GE Custom not playing Ball

[DIY13]

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

 

I had my agreement so I didn't have request it from them. I do have the policy document as well.

[DIY13]

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

 

Hi UKA

 

I have all the evidence of my medical condition from the consultant specialist, which was sent to them as evidence is support of my claim.

 

They have had absolutely everything! Medical report, alternative health insurance policy and proof of car accident 6 months before I purchased the vehicle.

 

So there is no way they can come to court saying they have not received any of this. It was sent recorded delivery and I have proof of delivery.

 

I guess I'm going to have to get upto scratch with the different acts as mentioned.

 

Thanks for everyones help and suggestions so far. Any further help will be appreciated.

[hellhasnofury]

I had my agreement so I didn't have request it from them. I do have the policy document as well.

 

Hello DIY,

 

So you have the agreement, does it conform in content with the consumer credit act 1974 and the other question do they have it;-)

 

As this is now a matter of legal proceeding, have you requested anything from them under the cpr, perhaps the credit agreement.

 

Just a thought

[DIY13]

Hello DIY,

 

So you have the agreement, does it conform in content with the consumer credit act 1974 and the other question do they have it;-)

 

As this is now a matter of legal proceeding, have you requested anything from them under the cpr, perhaps the credit agreement.

 

Just a thought

 

Hi HHNF

 

I haven't requested this from them, should I do this now or is it too late now. I personally don't think they will have it, because the company has now changed hands.

 

However that's not to say I can't put the request in writing to them before the court date! Am I on the right path here?

 

Hadn't really thought of that HHNF. I will read through the TC's again and post what they say on here in relation to exclusions for medical conditions.

[DIY13]

Hi HHNF

 

I haven't requested this from them, should I do this now or is it too late now. I personally don't think they will have it, because the company has now changed hands.

 

However that's not to say I can't put the request in writing to them before the court date! Am I on the right path here?

 

Hadn't really thought of that HHNF. I will read through the TC's again and post what they say on here in relation to exclusions for medical conditions.

 

bump

[ukaviator]

Hi DIY13

 

Something i found this morning may be of help. Link is here:

 

http://www.consumeractiongroup.co.uk/forum/bank-charges-consumer-issues/145150-interesting-article-yes-car.html

 

It was an out of court settlement, but they did get the debt wiped.

[DIY13]

Hi DIY13

 

Something i found this morning may be of help. Link is here:

 

http://www.consumeractiongroup.co.uk/forum/bank-charges-consumer-issues/145150-interesting-article-yes-car.html

 

It was an out of court settlement, but they did get the debt wiped.

 

 

Hi UKA

 

Interesting!!! I really have to knuckle down with getting to grips with the T&C. Can i request a copy of the agreement an T&C (even though I have my originals) from the company at this stage now it's with the courts??

 

The interesting thing is that they are asking me to prove things when I thought it was for them to prove no miss-selling went on! hmmmm

[Bookworm]

I could be wrong, but IMO, the statute-barred aspect doesn't apply: Whilst they applied the PPI to your loan, you are presumably still paying for both the loan and the PPI, or at least still did until at least 2002/2003, so in the same way that acknowledging a debt means the clock keeps on resetting the 6 years, so do the payments of the PPI. If they kept on taking the payments, they effectively acknowledged the cause of action was ongoing.

 

As for part 5, they can of course put you to strict proof, but that shouldn't be hard to prove: You can show the judge that you are aware of a medical condition which would make you uneligible for cover, right? Therefore, (and remember we are talking of "balance of probabilities" here, NOT "beyond reasonable doubt") what is most likely: that you would agree to take on a policy and pay for it, knowing that you would not qualify for cover under it, or that the salesperson would bang it on regardless of suitability, or that no-one thought of asking you relevant questions to ascertain whether you would be covered?

 

I think where your case may be weaker is in their #12: Why didn't you cancel the policy after you had the loan? If at some point, you realised that you wouldn't be covered, it is reasonable to ask why you didn't cancel it then, and I think you need to be ready to answer that question.

 

You will of course not be able to prove for certain that the salesman forced you into taking PPI by saying that without it, you wouldn't get the loan, so you'll have to convince the judge, so you'd better start writing the conversation as it happened (as you remember it), don't embellish, don't make anything up, be as precise and accurate as you can be so that the events are clear in your mind when you go to court.

[bathgatebuyer]

Subscribing with interest - my own case has been acknowledged by the Bank in question and the Court and I are awaiting their defence to my POC. Will keep an eye on this thread as I may also benefit from some of the advice given.

[DIY13]

I could be wrong, but IMO, the statute-barred aspect doesn't apply: Whilst they applied the PPI to your loan, you are presumably still paying for both the loan and the PPI, or at least still did until at least 2002/2003, so in the same way that acknowledging a debt means the clock keeps on resetting the 6 years, so do the payments of the PPI. If they kept on taking the payments, they effectively acknowledged the cause of action was ongoing.

