ASDA Credit card GE money Help needed

[jon1965]

Hi
Im March 2012 I sent a CCA request to CL finance for my ASDA credit card . They wrote back saying they could not find it.

Today 12 months later they have sent me a supposed agreement

History is
Opened in Sept 06 according to the agreement
Sold to CL at some point ( I do not have the NOA)
In a repayment plan of £5 a month from about Jan 08 until March 11 the 31 from March 11 until April 12
Defaulted by Cl in April 11 asking for the full balance and giving me just enough time

In the agreement they sent me the admin charges are £15 (dated 5/9/06)

Only 1 set of terms
ASDACCAEDIT.pdf
Absolutely looks like a cut n paste job to me

[Amethyst]

Re: ASDA Credit card GE money Help needed

Looks okay. Have checked a few ASDA cca's from 2005/2006 and they match up.

The admin charges are correct for 2006. See http://www.legalbeagles.info/forums/...4&d=1285707527

So presumably you are now just waiting for CL to start up enforcement action again.

[Guest]

Re: ASDA Credit card GE money Help needed

Hi Jon
Most of this stuff you already know but.

On the face of it the reply fills the requirements of section 78 in that the PTs are on there, however if the particulars are not correct for instance the charges are not what they have been charging as evidenced by your early statements or the interest rates are incorrect then then you can claim it does not comply with the definition of a true copy.

As far as using the agreement in order to gain an enforcement order under section 127, if you are sure this is not the agreement you signed then, you can say so , however it is wise to also make a claim that there was some error in the way the agreement was executed, in that perhaps the requirements of section 62 were not met(no copy) or that the form you actually signed was nothing more than an application.

As I say, nothing you don't know already. As a by the way, notice section 11 and the last line in relation to our recent discussion on SB

[jon1965]

Re: ASDA Credit card GE money Help needed

Just two other points I noticed

In my LBA from Howard Cohen they say they bought the debt from Satan in 2007 however this agreement was in 2006 with GE. On top of that Satan bought GE in 2009

I thought charges changed in 2006 to £12

[mystery1]

Re: ASDA Credit card GE money Help needed

On the face of it the reply fills the requirements of section 78 in that the PTs are on there,

Prescribed terms have nothing to do with s78. You can have a valid response without them and an invalid response with them.

M1

[Guest]

Re: ASDA Credit card GE money Help needed

Prescribed terms have nothing to do with s78. You can have a valid response without them and an invalid response with them.

M1

I think since the P/ts would have to be on the executed agreement in order to enforce, a contended true copy not containing them would be a shot in the foot, but point taken.

It is a moot point however and it has been a while since I looked at it in such a theoretical sense, thinking about though I am not so sure, as the definition as I remember is that the copy must contain the terms in accordance with those in place at the execution(undoubtedly there would have been interest applied, repayments and some kind of credit limit), it does not have to be a verbatim copy, nor does it have to be a copy which if signed could be used to properly execute the agreement.

[jon1965]

Re: ASDA Credit card GE money Help needed

Thanks M1 , still doesn't help me really
Points that make no sense to me
1) Agreement says GE money2006
2) CL say they bought it off Satan in April 2007
3) The default fees seem too high to me for an agreement of sept 2006
4) Should I treat the LBA that was sent in early 2012 as still valid in which case I can ask for the NOA
5) How could CL default me for the full amount when the account should be terminated prior to sale to them as I am sure they do not have a CCL that allows them to run a credit card business
6) If I needed more info such as statements who the bloody hell would I SAR, GE or Satan

As everyone knows I do not mind BR and of course a CCJ would be sorted if I went BR , but I do not particularly want a CCJ.

The whole balance was probably only 650 and they have had 200 so would a really silly F&F be in order of say £30 just to ease my stress levels (rather than sending SARs etc)

[jon1965]

Re: ASDA Credit card GE money Help needed

Sorry but another point is....if they defaulted me in 2011 there MUST be some revised T&C's in which case 78(6) would come into play or have I got it all wrapped round my head.

