g.e.money.C.C.A. is it valid. help please.

[brindles]

hi all

thanks for helping. This is the C.C.A between my mum and G.E.Money.

 

Can anyone tell me if it is enforceable please.

 

 

I thank you for any advice. she was 82 when she signed this. Double glazing rep in her home. she said he carried on for hours. she has now passed away and G.E.Money want me to pay because i inherited the estate.

 

any advice please. thank you.

[creditcardmug]

Hi, yes it looks enforceable to me im afraid, wait for other opinions though.

 

What date is on it?

Did you request this copy from them or is this your original copy?

 

I wouldnt pay them anything until you have had a full breakdown of the payments made to date and any fees/charges having been applied etc.

[brindles]

the date is 27/02/2006.

this is the original i found going through my mums paperwork.

 

yes i thought it was enforcible but thats not the problem just a line of enquiry by me.

 

i did place an add in the london gazette to notify any creditors to make a claim against the estate and time was up january 2008.

 

i will send them

 

death certificate

probate letter

copy of the add with proof of payment.

 

i have been through this site a hundred times for a template letter for these circumstances but it just dont exist.

 

just one point.

i thought once you become 75 years old, you are no longer entitled to take up this type of credit agreement. she was 82 when she sighned this.

 

thanks for your advice. thank you.

[creditcardmug]

click on the red triangle to bring this to the attention of a mod, who may be able to get a legal user to help.

[brindles]

ok thank you. i will not send anything yet.

 

i wondered what that sighn meant. i will click it now.

 

thanks.

[brindles]

hi,

ok i have clicked and sent the report.

 

thanks creditcardmug.

[pt2537]

Ok firstly, its a GE money loan taken through an intermediary

 

so, id bet my bottom dollar that the GE money gave the intermediary a commission for using them, and i see no sign of the commission in the agreement therefore if there is a commission it would fall as a secret commission

 

you need to submit a SAR and ask for a copy fo the underwriting sheet IMHO

 

that will tell you if there was a commission or not, once you have that info then you can assess where you go from there

[brindles]

hi,

thank you. i will send a S.A.R to G.E.money and tell them to include the underwriting sheet IMHO.

 

should l also send a seperate letter containing

death certificate

letter from the stationary office

advert placed in the london gazette. as i am sure i have fulfilled my resposibility under the trustee act 1925. (i am not familliar with this law, just had to follow it in part by placing the add). or should i just wait for the S.A.R reply.

 

thank you.

[pt2537]

sorry IMHO meant In My Humble Opinion,

 

you need to ask for ...........................

 

 

· Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager

 

 

that is what you need to get hold of

[brindles]

lol. yea sorry.

thanks thats great. will do.

do you think i should send death certificate 1st though with the other stuff

or just enclose one in the S.A.R.

or just apply in my mums nane not informing them of her death, Although nationwide would/should have informed g e money of this as i notified nationwide of her death and had the accounts frozen sept 2007 and i was unable to access them until april 2008. i never had access to the accounts as such ever, just the money wich i received in the form of a cheque. so i never see statements or D.D. standing orders etc, just had them closed. anyway,no payments left the account from sept 07.

 

i mention this as i have a seperate thread in the nationwide section. i have sent a S.A.R to them requesting such information. i am now waoiting for that information.

 

I THINK I SHOULD POINT OUT THAT THE LETTERS FROM G.E.MONEY ARE STILL ADDRESSED TO MY MUM.

 

THEY ARE NOT BILLING ME YET,JUST KNOW THEY WILL AS I INHERITED THE ESTATE.

 

oh dear, hope this makes sense. thank you pt2537

[creditcardmug]

Thanks paul for helping with this, i know your busy mate, I was out of my depth here. Cheers CCM

[pt2537]

If you can establish that there was an undisclosed commission then you can pull the agreement apart

 

see Wilson vs Hurstanger Ltd Court of Appeal ruling

[brindles]

ok i will send this on monday.

 

thank you very much.

[brindles]

hi

just to update,S.A.R sent and received by g e money on the 12/11/2008.

 

just to confirm is the 40 days working or calender days.

 

I cannot access the link you supplied, tells me my user account has insufficeint privelages? sorry.

 

thanks for your help.

[brindles]

Hi,

sorry for the delay but g e money took there time with my s.a.r.

 

I have recived a copy of the credit agreement and statements but that is all.

there letter to me states,

 

As requested,we are pleased to enclose a copy of the original credit agreement and a full statement of the account.

please note we are unable to provide you with underwriting sheet and commision figures as well as any of the other information regired as it is denied. It does not fall within the data protection act.

yours sincearly.

 

Can you please advise me how i should reply,please.

 

Thank you all.

[brindles]

Hi all

 

please can anyone advise me on the above question,any help would be welcome.

 

thanks to you all.

[creditcardmug]

You need pt's help again, as he is the only person who seems to know about this, i dont think you can PM him, so click the red triangle, and ask for pt's help.

