Thread: Hi All, Please can you help?

Hi,

I shall try and keep this short but I am very worried about an old deby with GE Money who have now passed this to Direct Legal Collections. 3 Years ago my now ex-husband and I had our home repossessed and I believed that the secured loan also on the property with GE was settled at that time too? My Ex Husband had been made redundant and I was the only earner throughout most of our short and abusive relationship. It took me a while to leave him and now having finalised my divorce etc I was beginning to look to the future. You can imagine my surprise when I received a letter from DLC last week claiming over £26K and I don't know where I stand. I have a good job so no rights to Legal Aid yet very little disposable income with usual running costs and the paying of some of our other joint debts (with no help from the ex). So I really need some help as to where I stand and how I respond to this letter, they have written to my ex too who said if they try and enforce it he will go bankrupt! Is it still a charge they can try and enforce as it was attached to our old home and how do I approach them and offer a low repayment as I truly have little left each month even to manage shopping etc is that is my only option?
Thanks

I don't remember us signing anything when it sold, we weren't even informed that they had until a few months after!? This may be a shortfall but its not from the main mortgage, I thought that all secured items had to be sorted before they could finalise the sale?
Thanks

I believe the 2nd charge holder would have been required to transfer shortfall to unsecured agreement on sale.

Do you have any paperwork to assist with identification?....... hopefully it will be CCA regulated and unenforceable.

I'm assuming shortfall (if its a genuine claim) would have been below 25k threshold and its now at 26k due to charges?

Have a read of one banks warnings on their mortgage notes issue last year....... even they know they're on a sticky wicket

FMI.pdf

Thanks for your reply, what sort of paperwork would I need to know if its cca regulated? I believe that yes the amount would have been under £25k before charges too.
If I can find the right paperwork etc, who do I contact first, GE? DLC both as was earlier suggested?

Originally Posted by Nettyla

Thanks for your reply, what sort of paperwork would I need to know if its cca regulated? I believe that yes the amount would have been under £25k before charges too.
If I can find the right paperwork etc, who do I contact first, GE? DLC both as was earlier suggested?

You'll be looking for anything resembling an agreement stating that its regulated under CCA 1974. You may not necessarily have anything of the sort but a SAR as suggested in pevious post would show evidence of this if the shortfall were transferred.

Once you know if it is subject to CCA then you can move on to a CCA request.


You can send a prove it letter to the DCA which should slow things up for a while whilst you try to figure out exactly whats gone before.

SAR goes to the original creditor (GE), prove it goes to the DCA (DLC)

http://www.consumeractiongroup.co.uk...templates.html

Just a quick reply, which is the prove it letter that is referred to in the post? I have managed to find all the paperwork which relates to the original agreement and am trawling through the smallprint to find out if its subject to CCA- will possibly need some help when I've located the relevant parts.
Thanks for all your help and support already I feel better already knowing that there is information that may help :o)

Sorry, may have added the wrong link......doh

Try this one ........

http://www.consumerforums.com/resour...ng-of-the-debt

I have managed to locate a copy of our original agreement (with I-group who then became ge money) and it clearly states at the top of the document that it is a credit agreement under the CCA 1974. So with this knowledge can you suggest who I should now write to with regards this matter, do I still write to the DCA or to GE or both and do I enclose copies of my letter to GE to the DCA?
Sorry this is a bit muddled but the DCA have given me until the 9/11 to respond to their request and I want to get this sorted asap.
Thanks

Not a great copy but please see attached our credit agreement, all help will be gratefully received as to how to go forward next, thanks.
I will post a draft of the letter I am going to send to the DCA later on so that people can check this is ok too.

There are 3 further pages in relation to this loan which I have copies of but which have my ex husband and my names stamped on so would be hard to remove and pdf for all to see.
In terms of the PPI, I have no idea whether it was relevant or not if I'm honest we didn't use it and I would need to find if I have any of the original documents but I don't think I do.
I am not sure if we had the agreement 7 days before signing as it was back in 2005 and I really don't remember.
Thanks for your help so far.

Is this the correct letter to send to the DCA?
Wasn't sure if it was appropriate as I haven't disputed the debt yet, is there something else I could write? Sorry I just want to get this right to make them hold off any action yet until I have found out where I stand.
Thx

Anyone able to help me with the letter to the DCA?

and is it better than a cca request letter at this point?