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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • Our picks

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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

GE Capital/Money (Postal Address) - Also for DPA requests


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  • 2 months later...

Should you need to file a claim, here's the none PO Box address:

 

Sarah Wainwright

Data Protection Administrator

GE Money

Trent House

Toll Road

Leeds

LS99 2BD

  • Confused 1

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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  • 2 weeks later...

Does anyone have a direct email address to them please?

My claims

 

Halifax - Data Protection Act 26/5/06, non compliance of Data Protection Act 20/07/06, Prelim £260 3/8, LBA 19/8

TSB - Data Protection Act 25/6/06, total £225, Prelim 4/7, LBA 11/7, court claim filed 27/7

Capital One - DPA 20/06/06, Prelim £270 1/8 LBA sent 9/8

B.O.S CC - DPA 20/06/06, prelim 6/7 £130, LBA 21/7/06, court claim to be filed

Citi cards - Data Protection Act sent 20/06/06, prelim 26/07 £520, LBA t 14/8

Black horse finance - DPA 18/06/06, prelim 31/7 £180, LBA 7/8

Halifax joint account - Prelim 6/7 £744, LBA 22/7 court claim to be filed

 

My Mums claims

 

MBNA - DPA 13/06/06, Prelim 17/7 £738, LBA 7/8

Capital One - DPA 29/05/06, Prelim 10/8 £570

Barclaycard - DPA 20/06/06, Prelim 6/7 for £420, LBA 17/7 court claim to be filed

Littlewoods CC - DPA sent 3/7, non compliance of DPA sent 14/8

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I have a ge capital account and have some doubt as to whether they have a signed agreemement

 

I keep searching the threads - can anyone help with regards to what letter i need

I know it isnt the DPA

 

HElP

Thnks

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  • 2 weeks later...
  • 1 month later...
I have a ge capital account and have some doubt as to whether they have a signed agreemement

 

I keep searching the threads - can anyone help with regards to what letter i need

I know it isnt the Data Protection Act

 

HElP

Thnks

 

Correct its A CCA as follows:

 

Dear Sir/Madam

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number*******

 

2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

3. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

4. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

5. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law

 

Yours faithfully

 

 

PS If they don't have a signed agreement then you don't have an account do you

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  • 3 weeks later...

Could someone help me please? Years ago about 5 to be precise we bought some products from 'Currys' now these were taken out on finance, you know the kind, pay back within 6 mths i think it was, if you dont then you pay monthly to GE Capital, this was done at the time with a payment book at the bank/post office. We cannot find any details whatsoever with reagrds to the accounts that we had with them, is the address in leeds the one we would use, could we send them a S.A.R - (Subject Access Request) for statements, even though we dont know the account, maybe send ID. If anyone could help with we would be very gratefull.

 

thank you

NW (NO 1) ACC

REC'D FULL SETTLEMENT 5/01/07 :)

 

NW (NO2) ACC

REC'D FULL SETTLEMENT 28/12/06 :lol:

 

NW (JOINT) ACC

MCOL STAGE AS WE SPEAK :-|

Court date 23rd May(bring it on!!!!)

Paid up 3 wks before court date - all done & dusted ( for now lol)

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i had a comet card, tho after so many charges they pass the debt on to a different company cos i couldnt pay, tho im repayin still, a lot of the money money im paying back is late payment charges, do i still do a S.A.R to GE Capital??

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  • 4 weeks later...
  • 2 months later...

I wrote to Sarah Wainwright at the above address but got a call to say it was the "wrong part" of GE Money.

 

Got a giant pile of statements today and if anyone has a home lending account with them, the address is

 

Kathy Lampard

Compliance Department

GE Money Home Lending Ltd

Malvern House

Crawley Business Park

Watford

Hers

WD18 8YF

 

Good luck!

 

Cx

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  • 3 weeks later...

Kathy Lampard also sent me a pile of statements along with a letter of abreviations, most of which dont apply to the abreviations used on my statements. As she never enclosed contact details including an address on her paperwork, as my initial letter had been redirected from the Redhill office, Surrey. Has anyone else had the same bumph delivered or can they deduce what these abreviations mean listed below.

 

CQA BRN IAD SAF NGC MSS DFC DFUW RIDSAL PRDBATCH ?

 

It all looks very obliging when you first recieve the paperwork but when you get down to calculations, the coding alongside the figures is a puzzle as to whats what.

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The amount borrowed in 1995 was £2,010.00 following which, payments of £1241.44 were paid, albeit, intermitantly in the end. Nevertheless in 2001 I paid them off and the amount they were paid was £2111.98 most of which was interest added and charges for late payments. This was a secured loan. Im wondering where I stand, bearing in mind the loan began in 1995 although redeemed within the last six years. Any thoughts?

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dax if you as a lay person cannot understand the abreviations (lets face it who outside that company would) then they have not complied with your SAR........as any info sent must be understandable by you. Tell them this & that you will report them to the ICO for none compliance..........they know you wont understand & are just trying to be smart a88se88

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You know what Jon, irregardless of their silly letters game ive sat up and worked it out anyway. As I see it, I started this in 2006 and now because of them being silly, its 2007, so because we all know they like to add months to lessen our 6 year period of claiming, I wont give them any more time by writing more letters to stall things.

 

I kept notes of payments so NGC is a payment, DFC and FNL are penalties, so ive just used their terminology for the spreadsheet and they can explain it to the judge if needs be. Either way ive written to them asking for £463 an if it goes to Court it becomes £790.05 with interest so its up to them. If I could claim back the interest charged it would be a lot more, but everyone says 'dont go there'.

 

Whats interesting though is that the exhaustive list of abreviations sent running to 4 pages, have nothing to do with what theyve used on my statements. Perhaps they just like pretending to be all important and its a bit sad really dont you think..

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  • 2 weeks later...

Hi all

Forgive my ignorance. My husband had a finance arrangement for our car with GE Capital Bank. It finished last year. We got into such a terrible mess, due to the fact that they wouldn't move our payment date, so that each month we were charged for late payments. Is this something we can reclaim? I am persuing a claim for bank charges from my bank, but it has only just occurred to me that we could possibly claim from these people too. Thanks to anyone who replies to this.

 

All the best.

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If they imposed late payment charges then yes you can claim & don't forget to include interest

 

Also read FAQ's before you start Don't rush in until you have some understanding of the procedure which once you get the hang of it is quite straight forward

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  • 4 weeks later...

I have had store cards in the past who were with GE Capital. I have since paid off the cards and snipped the cards, and I can't remember which stores they were with or account numbers. I do remember extortionate late payment charges though. Is there a way I can get the details in order to claim back, and does anyone know where I could get the information from?

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  • 4 weeks later...
  • 2 weeks later...
hi there,

 

 

I want to claim back charges which were added to a house of fraser store card. the statement is always payable to GE Capital. what address should I write to for a list of charges?

 

See top of thread http://www.consumeractiongroup.co.uk/forum/other-institutions/4261-ge-capital-money-postal.html#post26238

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