GE Woodchester PPI

[Fred_Funk]

Originally Posted by beachcomber60

Are you saying its possible to have it written off AND reclaim PPI?

Yes. In theory, you could even go after GE for the money you've paid on the loan. However, that would be fraught with difficulties - especially as you're not disputing you had the money in the first instance.

Better, me thinks, to make a CCA request, just to make 101 per cent sure they haven't got anything with your signature on, and then to set about having the loan written off.

The PPI, however, is an entirely different issue. You paid for this and it was mis-sold. You're entitled to it back with interest.

Fred_Funk

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[alanalana]

Hello BC,

Ref your post 18 I do not see any reference to PPI on your CCA, do you have any other paperwork?

aa

[beachcomber60]

Evening aa,

Yeah sorry, when I post cca up today I had a horrible thought that by leave figures in I could be identified so I removed them to play safe.

There are two sets of figures 1 without & 1 with ppi - I have been paying the larger sum inc. ppi the difference being approx £42.

In the protection insurence box the bottom line states that I must pay them £42 (approx) per month as long as the agreement lasts.

Thanks as always

BC

[alanalana]

Hello BC,

You can post the figures but the main thing is to protect identity on account details, names, addresses etc.

Could you repost but include the Figures?

Thank you
aa

[beachcomber60]

OK, Iam working local deliveries tonight so I'll pop home & post later

[alanalana]

BC

I will try and have a look tomorrow and respond

aa

[beachcomber60]

Update - Received reply:-

Thank you for your letter (date)

I appreciate that due to recent press coverage regarding insurance regulations and GE Money being fned by the FSA you feel that you have been mis-sold the Credit Protection Insurance on your agreement. The FSA fine, and the associated media coverage, however relates to policies purchased after 14th January 2005 when the FSA's Insurance Conduct Of Business Rules (CIOB) regulations came into force.

I can confirm that your policy was set up **/11/2004. As this was prior to January 2005, the FSA's decision is not relevant, but all complaints alleging that insurance may have been mis-sold are taken seriously and I have therefore full investigated all aspects of your complaint.

Following the acceptance of Credit Protection Insurance, a welcome pack was also issued by post, which included full policy details. This stated that the product may be cancelled within 30 days at no charge, and the policy may also be cancelled at any point throughout the agreement.

From our investigations we have been unable to find any evidence of mis-selling. As all information provided was correct we are therefore unable to refund the premiums paid on the account.

Whilst I appreciate that this may not be the outcome you were expecting, I trust that I have addressed all of the concerns that you raised. However, if you remain dissatisfied you may refer the complaint to the Finance and Leasing Association, details of which are listed below. Should you require any further information, please contact me on my number below.

Not bad a response time including weekend & allowing post time - 7day turn round. So anyone advise what if any is the next step

[alanalana]

Hello BC,

Update - Received reply:-


Quote:
Thank you for your letter (date)

I appreciate that due to recent press coverage regarding insurance regulations and GE Money being fned by the FSA you feel that you have been mis-sold the Credit Protection Insurance on your agreement. The FSA fine, and the associated media coverage, however relates to policies purchased after 14th January 2005 when the FSA's Insurance Conduct Of Business Rules (CIOB) regulations came into force.

I can confirm that your policy was set up **/11/2004. As this was prior to January 2005, the FSA's decision is not relevant, but all complaints alleging that insurance may have been mis-sold are taken seriously and I have therefore full investigated all aspects of your complaint.

Following the acceptance of Credit Protection Insurance, a welcome pack was also issued by post, which included full policy details. This stated that the product may be cancelled within 30 days at no charge, and the policy may also be cancelled at any point throughout the agreement.

From our investigations we have been unable to find any evidence of mis-selling. As all information provided was correct we are therefore unable to refund the premiums paid on the account.

Whilst I appreciate that this may not be the outcome you were expecting, I trust that I have addressed all of the concerns that you raised. However, if you remain dissatisfied you may refer the complaint to the Finance and Leasing Association, details of which are listed below. Should you require any further information, please contact me on my number below.
Not bad a response time including weekend & allowing post time - 7day turn round. So anyone advise what if any is the next step

Firstly I see the bit of your CA where the Credit Protection Insurance is.

Secondly I also see no Signatures on the CA.

Have you sent a request under sections 77/78 of the Consumer Credit Act 1974 with the Statutory fee of £1.00 asking them to provide you with a valid copy of the agreement?

If you have, have they sent one?

If you have not sent one you should do so.

You can use this paragraph.

I understand that under the directions of the Consumer Credit Act 1974 (Sections 77 to 7, I am entitled to receive a copy of my credit agreement on request. I enclose payment in line with Section 77 (1) in the sum of £1.00 which is the statutory figure as required under the direction of the Act.
I understand that a copy of the Consumer Credit Agreement together with any other documents referred to in it, including terms and Conditions and any other document associated with it should be supplied to me in a legible form within 12 working days.

Lets us then see if they can produce one.

aa

[beachcomber60]

Thanks aa, yes I have sent cca request, half way thro' timescale & will post as soon as received.

bc

[beachcomber60]

Bit of a development, dont know where I stand now regarding my claim.

Received a letter from them stating that as I am on a DMP they have terminated the ppi policy as they are entitled to.

[alanalana]

Hello BC,

Bit of a development, dont know where I stand now regarding my claim.

Received a letter from them stating that as I am on a DMP they have terminated the ppi policy as they are entitled to.

This has most likely happened because you sent a cca request and they cannot find it.

