Jump to content


GE Custom not playing Ball


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4809 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

After reading the threads I decided to have a look at my old agreement for a car which I bought in April 2001.

 

During that time I was working full time, had a generous package of insurance with my employers that covered me for much of what GE PIP covered.

 

I was told by the sales person that I would need to take this to enable me to get the vehicle as I was experiencing difficulty in obtaining credit.

 

The financial details are as follows:

 

Total Cash Price £9866

Initial Payment 400

 

made up of cash 788

part exchange (3888)

 

Amount of Credit 9466

HP Charges 6062

Acceptance fee 40

Option fee 50

 

Total charge for credit 6152

Total Amount Payable £16018

 

Apr 30.9%

 

Balance and Hp charges £15618

Payment 48 months

 

48 Monthly Payments £323.50

 

Monthly Payment with Insurance Premium £388.20

 

The amount of PPI is £3105.60 over the full term of the agreement.:-x

 

I also paid the loan early so had it for 19 months.

 

I signed the agreement as I knew I didn't have much of an option (no sign no purchase!)

 

I have written to them using the first letter from MSE on 21/9/07

and received a letter back on 27/9/07. The letter says that I had signed the agreement and that the car dealership is independently authorised by the FSA to provide and sell insurance products directly. As the sale of insurance was made with the dealership we would not be liable for this action.

 

Can anyone provide me with the next steps. Are they right in what they are saying? do I have to go back to the car dealership??

 

Any help would be very much appreciated

 

Thanks

DIY13

Link to post
Share on other sites

  • Replies 69
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

You will need to take up your complaint for mis sold PPI with the Car dealer that sold it to you.

 

The car dealer would have been acting as an agent for GE, GE would have provided the finance and insurance on the paperwork recieved from the Dealer.

 

Hope that Helps.

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

Link to post
Share on other sites

Thanks Reidnet

 

Do I send the same letter to the Car dealers, bearing in mind they have closed the local branch. Should I direct it to their Head Office?

 

Thanks

 

DIY13

Link to post
Share on other sites

You can send your complaint to their head office, remember to state all the facts clearly along with the salesmans name (if you know it) Date etc etc.

 

If you want you can PM me a copy of your letter and I will have a look over it before you send it of.

 

Good Luck

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

Link to post
Share on other sites

  • 1 month later...

I recently sent a letter asking back for mis-sold ppi

 

I have recieved a letter back saying:

 

Quote

 

We have made futher investigations into your complaint and have decided you have no grounds on which to claim a refund of premiums. The policy that you purchased was not a single premium policy as you intimated, rather it was a montly premium and your policy clearly states that "you must pay us (GE Custom) an insurance premium of £64.70 per month for so long as this agreement lasts", therefore you did not make payments of £3105.60 as stated. I should also mention that GE Custom were not fined by the FSA, it was in fact GE Capital Bank Ltd.

 

Having taken advice on this matter we are able to inform you that because the policy is no longer in force (it was stopped on the 11th November 2002) the FOS will not be in a position to assist you in this matter as they only started regulating our industry from the 14th January 2005.

 

I would also add that during the period you took out your policy cover we had no other complaints regarding the mis-sale of Credit Protection Insurance , which leads us to believe our staff were not mis-selling insurance contracts.

 

I am sorry to advise you of this decision but we believe we have acted in good faith when selling you your insurance poliy and should anything have happened during this period you would have had all the benefits of the protection it provided.

 

Yours ...... [End]

 

My response to the above

 

1. The full amount on the loan includes ppi, and shows as a total of loan agreement + ppi. I paid back the loan early, which would have included ppi. :|

 

2. Well I got the GE Capital Bank confused with GE Custom thinking they were the same company :confused:

 

3. Of course they have not had any other complaints because consumers have only been made aware of this recently. :o

 

4. I couldn't have the benefits as I had a previous medical condtion which they would not have covered me for and I was never asked. I also had a generous employment package that would have paid out for 6 moths + private healthcare insurance. :-x

 

I was never asked about any of the above and when I purchased the car.

