me vs GE Capital/Money

[Coyotesj]

Has anyone else not had any response from GE Capital/Money AT ALL after recent SAR letter?

 

I am not sure what to do, I sent SAR for 2 store cards with GE Capital, I know they received it on 24th Dec '07 as I have the recorded delivery proof of delivery thingy! My issue is they have not yet cashed my cheque to cover the maximum fee & the 40 days are up on 28th January '08

 

Any advise on how to proceed would be great, Halifax werent this difficult this early on, LOL!

[stroke a badger]

GE money have on more than one occasion taken it to the wire and delivered at the 11th hour or a couple of days afterwords. From personal experience it might take 45-50 days to comply.

 

It might be worth sending a nudge letter, i'll find one for you.

[saintly_1]

You could send them a nudge letter .... then if they dont reply you should send them the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html . If they are as stubborn as Barclays tho they insisst that they are allowed 40 working days not calender days to comply took me a while to gat my satements from Barclays but I did finally end up with 3 sets of them

 

 

Saint

[stroke a badger]

Beat me to it!

[Coyotesj]

I am just a bit concerned that they havent cashed my cheque, do you still think I should go ahead with the Non compliance letter?

[saintly_1]

Barclays sent me my cheque back with one of my sets of statements GE might do the same thing

[steven4064]

Go ahead with the non-complaince letter - GE Capital Bank (T/A GE Money) are a complete shambles.

[Coyotesj]

As an update I got a letter from them on 23rd Jan furthering on from a letter they allegedly sent me on 5th Jan, never received that letter! They say they "... are not in a position to resolve your complaint at this time. This is due to ongoing investigations.... contact you agin withing four weeks..."

 

I am going ahead with the Data Protection act non-compliance letter with a little bit added, can I have opinions on the content as I am a little nervous with adding my one stuff onto these templates!

 

********************************************************

 

29 January 2008

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxxxxxxxxxx &

Account: xxxxxxxxxxxxxxxxxxxx

 

Firstly I would like to thank for your response dated 23rd January 2008, however it refers to a letter dated 5th January 2008, I would like it noted that I have not received the letter you are referring too. I would respectfully ask that a copy of this letter please be sent along with the data I have requested in my previous Subject Access Request.

I would also like to draw your attention to the incomplete information contained in your letter dated 23rd January 2008. My original letter requesting information held by yourselves, relating to transactions & charges, was for TWO accounts I previously held with you (Account No’s – xxxxxxxxxxxxxx & xxxxxxxxxxxx).

As such you have failed to comply with my Data Protection Act Subject Access Request dated 11th December 2007

 

1) You have failed to provide a complete list of transactions and charges.

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not complied with your obligations under the Data Protection Act 1998.

 

You have a further 7 days to comply. If you do not comply within this time I shall seek a Court order to enforce compliance together with damages at the discretion of the Court and without any further notice.

 

Yours faithfully

*********************************************************

Any comments would be appreciated, thanks & wish me luck

 

[saintly_1]

Its fine to add /amend the letters infact they should be amended to suit your case

 

Send the letter out

[steven4064]

My only comment is to ask about item 2) in red. Do you mean 'legal action' as that implies court proceedings (maybe you do, I'm just asking )

[Coyotesj]

I am not sure what the point 2) relates too as it was on the template I got from the library. Do you think I should remove it??

[steven4064]

Unless you have been involved in a court case with them, then, yes, take it out. As saintly says, you should tailor the letters to suit your particular circumstances.

[Coyotesj]

I sent the letter in my above post on 28th Jan, it was signed for on 31st Jan & I gave them a further 7 days to comply with my SAR.

 

As of today I have still not received any further letters or contact from GE. I am looking at going down to get an N1 form to fill a non compliance claim with the court.

 

Just want a bit of advice about what everyone thinks would be a realistic amount of 'damages' to claim. If anyone has already done this & been successful please let me know what the particulars of their claim were.

Also I am debating whether to phone them or not???

 

Please help any advise would be appreciated, thanks

[steven4064]

If you are claiming damages under s13 of the DPA 1998 it is usual just to claim "damages at the discretion of the court"

[Coyotesj]

I have just recieved a follow up letter from GE Money

 

All they have sent me is a list of Charges with the amounts & dates in the letter!..... should I just trust them that this is the full list or should I persue for the actual statements??

[steven4064]

What I would do is start your claim with the info they have sent you - send the preliminary letter. Seperately, send the DPA non-compliance letter from the templates library.

 

I'm not sure if you have done that already or not. If you have, I would send a sort of LBA and tell them they have 14 days or you will take them to court to get the information.

[Coyotesj]

Have already sent the non compliance letter so will send an edited version of the LBA.

 

Also both of these cards were sent to a Debt Collection Agency in 2005. I have been paying them off since then, do I have any grounds to phone the company & explain that I am in dispute with GE Money about the amount owed & will stop payments until the issue is resolved??

[steven4064]

If the account is in dispute they have to stop collection activities

[Coyotesj]

Both my accounts I am claiming for have a CCJ, can I still contact the collection people & advise that I am now disputing the amount, even though a CCJ has been entered against them??

[steven4064]

Yes you can altough removing CCJ is not easy