Ok so they terminated the PPI policy which you can replace more cheaply elsewhere. You should still pursue the claim for mis-sold PPI IMO as it is probably the addition of this expensive (useless insurance in most cases) that has meant you could not meet your payments and ended up on a DMP. I would suggest THEY CANCEL and YOU STILL CLAIM as before as mis-sold on whatever grounds you consider applicable to your own case.

Do not be put off claiming. Banks are fighting a rear guard action on PPI and losing big time. FSA handing out big fines, Competition Commissioners Office have ruled it is unfair to sell PPI at the point of granting a Loan. FOS upholding 80% of claims for mis-sold PPI. Office of Fair trading interested and ask for authority to pass complaints on to other regulatory bodies.

Please keep at them.

I would write back and tell them that although you are on a DMP and they have terminated your PPI you intend to continue your claim for them mis-selling PPI to you and that you will complain to all regulatory bodies as to the actions they have taken.

If you need templates or examples of complaint letters just look at my thread there are lots of them there.

If you cannot find the link it is in this forum just shout.

aa

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[beachcomber60]

I think I've upset them bigtime, I've sent off 1st letter regarding mis-sold ppi followed by cca request - they retaliated with a take a hike letter, terminated the ppi policy - this morning they sent a default demand ending my reduced payment arrangement and giving 7 days from the 22nd (?) to pay the full balance or it's court, DCA and possible charging order. They still have not supplied a cca yet.

I don't think they have complied in the correct manner with the default.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[alanalana]

Hello BC,

I think I've upset them bigtime, I've sent off 1st letter regarding mis-sold ppi followed by cca request - they retaliated with a take a hike letter, terminated the ppi policy - this morning they sent a default demand ending my reduced payment arrangement and giving 7 days from the 22nd (?) to pay the full balance or it's court, DCA and possible charging order. They still have not supplied a cca yet. I do believe retaliation is seriously frowned upon by OFT and FSA. They are also in breach of the Consumer Credit Act 1974 if they have not complied with your CCA request within 14 days.

I don't think they have complied in the correct manner with the default. Banker Rhymes With is familiar with defaults and may be worth asking him for some input here.

I would suggest you will now need assistance from the more legally minded
CAG members. There is a thread which may help you to get some advice. There are also PPI forum members with more legal knowledge than me.

Legal Issues

aa

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[beachcomber60]

Thanks for all the advice aa, they maybe ahead on points in round one but I fully intend fighting this one all the way. Complaint letter going in post today along with full Subject Access Request.

Their 12+2 days are now up with no cca so now officially in dispute (not that it'll make much difference in their actions).

BC

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[beachcomber60]

Update.

No response to my cca request - now formally in dispute.

No response regarding my rejection of their response letter re:PPI (posted on thread).

Standing Order received in order to continue paying reduced rate payments (NDL) automatically from bank?

[hellhasnofury]

Originally Posted by beachcomber60

Update.

No response to my cca request - no formally in dispute.

No response regarding my rejection of their response letter (posted on thread).

Standing Order received in order to continue paying reduced rate payments (NDL) automatically from bank?

Hello Beachcomber,

So what are you going to do now with the standing order

[beachcomber60]

TBH I dont honestly know whether to carry on making payments or to stop, if I stop then all hell will break loose if the threats I received last week is anything to go by.

Aint giving in regarding PPI, I think I'm in a strong position regarding this even if they produce a cca.

[hellhasnofury]

Originally Posted by beachcomber60

TBH I dont honestly know whether to carry on making payments or to stop, if I stop then all hell will break loose if the threats I received last week is anything to go by.

Aint giving in regarding PPI, I think I'm in a strong position regarding this even if they produce a cca.

Hello BC,

I know where you are coming from with this. You have choices and its your choice at the end of the day. I do think they are being rather bullyish with you, but hey is ge, we are talking about here. They are not renouned for their good customer relationship skills

Did they send you a default notice and have you checked your credit reference file, with experian, equifax and creditcall. to see what they have put.

	Credit Report Click link to open in new window.

[beachcomber60]

Thanks HHNF, Yes they have defaulted me with this, I've been meaning to scan up the the default notices as I don't think it complies, have not checked credit file mainly because up to June this year my rating was 999/1000 but with the circumstances we have been placed in (re:employment or lack of) credit rating is shot to pieces anyway mainly because crap1 won't entertain any low payments whatsoever - but that's a different story completely.

Last week they were threatening dca's and charging orders now all of a sudden they sent this Standing Order form to continue paying our original pro rata payments.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Credit Report Click link to open in new window.

[alanalana]

Hello BC,

TBH I dont honestly know whether to carry on making payments or to stop, if I stop then all hell will break loose if the threats I received last week is anything to go by.
If you get threats read this it will make you relax...

Robinson Way ; YET AGAIN

and when you have had a laugh then quote this to them..

Please have a look at this link harrassment is against the Law...

Protection from Harassment Act 1997 (c. 40)

These are a couple of extracts

you will see the law is on your side in this

If you get more calls just quote this regulation ask for their full name as you will start legal action against them personally under this Act.

England and Wales

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.
(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—
(a) that it was pursued for the purpose of preventing or detecting crime,
(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c) that in the particular circumstances the pursuit of the course of conduct was reasonable. IMO none of this would apply to DCA's phone calls.
2 Offence of harassment

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
(3) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted—
“(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).”.
3 Civil remedy

(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.
(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

Do not fear these People they are in the wrong to harrass

I will catch up more with your thread later.

hhnf thanks for helping out here

aa





Aint giving in regarding PPI, I think I'm in a strong position regarding this even if they produce a cca