 

As for part 5, they can of course put you to strict proof, but that shouldn't be hard to prove: You can show the judge that you are aware of a medical condition which would make you uneligible for cover, right? Therefore, (and remember we are talking of "balance of probabilities" here, NOT "beyond reasonable doubt") what is most likely: that you would agree to take on a policy and pay for it, knowing that you would not qualify for cover under it, or that the salesperson would bang it on regardless of suitability, or that no-one thought of asking you relevant questions to ascertain whether you would be covered?

 

I think where your case may be weaker is in their #12: Why didn't you cancel the policy after you had the loan? If at some point, you realised that you wouldn't be covered, it is reasonable to ask why you didn't cancel it then, and I think you need to be ready to answer that question.

 

You will of course not be able to prove for certain that the salesman forced you into taking PPI by saying that without it, you wouldn't get the loan, so you'll have to convince the judge, so you'd better start writing the conversation as it happened (as you remember it), don't embellish, don't make anything up, be as precise and accurate as you can be so that the events are clear in your mind when you go to court.

 

Thanks for this Bookworm, this really helps! I think in answer to #12, I don't think it was ignorance not cancelling it. I played into the hands of the salesman who said taking it would help me get the vehicle.

 

I have got all the medical evidence to support the claim and yes, your right I wouldn't have spent an additional £1500 on a policy if I had no prospect of claiming.

 

Thanks Bookworm

[DIY13]

Subscribing with interest - my own case has been acknowledged by the Bank in question and the Court and I are awaiting their defence to my POC. Will keep an eye on this thread as I may also benefit from some of the advice given.

 

Hi Bathgatebuyer

 

They have really got me going on this. Was the company in question GE Capital Bank or Ge Custom??

 

When I sent my first letter to GE Custom stating they had been fined by FSA, I got a right stroppy letter back saying 'GE Custom were not fined by the FSA it was in fact GE Capital Bank.

 

Oddly enough on my Agreement it says 'GE Capital Bank Limited trading as GE Custom Finance' Am I the one thats daft here or are they not the same company.

 

I will keep you updated. I think I will be doing a lot more research on this outfit!!

[alanalana]

Hi there DIY,

 

some information on GE hope this helps you sort out what's what...

FSA Register

 

Just hit the search tab and type in the Company name ie GE Money or GE Capital bank and up comes some info for you. I have already searched for GE Custom and it is not registered with the FSA..

 

GE Money comes up with 10 results.

 

I am having a similar tussle with Royal Bank of Scotland and the Direct Line Financial Services.

 

Good luck;)

 

aa

[bathgatebuyer]

Hi - sorry my own squabble is with a different bank altogether. Sounds as if they're of the same ilk as yours though!

[DIY13]

Hi there DIY,

 

some information on GE hope this helps you sort out what's what...

FSA Register

 

Just hit the search tab and type in the Company name ie GE Money or GE Capital bank and up comes some info for you. I have already searched for GE Custom and it is not registered with the FSA..

 

GE Money comes up with 10 results.

 

I am having a similar tussle with Royal Bank of Scotland and the Direct Line Financial Services.

 

Good luck;)

 

aa

 

Thanks Alanalana

 

When I've been looking for GE Custom they stopped trading in November 2001. However my agreement says GE Capital trading as GE Custom so I presume they are they same company.

 

I will read the FSA link you have sent

 

Thanks ever so much

[alanalana]

Hello DIY,

 

I think you will find a lot of companies have been trading under one particular name as part of a company group only to change names later having agreed to lots of loans with LOTS of PPI only to later change hands to a different company. This makes it much more difficult to chase them as they use the fob off "NOT US GOV" try another department:eek:

 

Their response the important bit:

 

"Finally with regard to the Direct Line personal loans that you previously held please contact Direct Line directly to obtain the information that you require.

 

Then I find out from the Direct Line website the following:

 

Legal: Transfer of Business

 

TRANSFER OF THE BANKING BUSINESS OF DIRECT LINE FINANCIAL SERVICES LIMITED TO THE ROYAL BANK OF SCOTLAND PLC.

etc. etc.

 

Then from the Financial Services Authority Register

 

Basic details for:

 

204458 - Direct Line Financial Service Limited

 

Current status: No longer Authorised:eek:

Effective Date: 04/07/2006

 

My response to this:

 

DATA PROTECTION ACT 1998

 

Your letter Ref: SARxxxx dated 25 March 2008.

Following your letter and my response Ref xx I will now refer you back to my original Subject Access Request (S.A.R) dated 7 January to your St Andrews Square address in Edinburgh (Copy attached). The response to that letter from Mrs S Smith Your Ref: xxx dated 22 January 2008 (Copy attached).

 

I am extremely angry that your Data Protection Teams response in the case of two previous Loans taken out with Direct Line Financial Services (DLFS) as listed in my S.A.R was to refer me back to Direct Line to obtain “the information that you require”.

 

I would point out that DLFS with whom the two loans were agreed were actually the subject of a Legal Transfer of Business on 1 March 2006 and that the business of DLFS (including all DLFS personal loans, mortgages and savings accounts (“Accounts)) has been transferred to its parent company RBS. (Copy of this notice of transfer is attached).

