AA99 v GE Money Car Loan

[AA99]

AA99 v GE Money - Car Loan

March 2006 Commenced car loan at £212.42 p.m.

May 2008 Defaulted on 1 payment - Charged £30 returned direct debit plus $15 admin fee

24 June Letter requesting £302.42 (£212.42 plus same charges)

22 July Letter advising Direct Debit cancelled by them so I didn't have to pay my own bank charges of £30 plus theirs.

25 July Online account showed £120 charges plus £212.42 owing and account balance £7099 outstanding.

25 July Received a settlement figure of £6026.17

(Car is now valued at £2,100)

08 August I telephoned regarding submitting an I & E Form and advised to offer 25%, ie. £55 p.m.

09 August Received letter stating GE Money were aware of our financial difficulties and sent an unusable I & E Form to complete and return with ALL ORIGINAL supporting documents as proof of income

10 August Arrears £332.42 of which £120 charges. Given 3 days to avoid recovery action and needed immediate payment.

15 August (date of receipt of above letter) I emailed receipt, advised unable to respond in 3 days. Referred to their letter dated 9 August acknowledging a Temporary Hardship Arrangement. Could they please stop sending threatening letters and phone calls.

03 September Received letter dated Sunday 31 Aug Default Notice Section 87 (1) of CCA 1974 giving until 14 September to pay arrears of £574.84 (£150 of which is charges)

03 Sep I telephoned GE Financial Solutions Unit to advise preparing I & E Form and was told that because I receive Carers' Allowances for 2 family members on Disability Living Allowance and Incapacity Benefit, that I had good cause to keep my car.

08 Sep Sent I & E form with covering letter confirming all the above and offering to pay £55 p.m.

17 Sep Received Letter dated 15 Sep advising Default Notice had expired and I had 7 days from the date of this letter to clear full arrears otherwise

1) DCA to collect plus more charges

2) CCJ

3) Court Charging Order against my property (I am a tenant!)

4) Attachment of Earnings (I am on benefits!)

 

HELP - WHERE DO I GO WITH THIS ONE????????

Edited February 14, 2009 by AA99
typo !

[42man]

If it was me in your shoes then I would send them a CCA request first.....

 

Letter 'N' from here, send it with a £1 postal order and do not hand sign it...

 

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

[AA99]

Thanks for that 42man. Is a CCA request necessary when I do hold all the original papers? I really just want them to agree to a temporary hardship arrangement per my I & E Form to them of 08 Sep ?!

[lexis200]

Thanks for that 42man. Is a CCA request necessary when I do hold all the original papers?

 

But do they?

[AA99]

So confirm that means the CCA request is STEP ONE regardless ??!!

If I can get off here long enough tonight, the deed will be done, hee hee

[AA99]

If it was me in your shoes then I would send them a CCA request first.....

 

Letter 'N' from here, send it with a £1 postal order and do not hand sign it...

 

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

 

 

Can anybody confirm for me that a CCA is not JUST for Credit Cards?:?

 

This is a Car Loan, and I have been served Default Notices, am just going to scan them and upload. In the meantime, I wanted to write stating my case so far, ie. per my starter post in this thread, have got the telphone harrassment and Doorstep caller letter done. Have got the Writing Only letter too with query as to why they have not responded in writing to my I&E Form with covering letter explaining our circumstances sent on 8th September.

 

Am I on the right track ?????

Scanning Default Notices now.

[42man]

CCA is good for loans....!!

[AA99]

OK good man, thank you, nearly finished scanning my DN's. Maybe you could have a look ? or maybe our legal eagles will before I post tomorrow??

[AA99]

2 DN's scanned !!!

[42man]

Bit small to read AA !!!

[AA99]

They are full A4 sheets on my PC. Could this upload have done that? Maybe I can just copy and paste them???

[42man]

try using Image hosting, free photo sharing & video sharing at Photobucket - it is free too...

[surprise]

My daughter's car loan is with GE Money and we had major problems with them 2007. They issued a default notice which was not valid. Judging by the dating of yours I would say the same thing has happened with you as my daughter.

