panic mode now. I think its because I missed a payment.

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dont know weather this will help at all

 

file a defence against them saying you would like to see the Cca And Doa (deed of assignment) to prove this debt exists

 

you never know they might just cancel the court case if they dont have the cca I did this with one of my sisters accounts, they soon cancelled the court case and she's not heard anything since and this was back in february,

 

good luck tho :)

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Ok I will try to file a defence against them. Are there standars letters for that to? Also is that against GE Capital??? In the meantime what do i do with the court proceedings? Thanks

 

Looks like things passed in the post I agree somewhat with the sentiments above, if you challenge the court summons they may withdraw, its worth a shot

 

Chk out County Court Procedings by EGG, A defence such as the following may get you some time. Also Laiste is helping Bella so PM Laiste and ask if she can help you or know someone who can.

 

Something like the following may help

 

This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.

 

 

1. The defendant wrote to the claimant on 13th September 2006 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix A1)

2. This request has not been fulfilled.

3. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable.

4. . The Defendant invites the Claimant to remedy the above by supplying a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

5. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

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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1. The defendant wrote to the claimant on 13th September 2006 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix A1)

2. This request has not been fulfilled.

3. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable.

4. . The Defendant invites the Claimant to remedy the above by supplying a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

5. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

 

This is only for your response to the courts, read the thread for the best way to proceed.

 

I'd PM someone like Laiste to ask for further help I'm not a banana so the above is about as far as I can go.

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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Again I'm not sure what a form 9A is but definately use something like that defence on responses to the courts. Sorry I can't help further

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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I would suggest (based on experience) GE have flogged off the alleged debt as part of a job lot to CL Finance who now own the debt and it is up to them to demonstrate proof thereof.

 

There's loads about this company (and their paramilitary wing H. Cohen) but if you want contact details, phone numbers etc. just ask and I'll post them.

 

Good look - don't let the b******s grind you down.

 

Vandermerwe

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FF

 

Have a look at this thread which is similar to your case, it has some great letters from TT & a few posts by a v. busy Laiste

 

Re: help with particulars of claim

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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Oh hell, Fiona, that's bad.

 

To my mind the whole camera/laser [problem] is so similar to the bank rip offs - all about money and to heck with morality and ethics.

 

It's a bit late now, but suggest you visit PePiPoo: Helping the motorist to get justice as it tries to do for the motorist what CAG does for the beleaguered banked.

 

Of course, I assume you weren't doing 170 mph plus in a Porsche?

 

Unlike a certain plod from Telford who got away with something similar because he was "just testing" a new police car.

 

Best wishes.

 

Van

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Hi Fiona,

 

Have you checked with the Court to see what is the last date for filing your defence? The number is on the front page of the claim form on the right hand side, in very small writing. I would strongly recommend doing this to be absolutely sure of your dates.

 

The reason I am making the above point is because you need plenty of time to put together a defence. You should take all the time available to you to draft it, and for ease, use the MCOL service to file it online. If you use the online service, lets assume your last day for filing is Fri 7th Sept, you have until 4pm that day to do it by using MCOL.

 

Neither your Acknowledgement of Service or defence needs to be sent to the Claimant, it will be sent by the Court.

 

If you need any info to file your claim, for example, a copy of the agreement, statements of a/c, copies of the Deed and Notice of Assignment, insurance contract details etc, do not request these with a CCA or SAR. Once a Court claim is under way, it is not necessary each party has to provide the other with info vital to their case. if you have a look at other threads that I've contributed to (Bella's is one) you will find a letter I drafted which requests the info needed to file a defence/counter-claim. I would give the Claimant definitely no longer than 14 days to provide it, 10 days is probably preferable though. The letter must be sent to the Claimant's Solicitor and not the Claimant, by guaranteed delivery of course!

 

All contact between you and the Claimant and their solicitors must be in writing now that legal proceedings are underway; don't ring them and if they ring you, refuse to speak over the phone.

 

You will find various defences that I have drafted for people, that you may be able select parts from for what you need. Do be sure that your defence addresses each point in their POC. If you don't counter each point, it will be taken that you admit that particular issue. I hope that makes sense!

 

Kind regards,

 

Laiste.:)

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