 

Any advice??? I felt compelled to share their snotty response with you all

 

DIY13

Link to post
Share on other sites

Guest ChloeJane

Just because the FSA did not regulate them till 2005 does not mean you do not have a claim. Nice try with their reply though!

 

You have a claim. The only issue would be the statute of limitations is my thought. If the policy ended in 2002, you could only realistically claim from 2001 - 2002 which is the one year.

 

On what you have written you could claim it back is my thoughts on the matter. Maybe someone else will share added light.

Link to post
Share on other sites

Thanks ChloeJane and Debt survivor for you replies.

 

The grounds I gave for mis-selling were:

 

1. I could not obtain the loan without taking ppi

2. I was never asked if I had any other insurance that would cover the loan.

3. It was not explained to me that there were certain exclusions within the policy that could affect me and invalidate the policy.

 

I had generous employment benefits which covered me for time off work with full pay for upto 6 months.

 

I also had a private healthcare policy in place and I had suffered from an injury only 5 months prior to purchasing the vehicle, which I now know would have been one of the exclusions which would invalidate the ppi.

Link to post
Share on other sites

You have a claim. The only issue would be the statute of limitations is my thought. If the policy ended in 2002, you could only realistically claim from 2001 - 2002 which is the one year.

 

As the loan agreement ended less than 6 years ago the Statute of limitations will have no bearing on your case, all the PPI payments are linked to the loan agreement so you can go as far back as the agreement was in force, IMHO.

 

I would press on with a LBA, in the meantime would you mind posting up more details of the loan ie start date, APR, loan amount, payments etc. I take it from your figures above you had the loan for 4 years but is always worth having a second pair (or third fourth fifth etc) of eyes check over the figures, you never know they may owe you more than you think

 

skb

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

Link to post
Share on other sites

As the loan agreement ended less than 6 years ago the Statute of limitations will have no bearing on your case, all the PPI payments are linked to the loan agreement so you can go as far back as the agreement was in force, IMHO.

 

 

This is a difficult one. My understanding is that each insurance payment in an on-going agreement would be a seperate cause of action, since the agreement would effectively be a rolling contract.

 

This would tie in line with the situation over mortgages - in that the capital of a mortgage is subject to a twelve year limitation. But the charges levied on the account only carry a six year limitation. That would seem to indicate that there is no direct linkage.

 

Having said that, an and/or claim that either section 32 or section 14A of the LA should apply will, in my opinion, get round the issue.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

Link to post
Share on other sites

As the loan agreement ended less than 6 years ago the Statute of limitations will have no bearing on your case, all the PPI payments are linked to the loan agreement so you can go as far back as the agreement was in force, IMHO.

 

I would press on with a LBA, in the meantime would you mind posting up more details of the loan ie start date, APR, loan amount, payments etc. I take it from your figures above you had the loan for 4 years but is always worth having a second pair (or third fourth fifth etc) of eyes check over the figures, you never know they may owe you more than you think

 

skb

 

Ok Here are the details of the loan agreement

 

Total Cash Price (including VAT) £9866

Initial Payment 400

Amount of Credit 9466

HP Charges 6062

Acceptance Fee 40

Option Fee 50

Total Charge for Credit 6152

Total Amount Payable 16018

 

APR 30.9%

 

Balance + HP Charges 15528

 

Payable by 48 rental payments each of the amounts shown below. The first rental is payable 1 month after the date you signed the agreement or at such later date as we shall notify you in writing and the est at consecutive monthly intervals after that. The acceptance fee is payable with the first rental payment. The option fe is paable with the final payment.

 

Monthly Monthly Payment

Payment with insurance premium

 

48 payments of.. £323.50 £388.20

 

(The bit about ppi)

 

You must pay us an insurance premium of £64.70 per month for so long as this agreement lasts.

[END]

 

This agreement was dated 24/04/01 and I ended the agreement on 16/12/02.

 

If I settled this early after 18 months, would the insurance not have been included as part of the settlement fee?

 

Hope this helps in uderstanding, because I'm confused as to all the legal terms.

Link to post
Share on other sites

 

This agreement was dated 24/04/01 and I ended the agreement on 16/12/02.

