GE Debenhams store card sold to CL finance

[beachcomber60]

:D :D :D :D

 

Thought I'd 'ave a bit of fun this morning - phoned CL (I know never speak to a DCA - however, beachy is in the driving seat now!).

 

Asked where my agreement is as they are now in serious dispute by a month, was told the person who handles the cca requests is aware of my request and has been waiting for GE to supply said document, I reminded her that under OFT guidelines I am entitled to withhold any payments until such time as the agreement is provided, she replied that they fully understand the Consumer Credit Act and are aware that I can withhold payments.

 

Then asked why they had to 'apply' to GE for the agreement as the letter I have states that CL own the debt & rights 'absolutely', she confirmed that CL own the debt as it was bought from GE (in that case why has GE just sent me an I&E form?). I then asked that if they (CL) own the debt absolute, then they should have the supporting documentation to claim any monies due - her reply was that they are not supplied with any paperwork when they buy debts and have to apply to the OC.

 

Me: So let me get this right, you own the debt ?

 

CL: 'YES',

 

Me: You have absolute rights ?

 

CL 'YES',

 

Me: As you have not provided me with the agreement within the 12+2 days I am entitled to withhold payments until such times as you do ?

 

CL:'YES we understand',

 

Me: Finally if I have any claim on the alledged account, that claim would be made against CL and not GE Money as you own everything ?

 

CL: 'YES it would be us'

 

Didnt have the heart to tell her that GE admit they no longer have it

 

 

THANK YOU TRUE CALL - ALL RECORDED

[diamondgirl]

Well I'd say that's one in the eye for them.

DG:D

[beachcomber60]

Well I'd say that's one in the eye for them.

DG:D

 

I'm looking for a big sharp stick to poke 'em with

[diamondgirl]

:DI'm sure I can find something for you to use in the garage or there might be something in the shed:D

[meerkatsmimm]

Brilliant BC!

 

It helps the spirit in the middle of all of this rubbish with these DCA's to be able to get them to admit they have nothing and cant expect anything.

 

Well Done! x

[beachcomber60]

Brilliant BC!

 

It helps the spirit in the middle of all of this rubbish with these DCA's to be able to get them to admit they have nothing and cant expect anything.

 

Well Done! x

 

 

I have to admit I took a lot of enjoyment out of making that call.

 

Now I know that CL own 'All Rights' to the debt it's time to compose that letter - more enjoyment

 

 

Beachy

[beachcomber60]

I have to admit I took a lot of enjoyment out of making that call.

 

Now I know that CL own 'All Rights' to the debt it's time to compose that letter - more enjoyment

 

 

Beachy

 

 

Having studied the statements and the ppi payments (which wasnt agreed)/unfair charges made over the years I now find myself in an impossible position to prepare a F&F offer as should I add interest to the ppi payments/charges they would OWE me in the region of £1,000

[lilly white]

FILL your boots, compound interests.

 

 

lilly

[beachcomber60]

FILL your boots, compound interests.

 

 

lilly

 

:grin:

 

Received a letter this morning advising me that GE Money has been bought by Banco Santander and is now trading as Santander Consumer Finance

 

Beachy

[diamondgirl]

Well thats interesting I've not got one there again mines supposed to have been sold to the plonkers. Have to see if any of my relatives have had one.

DG:)

[beachcomber60]

Taking on GE Money/CL Finance on behalf of the OH.

 

Account sold to CL end of last year, Sent a cca request to CL March '09 which was totally ignored sent a reminder end of April again totally ignored, at the same time I sent SAR to GE Money and received just statements in return.

 

Replied to GE stating that they have not complied with OH's request, while waiting for that response OH tried to get the cca request from GE, this morning OH received a letter from GE stating that 'there is no longer any obligation for us to provide this information, as specified under 78. we return the fee of £1.

 

Any such request should be sent to CL Finance'.

 

Also received today was some notes which OH requested in the non compliance letter,

 

1. Default notices are system generated letters, which are sent automatically and we do not hold copies.

 

2. Penalty charges levied to the account are provided on the list of transactions & the copy statements you have previously received. The way in which we calculate our default charges is privy to the business only and we are not obliged to provide you with this information.

 

3. Deed of assignment will need to be requested from CL Finance.

 

Also enclosed was the following cca, original store card was replaced with a Debenhams Credit Card - is this enforcable?

 

 

As CL Finance have twice ignored our cca requests whats the best step forward now - legally payments should cease until a proper cca is provided but reading aroud the forum CL seem trigger happy in taking court action.