[brindles]

Hi creditcard mug

 

Thanks for the reply. I will wait to see if anyone else answers as i dont wish to bother people but,I would like to send a reply on monday morning.

 

If no one else can help then I will ask pt for his time and advice.

 

thanks very much, you guys are great.

[brindles]

Hi

I have been advised to click on the red triangle.

 

can you help with the above question please,

 

thank you very much.

[steven4064]

CAn I ask a couple of questions -

 

are you the executor of your mother's estate?

Have GE Money mentioned anything about possible legal proceedings, even in passing?

 

One option is to write to them and ask them again for the underwriting sheet. Tell them that you are requseting the information under CPR Part 31.16 as they have notified you of their intenetion to start court procedings or, if they haven't, tell them that you are intending to start court proceedings for recovery of money paid under a contract entered into under duress and constituting irresponsible lending as your mother was 82 when she was browbeaten into taking out the loan (or both, in which case your case would be a counter claim))

[brindles]

They have not asked for the money or threatened any action.

The contract debate was not my intention but a suggestion put to me in this thread.

but I am gratefull for the advice.

 

I feel I have fullfilled my requirements under the trustee act 1925 and they have no claim to make as the time limit expired under the trustee act.

 

I just cannot believe they will take it laying down and am seeking advice to prepare for what they may try to enforce on me.

 

The advice I seek at the moment is,

 

Are the underwriting sheet and commision fiqures ect covered under my subject access request or are G.E money correct when they say these documents are outside ouside the request and access is denied.

 

Thank you very much for your advice.

[brindles]

Hi again,

Yes im the executor of my mothers estate.

I have sent them death certificate and a copy of the notice to creditors asking for claims to be made against the estate,with deadline that was placed in the london gazette along with confirmation that no such claims having been made.

 

All advice will thankfully received. thanks you all.

[brindles]

CAn I ask a couple of questions -

 

are you the executor of your mother's estate?

Have GE Money mentioned anything about possible legal proceedings, even in passing?

 

One option is to write to them and ask them again for the underwriting sheet. Tell them that you are requseting the information under CPR Part 31.16 as they have notified you of their intenetion to start court procedings or, if they haven't, tell them that you are intending to start court proceedings for recovery of money paid under a contract entered into under duress and constituting irresponsible lending as your mother was 82 when she was browbeaten into taking out the loan (or both, in which case your case would be a counter claim))

 

Hi

sorry but i have only just noticed the above reply?

 

Thanks, I will make a further request usuing your excellent suggestion.

 

will let you know the reply. thanks

[brindles]

Hi Steven 4064,

I sent the browbeating letter under CPR part 31.16. they are not amused and put me to strict proof before they will part with anything.

 

they do politely suggest i make a settlement offer.

 

I am going to write another letter stating i have fulfilled my obligations under the trustee act 1925.(mmm think i better read up on that) and the estate has no claim to answer.

 

I will tell them thats my final word, see where it gets me.

 

Thanks for the advice.

[brindles]

hi again.

 

I have found this in the consumer credit act 1974, Can someone tell me what canvasing acctualy means, and does this apply to uninvited double glazzing reps.

 

Canvassing etc.

48.—(1) An individual (the "canvasser ") canvasses a regulated agreement off trade

premises if he solicits the entry (as debtor or hirer) of another individual (the

"consumer") into the agreement by making oral representations to the consumer, or

any other individual, during a visit by the canvasser to any place (not excluded by

subsection (2)) where the consumer, or that other individual, as the case may be, is,

being a visit—

(a) carried out for the purpose of making such oral representations ~o

individuals who are at that place, but

(b) not carried out in response to a request made on a previous occasion.

(2) A place is excluded from subsection (1) if it is a place where a business is

carried on (whether on a permanent or temporary basis) by—

(a) the creditor or owner, or

(b) a supplier, or

© the canvasser, or the person whose employee or agent the canvasser is,

or

(d) the consumer.

49.—(1) It is an offence to canvass debtor-creditor agreements off trade premises.

(2) It is also an offence to solicit the entry of an individual (as debtor) into a

debtor-creditor agreement during a visit carried out in response to a request made

on a previous occasion, where—

(a) the request was not in writing signed by or on behalf of the person

making it, and

(b) if no request for the visit had been made, the soliciting would have

constituted the canvassing of a debtor-creditor agreement off trade premises.

(3) Subsections (1) and (2) do not apply to any soliciting for an agreement

enabling the debtor to overdraw on a current account of any description kept with

the creditor, where—

(a) the Director has determined that current accounts of that description kept

with the creditor are excluded from subsections (1) and (2), and

(b) the debtor already keeps an account with the creditor (whether a current

account or not).

(4) A determination under subsection (3)(a)—

I have read the above a hundred times but still not sure what it really means in practice.

 

thanks for any help.