 

I also attach a copy from the Financial Services Authority (FSA) Register which shows the status of DLFS as “No Longer Authorised”.

 

Two further extracts from the Direct Line website are attached which show “Loans are provided by the Royal Bank of Scotland plc Trading as Direct Line“. The website is also listed and I quote “All copyright, trademarks and other intellectual property rights in the material contained on this web site belong, or are licensed to, RBS Insurances Services Limited”

 

As RBS have taken over all responsibilities of DLFS including Loans I will now expect a revised response in respect of my S.A.R. in so far as I now demand that you provide the information including the statements and Consumer Credit Agreements for the two Direct Line personal loans as listed in that S.A.R.

 

If you fail to supply the information I require within 14 days I will forward a copy of this letter to the Information Commissioners Office (Information Commissioners Office) with whom I have already lodged a complaint.

 

 

My own thread post 23 says it all. The group do not tell each company what is going on within their ranks and you get a situation whereby transfers and changes happen and no one knows!!!

 

I am sure they will be the same a bit of research will probably unearth what you require.

 

Good luck

 

aa

[DIY13]

Hello DIY,

 

I think you will find a lot of companies have been trading under one particular name as part of a company group only to change names later having agreed to lots of loans with LOTS of PPI only to later change hands to a different company. This makes it much more difficult to chase them as they use the fob off "NOT US GOV" try another department:eek:

 

 

 

 

My own thread post 23 says it all. The group do not tell each company what is going on within their ranks and you get a situation whereby transfers and changes happen and no one knows!!!

 

I am sure they will be the same a bit of research will probably unearth what you require.

 

Good luck

 

aa

 

Thanks for that AA I think it's very much the same situation, however I do intend to use this in my defence at court. The agreement clearly states the 2 company names, I leave that for them to explain to the judge of the differences!!!

 

 

One thing I'm not too sure about is the Allocation Questionnaire and whether I include all my documents with that and send them to the court?? Any ideas?

 

Thanks DIY

[Bookworm]

No.

 

The AQ does what it says on the tin, it is for the judge to decide what track to allocate and how long for the hearing.

 

If you look in the CAG Library, there is a guide to completing an AQ, although it was written with bank charges reclaims in mind, most of the guideline will apply, all you have to do is tweak.

 

The judge will tell you in his next order what to do with your documents and what he wants to see or not.

[DIY13]

No.

 

The AQ does what it says on the tin, it is for the judge to decide what track to allocate and how long for the hearing.

 

If you look in the CAG Library, there is a guide to completing an AQ, although it was written with bank charges reclaims in mind, most of the guideline will apply, all you have to do is tweak.

 

The judge will tell you in his next order what to do with your documents and what he wants to see or not.

 

Thanks Bookworm

 

Appreciate this, I'll check the guidelines and tweak as necessary

 

DIY

[DIY13]

No.

 

The AQ does what it says on the tin, it is for the judge to decide what track to allocate and how long for the hearing.

 

If you look in the CAG Library, there is a guide to completing an AQ, although it was written with bank charges reclaims in mind, most of the guideline will apply, all you have to do is tweak.

 

The judge will tell you in his next order what to do with your documents and what he wants to see or not.

 

Hi Bookworm

 

If your still around, I have managed to complete the form as far as any other info. The info on the CAG Library does refer to Bank Charges and I'm a little unsure of what to put. Do you know of any AQ relaiting to PPI.

 

I really want to get this right and not to mess up! so far I've managed to find my way around the site to get the info I need!

 

Help appreciated

 

DIY

[Bookworm]

No, there won't be any as regards PPI.

 

Any other info would be anything you feel might be relevant to help the judge decide whether to allocate to small track, how long the case should last, etc... If you don't have anything specific, you can leave it blank, as I said, it's not going to prejudice your case, this is solely so the judge can manage his docket in an efficient manner. ;-)

[DIY13]

No, there won't be any as regards PPI.

 

Any other info would be anything you feel might be relevant to help the judge decide whether to allocate to small track, how long the case should last, etc... If you don't have anything specific, you can leave it blank, as I said, it's not going to prejudice your case, this is solely so the judge can manage his docket in an efficient manner. ;-)

 

Thanks Bookworm

 

Appreciate it:)

[DIY13]

Hi

 

Just a quick question, I am preparing to send my AQ? do I send a copy to the defendants as well as the court? Just need to make sure

 

Thanks in advance

[Bookworm]

No.

 

And you need to keep to one thread per claim.

 

*smacks wrist* ;-)

[Bookworm]

4 threads merged, but I see you have more threads relating to a PPI claim, are these for the same claim, or a different one?

[DIY13]

4 threads merged, but I see you have more threads relating to a PPI claim, are these for the same claim, or a different one?

 

Slap wrists it is!!!!

 

I am sooooo sorry didn't know I had to keep to the one thread

 

Thanks Bookworm for merging the threads, they are all for the same PPI

 

I feel really bad for doing this!!! promise it won't happen again

 

DIY13