 

If I settled this early after 18 months, would the insurance not have been included as part of the settlement fee?

 

Hope this helps in uderstanding, because I'm confused as to all the legal terms.

 

The policy that you purchased was not a single premium policy as you intimated, rather it was a montly premium and your policy clearly states that "you must pay us (GE Custom) an insurance premium of £64.70 per month for so long as this agreement lasts", therefore you did not make payments of £3105.60 as stated.

 

Their terms would seem to indicate that you would only pay the insurance premium while the agreement was active, so if you end the agreement early you wouldnt pay the full 48 months worth.

So on the face of it it looks like you should be claiming 18 x £64.70 = £1164.60.

Its worth checking though but will need to know what the settlement figure was that you paid (and also if it contained an early settlement fee)

 

 

skb

  • Haha 1

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

Link to post
Share on other sites

Their terms would seem to indicate that you would only pay the insurance premium while the agreement was active, so if you end the agreement early you wouldnt pay the full 48 months worth.

So on the face of it it looks like you should be claiming 18 x £64.70 = £1164.60.

Its worth checking though but will need to know what the settlement figure was that you paid (and also if it contained an early settlement fee)

 

 

skb

 

Thanks for all your help so far skb it has been fantastic :) in helping me find my way around the agreement.

 

The settlement figure was £8015.00 which was an early settlement figure (i am led to believe).

 

Thanks in advance

Link to post
Share on other sites

  • 5 months later...

Hi

 

I have been chasing this for a while, where eventually I filed at court. Today recieve the defence and allocation Questionaire.

 

The defendants deny most of the poc. Is there someone out there who can give me a few pointers

 

I have a deadline to reply to the court by 28 May

 

HELP APPRECIATED!!!!

Link to post
Share on other sites

Hi

 

I know it maybe a pain to do, but can you post up their defence, type or scan?.. If it's a scan, just make sure you cover up your details.

 

When we know more, we can help.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi

 

I know it maybe a pain to do, but can you post up their defence, type or scan?.. If it's a scan, just make sure you cover up your details.

 

When we know more, we can help.

 

Hi UKA

 

Thanks for replying, I will type up my poc and their response. I'll post as soon as i'm done shouldn't be too long

 

Thanks

Link to post
Share on other sites

Ok, i am at work, but will be back later.

 

Someone else may see it before me anyway.

 

uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi

 

I know it maybe a pain to do, but can you post up their defence, type or scan?.. If it's a scan, just make sure you cover up your details.

 

When we know more, we can help.

 

 

MY POC -

 

1. The claimant opened a CCA with GE Custom Finance Company on 24 April 2001. The account number is XXXXXXXX which was a fixed sum agreement with a total value of £16018.00. I will refer to this as the "Agreement

 

2. The agreement included Payment Protection Insurance (PPI) which was taken out at the same time

 

3. The claimant contends that the PPI relating to the Agreement, was only purchased as a result of misleading and incorrect advice given by the Sales Person employed by (Car Company Name).

 

4. The Office of Fair Trading states that "PPI protects borrowers' ablity to maintain repayments and should help them avoid getting into debt should they be unable to keep up their repayments due to accident, sickness or unemployment" The Claimaint contends that the PPI sold in relation to the Agreement was never capable of meeting those requirements and that the policy was missold.

 

5. The claimant contends that the PPI elating to the AGreement was not suitable for puprose because:

 

i. The claimant was not given any explanation by the Sales Person of medical exclusions within the policy which would have given rise to the policy being invalidated.

 

ii. The claimant was never asked whether they had alternative adequate insurance in place for the duration of the agreement.

 

iii. The claimant contends that comments were made by the sales person which indicated that the loan application may be refused without PPI, and in fact it was optional was never mentioned. Indeed, when the forms were provided for signature, the relevant boxes for PPI were already marked.

 

6 The calimant believes that a resonable level of care and skill was not offeed to the calimant by the sales person during the sales process and therefore (company) failed to meet it's obligations under the terms of section 13 of the Supply of Goods and Services Act 1982.

