GE Money V Piesky

[piesky]

Re: GE Money V Piesky

Hi CB, yes I'll do that later for you.

[piesky]

Re: GE Money V Piesky

Ok. This is on a N1 CPC claim form from Northampton County Court.

The POC is short and to the point.

Link Financial are the Claimant and two claim forms have been issued to both me and my OH (with the same claim numbers) Issue date of Claim - 09/06/2009

Amount claimed - £3522.89
Court fee - £85.00
Solicitors fee - 0.00
Total Amount - 3607.89

This is on each of the claims for me and OH:

The defendants are indebted to the claimant under the terms of a credit agreement dated 26/03/2001, and assigned to the claimant.
The agreement is regulated by the Consumer Credit Act 1974. The Agreement provided that interest would be payable before and after a judgment. The right to proceed for subsequent interest is reserved. default occurred in payment and the loan was called in under S.87

I think thats all the relevant stuff.

[Curlyben]

Re: GE Money V Piesky

ROFLMAO !!!

Well that's just pitiful !!!
No account numbers, date of assignment or even reference to law of Property, No mention of default and simply making stuff up with regards interest..
I assume as this is a N'hampton claim there's NO additional paperwork with it ?

So time for a letter to (Missing)Link.
The details of what you need are here: DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

[piesky]

Re: GE Money V Piesky

Thanks CB, had a good read of that and fully understand its implications for Link. I will put a letter together and post up for advice.

As you know, from previous posts, Link have in fact supplied a Credit Agreement, but without all the appropriate prescibed terms. How would this be handled in a CPR 31.14 request? Also, GE money have sold this to Link without even responding to my original request. Not only are they in default therefore but also committing an offence. Where do we stand on this?

My concern here is that Link will just say they have supplied the copy docs and everything is honky dory.

As you know, I originally requested the Credit agreement from GE Money to make sure it was all above board. My intention, on this being so, was then to proceed with reclaiming any and all charges applied with interest. However, it now seems that this option has been lost.

Thanks for any help and advice.

Piesky
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By the way, just to confirm, there is no other paperwork. Just Northampton County Court papers and Response Pack

[Curlyben]

Re: GE Money V Piesky

They have supplied something for your CCA request !!
That is TOTALLY separate from this court claim as they haven't even identified exactly what they are attempting to enforce..
Have you had official notification from GE concerning the assignment of this debt ??

Send them the CPR request and see what they send..
If they ignore this as well, them we'll simply inform the court that they are attempting to frustrate proceedings and abuse due process.

Further reading on assignment can be found here: Legal Beagles

[piesky]

Re: GE Money V Piesky

OK CB, I'll get it done ASAP.

Thanks for your help by the way. It is very much appreciated and takes away some of the stress involved with all of this.

Piesky

[WendyB]

Re: GE Money V Piesky

How come they have issued two separate claims for the same amount, one each to Piesky and OH? Can't they issue just one claim to Mr and Mrs, or does it have to be two separate claims? Are they hoping they will both admit it and then Link get double the amount owing? Or am I being pathetically stupid here?

[Curlyben]

Re: GE Money V Piesky

Same action, same claim number,but joint debt..

So here's the Stan.

1. Send them the CPR for information with 14 days for compliance.
2. File AoS, as needed (check dates and do it online)

• IF they comply with CPR then we'll do a defence, if not give them a call and ask if they are going to comply.
• They likely refuse and say the POC is enough.
• MAKE SURE YOU GET THE NAME OF THE PERSON YOU SPEAK TO !!

Then will RoShamBo them

[pt2537]

Re: GE Money V Piesky

How come they have issued two separate claims for the same amount, one each to Piesky and OH? Can't they issue just one claim to Mr and Mrs, or does it have to be two separate claims? Are they hoping they will both admit it and then Link get double the amount owing? Or am I being pathetically stupid here?

No

its a requirement of the CCA 1974, in particular s141(5) that all parties to an agreement shall be parties to proceedings

therefore they have to add the two parties, otherwise they are in trouble and their claim could fail

link will only be able to recover one amount not two, its standard really im afraid.

however, they are in trouble as i have passed some real nice stuff over to Mr Ben so i think they may have some problems on the horizon lol

[piesky]

Re: GE Money V Piesky

Do I need to send an immediate response to the court?

[piesky]

Re: GE Money V Piesky

Thanks alot

[Curlyben]

Re: GE Money V Piesky

Not at the moment.
AoS is to be filed 14 days after service.

[piesky]

Re: GE Money V Piesky

Hi CB,

I have logged in to Moneyclaim on line. Do I need to fill in the section Acknowledgement of Service - asking for the normal 14 days or extending it to 28 days, or instead, go straight to the response forms and fill in the disputing the whole claim section.

Thanks

Piesky
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And do I need to do this for both myself and my OH?

[Curlyben]

Re: GE Money V Piesky

You don't need to file the AoS as yet.
I believe you have until the 24th to do so.

Need to check the dates on this one with the N1.
It's best to leave AoS and defence until the last minute to maximise time.

[piesky]

Re: GE Money V Piesky

OK. Date of Service was June 9th.

I have sent CPR 31.14 request to Link Financial.