Help - GE CApital Bank/Court Letter

[Fiona Flint]

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

[conar686]

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.

[Fiona Flint]

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.

[setmefree]

did you send your CCA request by recorded/special delivery and if so have you got a signature from them proof of delivery???

[Dibsthefrenchie]

It might be worth you defending perhaps on the grounds of disputing the amount outstanding, it entails a lot of work for the collection agency and will buy you quite a bit of time before they re-submit.

[trickytrish]

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

[Fiona Flint]

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

[conar686]

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.

[Fiona Flint]

Hello again

 

I am going to send the above to CL Finance. Do I need to request DOA and CCa also? or is it the same thing? Thanks

[Fiona Flint]

Do I need to send the above to CL Finance or to Howard Cohen & Co?

[conar686]

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.

[Fiona Flint]

Thanks. I think I get it now. I will send the defence to the court and form N9A to the claimant............please tell me I'm correct. I have also PM Laiste and waiting for a reply.

[conar686]

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

[vandermerwe]

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

[Fiona Flint]

Thanks guys. And as if things couldnt get any worse I got 1 6 month driving ban for totting up 12 points. hey ho

[conar686]

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

[vandermerwe]

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

[Laiste]

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.