 

In considering this and all matters in this claim, the claimant asks the court to take into account the following Principles of Business which are legally binding on (the Company) under the FSA & Markets Act 2000 and are contained in the FSA Handbook

 

(Listed principle 1 - 9)

 

The claimant seeks damages and other sums as listed below, against the Defendant under section 140B of the Consumer Credit Act 1974.

 

PPI £1164.60

Interest under s.69 County Court Act 575.90

Court Fees 85.00

 

Total 1825.50

 

 

The Company's Defence Outlined below:

 

1. The alleeged cause of action did not arise within six years before the start of this action, and therefore was and is barred by secton 5 of the Limitation Act 1980.

 

2. Paragraph 1 of the particulars of Claim is admitted

 

3. Paragraph 2 of the particulars of claim is admitted

 

4. Paragraph 3 of the Particulars of Claim is denied

 

5. Paragraph 4 of the particulars of Claim is denied

 

6. Paragraph 5 (i) (ii) and (iii) of Particulars of claim is denied.

 

7. The claimant is put to strict proof of the matters alleged in paragraph 5 of the particulars of claim.

 

8. The defendant denies that the implied term was included in the agreement but if, which is not admitted, the said clause referred to in paragraph 6 is implied in the agreement then the Defendant denies breaching the said implied clause.

 

9. The defendant avers that they performed the contract with due skill, care and diligence and the Claimant recieved a copy of the terms and conditions of the contract and had fully opportunity to read and consider the same and cancel the policy if the terms did not meet her requirements. The premium was paid on a monthly basis and the claimant could have cancelled the agreement at any point.

 

10. If, which is not admitted, the court finds that the claimant gained no benefit from the sickness part of the policy the Defendant avers that the claimant did obtain benefit from the accident and unemployment part of the policy.

 

11. The defendants maintain that they did comply with the principles od business referred to in the FSA handbook.

 

12. if, which is not admitted, the defendants are found in breach of contract then the defendant's aver that the calimant has failed to mitogate her loss by cancelling the contract when she discovered that the terms and conditions of the contract did not meet her requirements.

 

13. The defendant's deny the loss claimed by the claimant and dispute the laim for interest and costs. [End]

 

 

It's a long one I know, but I'm not sure how they can say if I didn't benefit from one part of the policy I could have benefited from another part of it! (bull crap!!!).

 

They are now saying that they could split the IIP into sections that apply to you?? That's how I've interpreted it.

 

I'll await responses but i'm not going to let it phase me

Link to post
Share on other sites

I have recieved a defence pretty much the same and have a court date in July. My poc was also like yours too. When I go to court will the judge know that its down to the defendant to prove it was not MIS sold and not for me to argue it was as I'm using the misrepresantion act? Also what sort of things do I need to send to the defendant and the court 14 days before the hearing?

Link to post
Share on other sites

My collegue is going after Capital One with a simular argument, Medical issue. He could never claim because of the so many complications that can arise in the future with his condition.

 

If you were not asked when accepting the loan about any medical conditions at the time, then it is down to their procedure in house. They have failed to ask the basic questions all insurance companies ask when giving out insurance. They should have sent out the Term' and Conditions with a medical questionaire at the same time.

 

This is from the GE Money website, their Silver Policy, it is their PPI terms and conditions you could use against them, notice the disabilty section here NO 7:

 

http://www.gemoney.co.uk/en/images/452788_Policy%20Summary%20for%20Loans%20-%20Silver.pdf

 

Their Bronze policy, same thing section 7:

 

http://www.gemoney.co.uk/en/images/452788_Policy%20Summary%20for%20Loans%20-%20Bronze.pdf

 

I could'nt find the GE Custom Finance webpage, but this is the same company.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

MY POC -

 

1. The claimant opened a CCA with GE Custom Finance Company on 24 April 2001. The account number is XXXXXXXX which was a fixed sum agreement with a total value of £16018.00. I will refer to this as the "Agreement

 

2. The agreement included Payment Protection Insurance (PPI) which was taken out at the same time

 

3. The claimant contends that the PPI relating to the Agreement, was only purchased as a result of misleading and incorrect advice given by the Sales Person employed by (Car Company Name).