 

Firstly, a default notice you should be given 14 days. As you say, GE Money always date theirs on a Sunday. So the chances are you probably wouldn't have received it until the Tuesday thereby not giving you 14 days. You need to keep your envelopes with GE Money.

 

I would be inclined to write to GE Money and tell them that the default notice that they have issued is not valid. Also the amount shown should not include charges, so if they have included charges again this is not valid.

 

I dealt with my daughter's case from February 07 to August 07 when I wrote to the Chief Executive and threatened legal action. Within 2 days of this letter being delivered I had a phone call from Head of Complaints. My daughter finished up with £1,500 compensation. He said to me on reading the file he was highly embarrassed and lessons needed to be learnt.

 

Doesn't seem that they have learnt any to me as the dating of default notices was one that I highlighted.

[AA99]

Oh surprise!

 

Aren't these companies just so soul-destroying?!

 

I have just joined the Photobucket software and about to try and uplift my DN's. Have a look when I'm successful and I'd love to hear your opinion.

[AA99]

Not sure if I've cracked this, but here goes...........

 

 

Edited January 29, 2009 by AA99
link is wring

[surprise]

Yes its worked. If you didn't receive this until 3.9.08 and they want it rectified by 14.9.08 then you haven't been given the 14 days statutory notice.

 

Write to them saying thank you for the Default notice dated Sunday, 31st August, received 3.9.08 settlement date 14.9.08. As you are aware this Default Notice is not valid as you have not given me the statutory 14 days notice to rectify the situation. How you deal with this is then up to you. I would certainly be stating that they shouldn't be registering this with any CRA's as you will take legal action if necessary against GE Money and will be seeking compensation. Is the amount correct? This should be shown as the amount you are in arrears and should not show any penalty charges. You also need to point this out to them.

[surprise]

Should you need it Head of Complaints is Mark Metcalf (that is if he has still got a job after how much my daughter's claim cost last year, ie £9.500 in the end).

[lexis200]

So confirm that means the CCA request is STEP ONE regardless ??!!

If I can get off here long enough tonight, the deed will be done, hee hee

 

Sorry AA99, yes you do want to CCA them first. I see also that the default was improperly issued, so that's a nice little bonus for you.

 

Hope it all continues in the same vein!

 

Lexis:)

[42man]

This might help you AA...it lists default rules too...

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/132160-really-confused-3.html

[AA99]

AAAh, lovely day today

 

Returned from the Post Office with my recorded delivery receipts for Harrassment/Writing Only letter, CCA letter plus £1 P.O. Also included a copy of my original letter of 8th September stating my hardship case plus I & E Form.

 

What's my date? 16TH OCTOBER - YEAH?

 

Hope many more of you are feeling as encouraged as I do!

[pt2537]

AA99

 

in addition to the advice youve already recieved:)

 

if you have a GE money car loan, and there was a broker or intermediary who set up the loan (Car dealer etc) then you should make a Data Subject access request and ask for a copy of the underwriting sheet or other document which contains commission paid to the broker by GE money

 

under law of agency , a broker is required to disclose commissions paid to them , if they fail to disclose the commission then it can give you a claim for restitution / counter restitution

 

i bet there is an undisclosed commission on that sheet, i see many underwriting sheets and the commission is normally in the top right hand corner, just to give you a pointer

 

Regards

paul

[AA99]

Thanks Paul, very much for that info. The dealer was Carcraft in Wales and I used a car as a trade-in. Also paid about £800 over 5 years for an additional Warranty, (used it once:-?) does that make a difference?

[AA99]

AAAh, lovely day today

 

Returned from the Post Office with my recorded delivery receipts for Harrassment/Writing Only letter, CCA letter plus £1 P.O. Also included a copy of my original letter of 8th September stating my hardship case plus I & E Form.

 

What's my date? 16TH OCTOBER - YEAH?

 

Hope many more of you are feeling as encouraged as I do!

 

UPDATE Today is 17th October and I have not heard a word !!

 

NEXT STEP ?

[42man]

Send em this by recorded...

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[AA99]

Thank you