GE Capital send just 4 months statements

[HONESTKNOB]

After 1 year of saying that no statements are available, GE have today e mailed me a nearly complete set. I guess I have to assume these are accurate but how can they send me letters from their solicitors stating they dont have statements when they clearly do?

I'm amending my figures but am considering adding compensation now for witholding information.

[pushbike]

Hi I am in same position. I need last 6 years statements from DEbenhams store card to prove unfair charges to set judgement aside, there will be many charges on them but like you my debt was sold on to DCA and they say I would have been issued with staements monthly - can I ask you which letter did you send to Debenhams - a SAR or data protection request

 

Many thanks

[maroondevo52]

Hi, pushbike.

 

Sending a SAR should get you everything they have on you.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

Regards.

 

Scott.

[HONESTKNOB]

Any advice on what would be the best route of action now? I've got a court date and have till the end of this month to provide my court bundle. The original claim was using estimated figures but they've now produced a set of statements a year after I requested them and after saying this info wasn't available.

Will I only be able to claim for the charges on the statements they've provided? I really think GE should be liable for their actions somehow. Surely they can't just lie and say the statements aren't available then produce them when it suits them.

[slick132]

Hi HK,

 

I'm not aware of a basis where you can seek comp'n from them in the present court action, so you should focus on what you can claim.

 

Have you used the actual penalty charges figures, as shown on the statements, to fill in an accurate SOC (spready).

 

If so, what's the total chgs figure, and what's the interest on top.

 

What method and rate have you used to calculate interest.

[HONESTKNOB]

Hi,

The actual charges on the statements come to £273. I added contractual interest on up till the date the account was closed in Sept 2005 and Statutory from then till the present date. Gives me a total of just under £500.

The judge has given them till the end of December to provide a breakdown of their costs. What would happen if I didn't amend my estimated claim before then and GE defaulted by not providing the figures as we know they wont?

[slick132]

Hi HK,

 

Save yourself the hassle of doing a court bundle and accept their offer of £500.

 

They won't provide a breakdown of their costs but they WILL tell the court you now have actual figures, so the judge may wonder why you haven't amended your claim.

 

Give them 7 days to pay up, and only discontinue your claim (in writing to the court) AFTER you have the money.

[HONESTKNOB]

The offer of £500 expired a while ago, before they produced all the statements. I'm waiting for a response from them in the next few days which I guess will now be lower. I'll just have to sit on my hands for a few days I guess.

[slick132]

Just noticed - I should have said to add on any court fees paid so far, on top of the £500,

 

Why not write, Without Prejudice, saying you would be willing to accept the offer made by them of £500 on Date, to avoid the unnecessary time and expense of taking the matter further in the present court proceedings.

 

Give them 7 days to confirm their acceptance or you will proceed with your claim and will seek the charges, Contractual Interest and court fees.

 

You'll also bring to the courts attention your attempt to resolve this out of court and their denial of the existance of the data which they eventually provided.

 

You could add that you'll be making formal complaints to the relevant bodies about the delays in providing the data to which you were entitled.

[angel_1]

hiya HN thanks for posting on my ge thread

 

i can see your battles, but your court action was for the getting the statements for your charges,

 

any result on this yet?

 

take care laters angel x