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I sent off a S.A.R back in May and after alot of messing me about saying they never recieved my request and that they never recieved the fee etc... After sending in proof that they did they wrote back saying that they would sort it out a.s.a.p. I then recieve a letter saying that there were no default charges on the account. So i replied asking for the £10 fee to be refunded and requested a CCA as there is a default on the account that i was trying to clear but this is the letter they've sent and also to add they never enclosed the Postal Order. Any help/advice would be appreciated. Thanks
Your post is not easy to read because of the lack of punctuation, but I think the problem is that you believe there is an outstanding balance on the account but GE money have said there isn't, and there are also no charges on the account.
To be honest, if GE say you don't owe anything, I would believe them and leave it at that.
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
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No the problem is that there is a default on the account and if they don't send the CCA then i can't try to get it removed. Anyway i recieved this letter today.
I see ge money are again true to form with their total arrogance surrounding legislation and customer service,
If you have sent them a SAR with a £10 fee, they must by law comply.
There is a non-compliance letter regarding there failure to comply to this request, you will find it in the bank template letters sticky on the main page of the forum, I think there is a choice of 3, send them the one that is appropiate to your circumstances.
As regards the ca request, did you send them a request under section 77-78 of the cca for a copy of your credit agreement???? Did you send letter N form this link, with a £1 payment
If you did they are in breach of this request and you can take further action
If you did not, then do so now, you have to keep on top of this bunch.
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Sorry for the long delay in replying i've not been that well lately.
I sent both the S.A.R and CCA Request (under section 77-78) with £10 and £1 Postal Orders, The S.A.R was sent in May and the CCA was in August/September and still they haven't complied to it.
Sorry for the long delay in replying i've not been that well lately.
I sent both the S.A.R and CCA Request (under section 77-78) with £10 and £1 Postal Orders, The S.A.R was sent in May and the CCA was in August/September and still they haven't complied to it.
Can you advise me on what i should do next.
Thanks
AL
Sorry AL that you have not been very well and hope you recover soon.
If you have sent the SAR and the CA request and have the evidence that they received them.
You have evidence that the received the SAR as they sent you that letter.
AS I said in the above post, send the non-compliance letter to them, giving them 7 days to comply. Then report them to the Information Commissiors office for non compliance of the sar and ask them to give ge a bit of a kick up the butt. Unfortuneatel the information commissioners office is currently swamped with complaints of breaches of the dpa at present, but send it regardless.
Now as regards the request for the credit agreement, if you have evidence that they received this legal request and are now in breach of the cca 1974, you are legally within your rights to stop all payments to them until they comply with the request. Of course this is not a decison to make lightly are there maybe serious consequences to this action, such as a default being registered on your credit file, which would be unlawful given that they cannot produce the alleged document, but may do so regardless and they can be extremely difficult to remove.
Maybe give them another chance and write to them reminding them of their legal obligations to provide you with a copy of the credit agreement or they face the consequences of it. If they don't comply, then you decide which way you wish to go. But you must report them the the Office of Fair Trading regarding the breach.
Its your call
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
I've kept all the recorded delivery slips and Postal Order receipts.
I'll send the non compliance letter and i've already sent them a reminder a couple of days ago so i'll leave it abit longer and see if they reply.
In the meantime i'll contact the OFT
I haven't used this account for a couple of years now i'm just trying to claim the charges and also hopefully get my default reomoved. So the issue about stopping payment doesn't apply to this.
I recieved a phone call from GE money on Friday morning regarding the letter i sent for not complying with both my S.A.R and CCA requests, The lady i spoke to said that they want to get the issue resolved today. By the end of the conversation the defaults had been removed, the Credit Agreements were being sent out along with a copy of all charges.
Today i recieved my agreements and told that a cheque has been processed for £60 to cover the 4 Late Payment Fees as a gesture of goodwill and that i should receive it in the next 14 days.
even though i have the reciept for the postal order that was sent recorded delivery with the letter they signed for they say they never recieved the Postal Order for the S.A.R and that's why they hadn't supplied the information even though i sent proof of the fact that it hads been sent.
You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.
If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.
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Great news animal lover, well done for sticking it out and pushing them
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
GE Money - reply to CCA and SAR
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Originally Posted by animal_lover