Andy I did notice the bit about termination so I think I can safely say F U Br** ( I am sure that will get taken out)

[Guest]

Re: ASDA Credit card GE money Help needed

You are right of course about the OFT decision on charges http://oft.gov.uk/news-and-updates/p...6#.UrBeU_RdVzU

However as far as ecforceabilty under section 78 is concerned the crucial point is that they were the ones in action on your account at the time.

You could use the argument to reclaim though

[Guest]

Re: ASDA Credit card GE money Help needed

Sorry but another point is....if they defaulted me in 2011 there MUST be some revised T&C's in which case 78(6) would come into play or have I got it all wrapped round my head.

Andy I did notice the bit about termination so I think I can safely say F U Br** ( I am sure that will get taken out)

es it is a good point you would expect some section 82 variation in the account and there should be some more resent T and Cs if that is the case.

[jon1965]

Re: ASDA Credit card GE money Help needed

You are right of course about the OFT decision on charges http://oft.gov.uk/news-and-updates/p...6#.UrBeU_RdVzU

However as far as ecforceabilty under section 78 is concerned the crucial point is that they were the ones in action on your account at the time.

You could use the argument to reclaim though

My thought on that is was it a bodge job , after all it has taken them 18 months and a takeover to produce these

[Amethyst]

Re: ASDA Credit card GE money Help needed

Was it your signature.

[jon1965]

Re: ASDA Credit card GE money Help needed

Yes it was my signature and I do not deny that I took out an ASDA credit card (Common I know...or Northern at the very least lol). But owing 45K and having diddly squat means I have to look at ways of keeping people at bay and the law is a good way

[mystery1]

Re: ASDA Credit card GE money Help needed

Thanks M1 , still doesn't help me really
Points that make no sense to me
1) Agreement says GE money2006
2) CL say they bought it off Satan in April 2007
3) The default fees seem too high to me for an agreement of sept 2006
4) Should I treat the LBA that was sent in early 2012 as still valid in which case I can ask for the NOA
5) How could CL default me for the full amount when the account should be terminated prior to sale to them as I am sure they do not have a CCL that allows them to run a credit card business
6) If I needed more info such as statements who the bloody hell would I SAR, GE or Satan

As everyone knows I do not mind BR and of course a CCJ would be sorted if I went BR , but I do not particularly want a CCJ.

The whole balance was probably only 650 and they have had 200 so would a really silly F&F be in order of say £30 just to ease my stress levels (rather than sending SARs etc)

The parties to the agreement must be on the recon so if they are wrong the recon is wrong and they haven't complied. If the charges are wrong it's not a true copy.

An LBA from 2012 that wasn't followed up is bog paper.

M1

[FlamingParrot]

Re: ASDA Credit card GE money Help needed

Thanks M1 , still doesn't help me really
Points that make no sense to me
1) Agreement says GE money2006

It says GE Capital Bank Limited, of which GE Money is a trading style. GE Capital provides financial services to lots of retailers, ASDA amongst them. Why do you think this is incorrect?

2) CL say they bought it off Satan in April 2007

That's because the Satanic Institution bought GE Capital: http://www.santandercards.com/csgs/S...ateW2&posSel=1

3) The default fees seem too high to me for an agreement of sept 2006
4) Should I treat the LBA that was sent in early 2012 as still valid in which case I can ask for the NOA

I shouldn't think so, although technically a LBA doesn't 'expire' as such, they usually give you a certain period of time in which to reply before taking legal action. If legal action was not taken at the time, then it wasn't a real LBA but a threat-o-gram.

5) How could CL default me for the full amount when the account should be terminated prior to sale to them as I am sure they do not have a CCL that allows them to run a credit card business

They can't issue a DN if that's what you mean by 'defaulting you' but they can record a default in their name if they own the account, as long as the default date is the original one.

6) If I needed more info such as statements who the bloody hell would I SAR, GE or Satan

As Satan bought GE, you'd send it to them as did I with regards to my A&L accounts, also bought by them.

As everyone knows I do not mind BR and of course a CCJ would be sorted if I went BR , but I do not particularly want a CCJ.

The whole balance was probably only 650 and they have had 200 so would a really silly F&F be in order of say £30 just to ease my stress levels (rather than sending SARs etc)

A really silly F&F like that would only reset the SB clock! :clock: