C L Finance/GE Money

[Amethyst]

Re: C L Finance/GE Money

Okay thanks Sara.

I asked Tools to have a look through this last night and we discussed all the options we could see available - including irresponsible lending which was a rather long shot.

There is nothing wrong with the credit agreement ref the CCA.

tiny interesting point came up that Dotty P have gone into administration.

Anyway, you need to reply to the statement of truth, basically withdrawing your defence (because as we see it it does put you at a small risk of costs against you because it has no real basis), admit the debt, do a defence for those 4 charges, and offer a repayment arrangement for installments to cover the debt. Using the same Financial statement you have used for your other CCJ.

You will get a CCJ against you, (re the notice of assignment they will just produce the one attached to the statement of truth) and should get an installment order - if you do this upfront now then you shouldnt have to go through redetermination again.


Application forms can be bona fide regulated credit agreements. Especially over the counter store card applications. All the necessary terms are there.

When you discussed it prior to entering your defence, did the person helping you say exactly what the defence was being based on ? What you have to think is do you actually fully understand this defence and would you be able to argue these points in the court room ?

Anyway as I see it you need to apply (N245 - you could also ask for exemption from the court fee using the EX160) to amend your defence. We'll help you with it all we can.

Its of course entirely your decision Let me know your thoughts.

[sarafaye]

Re: C L Finance/GE Money

Thanks amethyst.
As per your post #7, I have emailed more information. sara

[Amethyst]

Re: C L Finance/GE Money

Thanks hun xx

[Amethyst]

Re: C L Finance/GE Money

Thats brilliant thanks sara.

I'm going to have a good look later on couple q's

do you have the Terms for the provident loan ? also statements ? any charges on there. Is there an early settlement penalty ?

Do you have a credit card at all ? (thats usable)

Also if you can pm me with the smaller debts too. I have the four biggies.

Also rent/mortgage etc hows that paid ?

Those agreements mention PPI. Did you take PPI out with the loans. Are you able to claim on the PPI at all ?

Just so I have the full pictures

Cheers hun x

[Amethyst]

Re: C L Finance/GE Money

Hey Sara

You need form N244 (http://www.hmcourtservice.gov.uk)

Also form EX160 (exemption from fees)




Amend as necessary - its a very basic simple admit debt dispute charges defence. You hadnt previously disputed the charges. If you work on it and add in your bits we can amend it to suit later on.

the financial statment (your I/E) should be attached.





1.Save as is specifically admitted in this Defence – the Defendant denies each and every allegation set out in the particulars of Claim.

• It is admitted that the Defendant entered into a regulated credit agreement with GE Money for provision of a Dorothy Perkins store card, account number 00000xxxxxx

• It is admitted that the Defendant has an outstanding balance on the account to the value of £xxxx.xx, as detailed in the particulars of claim.

• The Defendant contests the amount of £XXXXX, being penalty charges applied to the account by the claimant.
  

• The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.

• Further, as a disproportionate penalty, they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999 Para 8. and sch.2(1)(e).

• In the event the charges are not a disproportionate penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

• The Defendant has offered a reduced monthly payment to the Claimant for repayment of this account. This offer was made to the Claimant on xxxxx. This proposal included a full financial statement (annex 1) with regards the Defendant.

• The amount being paid to the Defendant each calendar month is £5.00
  The first payment was made on xx/xx/xx and received by the Claimant on the xx/xx/xx. Payments have been made monthly since xx/xx/xx.
  
  
• The Defendant requests the court set monthly payments at the same rate.
  

[sarafaye]

Re: C L Finance/GE Money

Hi Amethyst
Thank you very much, I have got the form and will work on it tonight.

On the form,it says I am intending to apply for an order. What do I put there?



Sorry, I'm a bit dense tonight.


One last itsy question, Do I still send the letter to CL Finance to tell them I'm withdrawing the defence and making the offer?

[Amethyst]

Re: C L Finance/GE Money

Order to amend my defence

without a hearing

district Judge



Send a letter to CL reiterating the £5 a week with a copy of the N244, new defence and your I/E 'for your information'

[sarafaye]

Re: C L Finance/GE Money

Hi Amethyst
is the following o-k? I have mentioned the default, or should I just leave that bit out?

[sarafaye]

Re: C L Finance/GE Money

Sorry, forgot to post it, mad day today.................

1.Save as is specifically admitted in this Defence – the Defendant denies each and every allegation set out in the particulars of Claim.

• It is admitted that the Defendant entered into a regulated credit agreement with GE Money for provision of a Dorothy Perkins store card, account number 88888888888888

• It is admitted that the Defendant has an outstanding balance on the account to the value of £405.53, as detailed in the particulars of claim.

• The Defendant contests the amount of £72.00, being penalty charges applied to the account by the claimant.

Further, I dispute that the default notice was accurate,
since the amount claimed contains penalty charges,
which are unlawful at Common Law, under
The Unfair (Contracts) Terms Act 1977s.4
and under The Unfair Terms in Consumer Contracts Regulations

1999 para 8. and sch.2(1)(e).
The Default Notice had to be accurate to be enforceable;
The inclusion of penalty charges renders it legally invalid.

• The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.

• In the event the charges are not a disproportionate penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

• The Defendant has offered a reduced monthly payment to the Claimant for repayment of this account. This offer was made to the Claimant on 15th February 2008. This proposal included a full financial statement (annex 1) with regards the Defendant.

• The amount being paid to the Defendant each calendar month is £5.00
  The first payment was made on 15th February 2008.
• The Defendant requests the court set monthly payments at the same rate.

[Amethyst]

Re: C L Finance/GE Money

Re the default notice - you hadn't queried the charges prior to the defence being entered so the account wasn't in dispute at all. I don't really know what there is to gain by saying the default notice was legally invalid (in your opinion as such matter has not been proved by the courts to be unlawful or illegal). But if you are happier leaving it in I can't see any harm in it. I might ask Cetelco to take a quick look first just to make sure.

Was thinking last night, just wanted to reassue you that you are a lay person and as such the judge /courts neither want nor expect in depth legal analysis in this kind of defence. State the facts, the legalese of the parts you are defending. Theres no need to use lawyer speak, so don't worry its not as long or indepth and complex as the original defence you entered.

xxxx going good.

heard anything back re any of the other letters yet ? (I'm impatient ) If anything else does crop up pleaaaaaaase let me/us know as soon as. We're gonna get you out this pickle so you don't need worry anymore. OK.

[sarafaye]

Re: C L Finance/GE Money

hello Amethyst
Thank you for all that. Sorry, I've made some right boo boos haven't I?

I shall take "my bit" out and send as is.

I only mentioned the default 'cos I wasn't ever paying them anything to default on, and GE Money had already defaulted me in 2003 which led to me paying them £5.00 pm up until CL Finance took over in 2007.


Have not had any response yet from anyone other than a court date for the redetermination. Of course I will post as soon as I get anything.

Thanks for your kind words, you will appreciate just how safe I have felt since last weekend as I have trusted everything you have guided me through.
Took me a while to really begin posting as I'd lost a bit of faith through poor advice.
Sara

[Amethyst]

Re: C L Finance/GE Money

We've a way to go yet honey ~ but we're getting there.

Oh you know i mentioned my IS was going up. got my giro today and they havent done it the swines. Something to do with the CSA ! arrrrrrrggggggggghhhhhhhhhh. So more forms to fill out. Hard work isnt it.


Anyway try not to let things stress you anymore - everythings sortable. If you are unsure of anything, letters, forms etc post them up and we can check through them.

[sarafaye]

Re: C L Finance/GE Money

Oh bad luck on the IS, as for the damn forms......d'ya mean books??? They messed me about for ages when I first had to claim, my head was swimming and half the q's looked like they didn't even relate to me.
Hope you get it soon, awful if you are relying on it on a set date. xx

[sarafaye]

Re: C L Finance/GE Money

Hi
Letter from the Court today. "Notice of allocation to Small Claims track" (Hearing) This is to take place on 1st May.

I think my application to amend/withdraw Defence hasn't been dealt with yet. But nothing from CL Finance/Cohen yet either.

[ByTheWay]

Re: C L Finance/GE Money

Good luck Sara, they (CL/HC) may not bother turning up for a hearing for track allocation, did the court state how long it would take?:tinysmile_grin_t: