ASDA Credit card GE money Help needed

[FlamingParrot]

Re: ASDA Credit card GE money Help needed

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

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

So you don't think this is the actual agreement? Or are you just trying to blag it?

[jon1965]

Re: ASDA Credit card GE money Help needed

Thanks M1 and FP

I thought Satan bought GE in 2009 hence my question as to how Satan could have sold it in 2007

The DN was a proper S87(1) DN for the whole balance. I have looked at my credit report from 2012 and there was nothing about any DN from Satan or GE settled or not. It was issued on easter Tuesday and gave me 19 days to comply. Before anyone asks , no I do not have the envelope. The date of the default is 2011 , the same as the DN issue.

All I can really remember is picking up and filling in an ASDA credit card app form . I think the were quite new at the time and they were hounding customers to take a leaflet. Sadly all I saw were £££ and maybe a few cherries on a line

[jon1965]

Re: ASDA Credit card GE money Help needed

So you don't think this is the actual agreement? Or are you just trying to blag it?

To be honest there are too many questions in my mind as to how this could be the actual agreement.
The fees
The fact that on both sides of the same page are hand written agreement numbers , certainly not what I signed
the fact it has taken 18 months and a sale(of CL finance) to get this agreement
The default date of 2011 has always rankled but as I have defaults later than that I didn't see any point in chasing them

So I actually do think there is no proper executed agreement but am quite happy to blag it if needed. I do not want to have to stand up in court and argue a case

[Guest]

Re: ASDA Credit card GE money Help needed

Thanks M1 and FP

I thought Satan bought GE in 2009 hence my question as to how Satan could have sold it in 2007

The DN was a proper S87(1) DN for the whole balance. I have looked at my credit report from 2012 and there was nothing about any DN from Satan or GE settled or not. It was issued on easter Tuesday and gave me 19 days to comply. Before anyone asks , no I do not have the envelope. The date of the default is 2011 , the same as the DN issue.

All I can really remember is picking up and filling in an ASDA credit card app form . I think the were quite new at the time and they were hounding customers to take a leaflet. Sadly all I saw were £££ and maybe a few cherries on a line

As well as the executed agreement there should have been a copy left with you to keep, this is a requirement.
A compliant DN would have had to be issued prior to the initial termination, you could technically argue that it was not and therefore the agreement was not correctly terminated, personally I would not hold out much hope for this, it would be your word against theirs and they do not have to keep copies .

[Guest]

Re: ASDA Credit card GE money Help needed

To be honest there are too many questions in my mind as to how this could be the actual agreement.
The fees
The fact that on both sides of the same page are hand written agreement numbers , certainly not what I signed
the fact it has taken 18 months and a sale(of CL finance) to get this agreement
The default date of 2011 has always rankled but as I have defaults later than that I didn't see any point in chasing them

So I actually do think there is no proper executed agreement but am quite happy to blag it if needed. I do not want to have to stand up in court and argue a case

Do you have any early statements which show the interest rates or charges actually applied to the account nearer inception ?

[FlamingParrot]

Re: ASDA Credit card GE money Help needed

Thanks M1 and FP

I thought Satan bought GE in 2009 hence my question as to how Satan could have sold it in 2007

Indeed they couldn't, that info should be on the NoA. More importantly, if couldn't have been sold to a debt purchaser until after you'd defaulted. :noidea:

The DN was a proper S87(1) DN for the whole balance. I have looked at my credit report from 2012 and there was nothing about any DN from Satan or GE settled or not. It was issued on easter Tuesday and gave me 19 days to comply. Before anyone asks , no I do not have the envelope. The date of the default is 2011 , the same as the DN issue.

More significant than the dates is the fact that they asked for the whole balance, that would make it defective even if it gave you enough time, as they should only have asked for the arrears.

Of course if you defaulted in 2011, the account couldn't have been sold in 2007.

[jon1965]

Re: ASDA Credit card GE money Help needed

I am afraid i have nothing at all in the way of history apart from the default notice . I can email the guy who ran my DMP and ask him for anything he has regarding this debt.
Unfortunately I can see where Andy is going with this..in a criminal case I could probably cast reasonable doubt but with what I have there is difficulty. I think my first port of call is the DMP guy although I would like to hope CL will see no reason to go forward with a claim when the most they will get is £1 per month

[Guest]

Re: ASDA Credit card GE money Help needed

I am afraid i have nothing at all in the way of history apart from the default notice . I can email the guy who ran my DMP and ask him for anything he has regarding this debt.
Unfortunately I can see where Andy is going with this..in a criminal case I could probably cast reasonable doubt but with what I have there is difficulty. I think my first port of call is the DMP guy although I would like to hope CL will see no reason to go forward with a claim when the most they will get is £1 per month

It happened in a civil case too I seem to remember, someone questioned the interest rate I think on the actual interest applied on the first agreement, cant remember how it turned out unfortunately, it is over the road somewhere.

The idea being that the interest rate applied to the account was not the interest rate in the agreement, therefore prescribed term error.

EDIT or at least section 78 error, on balance of probabilities

May even have been our PT

[jon1965]

Re: ASDA Credit card GE money Help needed

Well I have emailed the DMP guy who should have any documents that I sent him .
My decision is..do I ignore for now or write back saying the S78 request is incomplete or something else

Stupid eh...I know much of what is wrong, just not the best way to deal with it

[jon1965]

Re: ASDA Credit card GE money Help needed

In the meantime i am going to send a formal complaint saying
1) What you sent did not comply with a s78(1) request and link in Carey.
2) Under cputr do they hold the original signed agreement
3) Please supply a copy of the NOA from April 2007
4)Assuming this was assigned please remove the default marker on my credit file from may 2011.

Does anyone think this is too much, should i trim it down.

[Amethyst]

Re: ASDA Credit card GE money Help needed

http://i134.photobucket.com/albums/q...7/AsdaAppl.jpg

http://www.legalbeagles.info/forums/...4&d=1285707527

http://i38.tinypic.com/111jtec.jpg

http://i850.photobucket.com/albums/a...6662/asda2.jpg



Few Asda agreements from around same time period for your perusal. Google image search ASDA CCA 2006 etc.

[jon1965]

Re: ASDA Credit card GE money Help needed

Thanks I will have a good look.

[jon1965]

Re: ASDA Credit card GE money Help needed

Quick update

CL finance have said they only hold a copy of the original agreement
They have agreed to remove the default (doesn't make a lot of difference to me but shows it can be challenged)