C L Finance/GE Money

[sarafaye]

Hello.

On to my next "problem", This was a store card with Dorothy Perkins.

I had been paying £5 pm direct to GE Money and got right down to £400 when it was transferred to CL Finance/Howard Cohen.

I queried the credit agreement as it looked more like an application/agreement.
C L Finance wouldn't budge and issued a court claim. I argued that it contained a couple of late payment charges making their claim wrong.

As it stands at the moment, I had a statement of truth come through yesterday (I gather thats their response to my defence?) So it looks like they are forging ahead with a hearing. Just waiting for a date now I presume.

So, in light of all this, shall I concede and go for offering them £5.00 pm as in my battle with Restons?

Advice/guidance much appreciated as ever

Sara

[Amethyst]

Re: C L Finance/GE Money

Okay Sara

Can you get as much documentation up as possible. I dont know if you have a scanner ? Cause that would be simplest.

Bits we need to see

agreement with GE to pay the £5

default notice when it was sent to CLF

the CCA request and their reponse and the credit agreement you received

The POC on the court claim

Your defence/acknowledgement/admission to that and all dates involved.

the statement of truth


I know this is a LOT of work for you and I'm sorry, but we need all the info to get anywhere.


Sorry

[sarafaye]

Re: C L Finance/GE Money

Getting it all together now. Thanks Amethyst

[sarafaye]

Re: C L Finance/GE Money

Hope this is all in the right order.

Credit Agreement
court claim
defence
statement of truth







DEFENCE
The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, includes penalties charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment, renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison & Co Ltd v Burke [1956]. Consequently, the alleged assignment remains equitable and therefore conferred no legal right upon CL Finance Ltd, to issue a Court claim in respect of monies allegedly owed.

It is therefore averred that the Defendant does not know the case that has to be met and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970.

Regarding that which is denied, on the 21st March 2007, a request was made under section 78, running account credit, of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by recorded delivery to the Claimant, with the statutory £1.00 fee enclosed. It was received on the 22nd March 2007. The Claimant had twelve working days from receipt of the request, in which to furnish a credit agreement, as stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. In response to the request, a letter dated the 24th April 2007, with an accompanying document was received from the Claimants. It is denied that the document furnished is a copy of a credit agreement as averred by the Claimant. The Claimant has provided an application form which is not a credit agreement within the meaning of sections 60 and 61 of the Consumer Credit Act 1974. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the Claimants are in default of said request under section 78(6)(a) of the Consumer Credit Act 1974. Furthermore, under section 78(6)(b) of the Act, the Claimants had committed and continue to commit, a criminal offence as of the 6th May 2007, as the default had continued for a period of one month.

The Defendant further avers in respect of that which is denied, that the document furnished is a breach of section 59(1) of the Consumer Credit Act 1974.

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale or at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

The Claimant, possessing no legal right claim monies allegedly owed, have acted unlawfully in issuing a Default Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that the Default Notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons.

[Amethyst]

Re: C L Finance/GE Money

fabulous sara faye will have a good read through

[Amethyst]

Re: C L Finance/GE Money

Okay - your defence. Where did that come from ? Did someone help you write it ?

Was the claim against you personally ?

The credit agreement is sound as far as I can tell - am going to ask someone else to cast their eyes over it too later on.


Did you default on the £5 arrangement in June ?



(will added to this as I read)

[Amethyst]

Re: C L Finance/GE Money

From reading the information you have given me above, there is no argument. You owe the money less the two penalty charges to the claimant and you need to withdraw your defence, admit the debt amount (minus the two charges which you can defend) and enter a financial statement to ask for installments of £5 a month to be set.

We do really need to see the financial statement you entered in the other case, and also if you can a list of any other outstanding debts you may have, or other ccjs of this nature you have about. If you prefer you can email it to me - amethyst@legalbeagles.info.

Lets stop these things keep popping up and try and get it all sorted in one big push.

I will this evening (hopefuly) go through it all with Tools for you, and confirm what needs doing now.

[Amethyst]

Re: C L Finance/GE Money

And I thnk you are already aware of it but just in case here is another thread regaridng similar case with CLF/HC Court claim received from CL Finance/Howard Cohen sols - Legal Beagles

[sarafaye]

Re: C L Finance/GE Money

Hi amethyst
The Defence. yes,I was helped/guided with this.
The Default. Yes,I was paying GE Money direct,hit a bad patch. but continued making payments till January 2007 when CL Finance took over. Thats when I CCA'd them.
With their reference to having no notice of assignment, I had argued that GE Money should have informed me they were going to sell the debt. There are actually 4 late payments on the account, possibly more as GE Money could not furnish me with all my statements.

I will go along with the repayment plan of £5 per month. I will write to CL Finance and see what they say?
thanks
Sara

[Amethyst]

Re: C L Finance/GE Money

Yes indeed - but you have to sort out court too

I'll comment properly later on, once I have chance to confer (lol its not quiz night Amethyst !)

:kiss:

[ByTheWay]

Re: C L Finance/GE Money

Hi Sara, sorry to read you are in the same boat as me, near enough. There seems to be alot of claims in court from HC lately!! I notice the issue date of your claim was in June, is it the courts that have taken so long to give you a date? I am just wondering if my case will take that long too!:tinysmile_aha_t:I have yet to file my defence. Did you actually receive a default notice from HC or GE? I sent an I/E to HC but they have made no reference to it. Good luck with yours

[sarafaye]

Re: C L Finance/GE Money

Hi bytheway
The court claim was issued in November.

CL Finance first contacted me in January 2007, I CCA'd them because it came out of the blue. I've never defaulted with them because I've never paid them unless they count the £1 for CCA request which they took off the outstanding balance.

Like yourself, GE money failed to send all my statements and failed to inform me they were passing the debt on. I had been paying them regularly.

Good luck
Sara

[Amethyst]

Re: C L Finance/GE Money

They are claiming you didnt pay as agreed in june ?

[sarafaye]

Re: C L Finance/GE Money

hello amethyst

I received the default notice from them in May 2007 with notice to pay by June 2007.

As mentioned, they wote to me in January to say they had been assigned the debt and it all kicked off from there. I've never had an arrangement/agreement with them in order to default.

I did default with GE Money but long before CLF came along.

Sara

[sarafaye]

Re: C L Finance/GE Money

Also forgot to mention that the judge ordered them to reply to the defence by 28th Jan,which they have obviously now done by sending me the statement of truth.
Sara