GE Capital send just 4 months statements

[HONESTKNOB]

Hi,

I've been trying to get my Debenhams store cards statements fro 6 months now and I've finally hit a brick wall.

Basically the account was passed to a DCA around 2 years ago and payments have been through Payplan since.

I wrote to GE money for statements and heard nothing. Eventually I ended up writing to their solicitors who first sent me statements from the DCA which have no charges on. I told them I needed the ones from GE capital and they promised to get them for me.

Today I received 4 statements from GE money for 4 months in 2006, I had the card for years before this.

I emailed the solicitors demanding the rest and they quickly replied saying this was all that was available.

Where do I stand now? I thought it was a legal requirement to keep 6 years records? And how can I force them to prove it?

Any advice welcome please.

[maroondevo52]

Hi,

 

Not sure if you've seen this........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Regards.

 

Scott.

[HONESTKNOB]

Hi and thank you for the quick reply.

The problem is that they are saying they've sent everything they've got. Is it worth sending one of those letters?

[maroondevo52]

Hi,

 

Yes, I think it's worth a punt, you've nothing to lose.

I'll have a look about to see if I can help more.

 

Regards.

 

Scott.

[HONESTKNOB]

Thank you. I was thinking of complaining to the information commissioner. Is there any rules that say they have to keep 6 years information or could they really have deleted eveything before 2006?

[maroondevo52]

Hi,

 

I'm sure they do have to keep at least 6 years worth of info, I'll get back to you later, see what I can find.

 

Found this, you should see how to complain there.

 

Information Commissioner's Office - ICO

 

Regards.

 

Scott.

[HONESTKNOB]

I've sar'd them now to see if they can provide me with a copy of my original credit agreement from about 10 years ago. Surely if they cant find this then the debt is unenforceable?

[maroondevo52]

Hi,

 

Send them a CCA request, No CCA, No enforceable debt.

But I think It's either, one or the other.

 

If they cannot comply with your CCA request, you will not be able to claim back any charges, I think the Courts look on this as false enrichment.

 

Letter 'N' in the Library.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it with a £1 postal order and send it recorded, remember, don't sign the letter.

 

Regards.

 

Scott.

[HONESTKNOB]

I'm working on the theory that I cant claim back the charges if they cant/wont send statements so I might as well make them whistle for the whole lot. I was thinking of doing an estimated claim based on 4 months statements and backdating it but I cant see the Ombudsman buying that?

[maroondevo52]

Your right, It's no good doing an estimate.

You need to know exactly how much to claim

[HONESTKNOB]

Interesting. They claim not to be in breach of the data protection act even though they cant provide statements due to the fact that they originally sent me statements each month. Lol.

Still no sign of my credit agreement but they have asked me not to e-mail them again!

 

Here's the e-mail.

Dear xxx

Whilst we appreciate your concerns over the statements that we are unable to provide you with, please be advised that statements were originally sent to you each month.

GE Capital Bank Ltd and CL Finance Ltd are fully aware of all rules and regulations. GE Capital Bank Ltd and CL Finance Ltd are not in breach of The Data Protection or Money Laundering Laws.

If you feel it necessary to make a claim to the Court that this case against you is unfair then we respect that decision. We would advise you to do so through the Northampton County Court in which this claim was issued. You can contact them on 0845 408 5303 and quote 5XY64378 to discuss this matter further.

Please do not correspond with us further via E-Mail as we feel that we have more than answered all of your queries. We anticipate hearing from the Court regarding your claim.

[HONESTKNOB]

Update. I've taken the bull by the horns and sent in an estimated claim on the basis I've got plenty to gain and nothing to lose. I got a letter yesterday saying they will reply within 4 weeks of the original complaint. LBA will be going in a couple of days then off to court with an N1.

Also, no sign of a credit agreement so even if the whole claim does fall through then I could always use that as a fallback.

[HONESTKNOB]

I've been looking for POC for the N1. I've found plenty for Credit Cards but cant find any for store cards. Any suggestions for which bits I need to amend?

[HONESTKNOB]

Sorry to keep asking questions but can someone please help. I'm filling in my N1 and am wondering which address I put down for GE Capital? I found one on their website GE Money

 

Trent House, Torre Road

Leeds

LS99 2BD

 

Is this correct?

Thank you

[Karen22382]

Hiya, sorry to hear about your prediciment. I do not know anything about the court process as aren't that far yet but all myh letters have gone to, and been answered by,

GE Money

PO Box 700

Leeds

LS99 2BD

 

Hope this helps.

 

I do not understand what they are saying about non-breach of data protection (or whatever) as I thought they had to either povide you with the information they hold OR show a proof of destruction certificate. I think this is explained better on one of the templates for the non-compliance of S.A.R - (Subject Access Request) letters.

 

Karen

[HONESTKNOB]

Thanks for the quick reply. I did have that address o a few letters from them but wasnt sure if I could put a PO box on an N1. I'll go for it.

Thanks again

[HONESTKNOB]

Well, another twist. I sent off the N1 a few days ago. It was deemed to have been served today and lo and behold I receive a letter off GE capital. They suddenly produce a full list of charges they claim to have put on the aco**** in the last 6 years even though they and their solicitors have stated that they can only produce 4 statements. They go on to offer me £80 as a gesture of goodwill.

I'm sticking to my claim. How can they say they have no figures then suddenly produce a list?

[maroondevo52]

Sounds like a good result, so far Stick with it.

 

Regards.

 

Scott.

[HONESTKNOB]

Do you really think it is good Scott? Would a judge just throw my estimated claim out and take their figures as gospel?

[maroondevo52]

How much have you claimed ?

 

Regards.

 

Scott.

[HONESTKNOB]

The spreadsheet I have is for £600 + interest at 29.9%APR. The figures they have produced is for around £300 with no interest obviously. The figures I have produced were based on the fact that all the statements they sent me had charges on and when I asked for the rest of the statements they had this was all the information they had on record.

[HONESTKNOB]

Update.

I thought I'd hit gold. I issued an N1 and received a couple of letters from the solicitors. First one was a letter offering me £250 then a form to sign to send to the courts saying we'd settled at £1384!!

I signed this and sent to back to the solicitors for them to sign.

Got a letter back yesterday saying this was a mistake and should never have been sent and the offer still stands at £250

[HONESTKNOB]

Can I just check something. I received the acknowledgement of service dated the 4th September. Is it 28 days from that date for them to file the defence and if they haven't then I can claim by default?

[HONESTKNOB]

Don't know if anyone's still reading this but I'll post anyway. Received a standard defence today from GE Capital and an increased offer of nearly £500 from their solicitors. They then go on to say that this more than covers all the charges on the account plus a few estimated ones, even though they can still only provide the same handful of statements.

[HONESTKNOB]

I've just noticed too that the account was sold to CL finance in september 2005 who have added over £300 in charges with no explanation so I'll be going for them too.