 

4. The Office of Fair Trading states that "PPI protects borrowers' ablity to maintain repayments and should help them avoid getting into debt should they be unable to keep up their repayments due to accident, sickness or unemployment" The Claimaint contends that the PPI sold in relation to the Agreement was never capable of meeting those requirements and that the policy was missold.

 

5. The claimant contends that the PPI elating to the AGreement was not suitable for puprose because:

 

i. The claimant was not given any explanation by the Sales Person of medical exclusions within the policy which would have given rise to the policy being invalidated.

 

ii. The claimant was never asked whether they had alternative adequate insurance in place for the duration of the agreement.

 

iii. The claimant contends that comments were made by the sales person which indicated that the loan application may be refused without PPI, and in fact it was optional was never mentioned. Indeed, when the forms were provided for signature, the relevant boxes for PPI were already marked.

 

6 The calimant believes that a resonable level of care and skill was not offeed to the calimant by the sales person during the sales process and therefore (company) failed to meet it's obligations under the terms of section 13 of the Supply of Goods and Services Act 1982.

 

In considering this and all matters in this claim, the claimant asks the court to take into account the following Principles of Business which are legally binding on (the Company) under the FSA & Markets Act 2000 and are contained in the FSA Handbook

 

(Listed principle 1 - 9)

 

The claimant seeks damages and other sums as listed below, against the Defendant under section 140B of the Consumer Credit Act 1974.

 

PPI £1164.60

Interest under s.69 County Court Act 575.90

Court Fees 85.00

 

Total 1825.50

 

 

The Company's Defence Outlined below:

 

1. The alleeged cause of action did not arise within six years before the start of this action, and therefore was and is barred by secton 5 of the Limitation Act 1980. They are a little bit selective in regard to the limitation act, they maybe did not read this far down

Section 32.--

· (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-

· (a) the action is based upon the fraud of the defendant; or

· (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or

· © the action is for relief from the consequences of a mistake;

· the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

 

 

2. Paragraph 1 of the particulars of Claim is admitted

 

3. Paragraph 2 of the particulars of claim is admitted

 

4. Paragraph 3 of the Particulars of Claim is denied

 

5. Paragraph 4 of the particulars of Claim is denied

 

6. Paragraph 5 (i) (ii) and (iii) of Particulars of claim is denied.

 

7. The claimant is put to strict proof of the matters alleged in paragraph 5 of the particulars of claim.

 

8. The defendant denies that the implied term was included in the agreement but if, which is not admitted, the said clause referred to in paragraph 6 is implied in the agreement then the Defendant denies breaching the said implied clause.

 

9. The defendant avers that they performed the contract with due skill, care and diligence and the Claimant recieved a copy of the terms and conditions of the contract and had fully opportunity to read and consider the same and cancel the policy if the terms did not meet her requirements. The premium was paid on a monthly basis and the claimant could have cancelled the agreement at any point.

 

10. If, which is not admitted, the court finds that the claimant gained no benefit from the sickness part of the policy the Defendant avers that the claimant did obtain benefit from the accident and unemployment part of the policy.

 

11. The defendants maintain that they did comply with the principles od business referred to in the FSA handbook.

 

12. if, which is not admitted, the defendants are found in breach of contract then the defendant's aver that the calimant has failed to mitogate her loss by cancelling the contract when she discovered that the terms and conditions of the contract did not meet her requirements.

 

13. The defendant's deny the loss claimed by the claimant and dispute the claim for interest and costs. [End]

 

 

It's a long one I know, but I'm not sure how they can say if I didn't benefit from one part of the policy I could have benefited from another part of it! (bull crap!!!).

 

They are now saying that they could split the IIP into sections that apply to you?? That's how I've interpreted it.

 

I'll await responses but i'm not going to let it phase me

 

Best get swatting up on the limitation act and mis-representation act. Did they send you everything under the dpa. The policy document and your credit agreement

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

Link to post
Share on other sites

I would also get some evidence of your condition from your Doctor, in case they turn up in court.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...