 

There are charges and 'card protection' payments, who should OH chase regarding claiming these back, although, as I have read throughout the forum GE Money dont pay out very easy, so should we allow court action from CL and defeat them that way?

 

Beachy & OH.

[beachcomber60]

Have not been able to chase this one, it's had to take a back seat due to an elderly relative being seriously ill in hospital.

 

To bring it upto date I have twice cca'd CL totally ignored both times.

 

SAR GE Money (Debenhams store card), only sent statements, total payments made regarding ppi (which wasnt asked for), and a statement that the 'application form' is no longer available due to date the account was opened.

 

Sent GE a non compliance SAR letter and requested full disclosure, also sent GE (seperately) a cca request, letter received this morning returning my £1 fee and stating that as no more monies are outstanding to GE there is no obligation to provide this information.

 

Also received this morning was their response to my non compliance complaint :-

 

1 Default Notices are system generated letters which are sent automatically and we do not hold copies.

 

2 The way in which we calculate our default charges is privy to the business only and we are not obliged to provide you with this information

 

3 Deed of assignment will need to be requested from CL Finance.

 

4 They enclosed a microfiche copy of the original application/agreement which is totally unreadable.

 

5 Requested a month by month breakdown of card protection payments in order that I could calculate the interest - the reply was 'As a finance company there is logic involved in the decisions we make, please be more specific as to what logic you are referring to.

 

There was also a note stating that CL had requested a copy of the agreement but were advised by GE that the application couldn't be retained due to age of agreement - GE called CL to advise.

 

Finally, advised customer that default notices are system generated and there hasn't been no termination notice.

 

Understand GE arent very good regarding PPi/penalty charges, as everything has benn sold to CL should it be them I should be reclaiming from or GE?

 

Or should I tell CL to go forth as no proof of debt exists and charges + PPI + interests far outweigh the balance of the debt.

 

Sorry if I have repeated myself but with a current crisis within the family have lost track a bit.

 

Beachy

[PGH7447]

I chased CL finance and they started court proceeding against me, but realised that I had acted in a proper fashion and that they had screwed up

 

see this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/178782-cl-finance-coward-howen.html

 

I claimed all charges and PPI back

 

hope it helps

[lianhunt]

Hi

 

I'm new on the site today and for the life of me I cannot figure out how to start a new thred so please excuse me writing like this.

 

Can anyone tell me where I can find the standard letters for my creditors to ask for a copy of my credit agreement.

 

I will be eternally grateful.

 

Many thanks

 

Lian

[beachcomber60]

I chased CL finance and they started court proceeding against me, but realised that I had acted in a proper fashion and that they had screwed up

 

see this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/178782-cl-finance-coward-howen.html

 

I claimed all charges and PPI back

 

hope it helps

 

 

Hi PGH,

 

Thanks for your reply, did you reclaim all charges and PPI from CL or GE?, added all together + interest OH thinks the debt would be wiped out, currently on payment plan with them that they said they'd honour from GE, although we know that by stopping payments because of their cca default court action would start almost immediately.

 

Will have a full read of your thread later this evening.

 

Beachy

[PGH7447]

They took the debt over from GE and I cca'd them and sar's GE, the agreement was an application form but did include all T&C'[s etc, so worked out what they had charged me over the years and the PPI which was not ticked on the form.

 

This equated to half the debt so wrote to CL offering a payment plan on the rest, they did not bother to reply but went straight for court, so I used the arguament that they had neglected a reasonable offer etc and they caved in, stopped the court action accepted the payment plan and wrote off the charges and ppi and some. they also removed the default from my credit file

[beachcomber60]

Bumping for #111, could do with some expert advice on best way forward.

 

Unlawful charges & ppi payments + interests equals the debt outstanding.

[creditcardmug]

Hi

 

I'm new on the site today and for the life of me I cannot figure out how to start a new thred so please excuse me writing like this.

 

Can anyone tell me where I can find the standard letters for my creditors to ask for a copy of my credit agreement.

 

I will be eternally grateful.

 

Many thanks

 

Lian

 

Go to the debt collections forum, click on "new thread", tell your story, you will get loads of help

[beachcomber60]

Ran into financial problems last June and reached an agreement with GE Money (Debenhams Store Card) to pay a reduced monthly payment, this went on for a few months when I received a letter from CL Finance informing me that they have notice of assignment and to send all future payments to them and that they would honour the payment arrangement set up with GE, no default notice, notice of assignment or letter of termination from GE.

 

After joining CAG and taking on various creditors I cca'd CL back in March - totally ignored, sent reminder cca in April again totally ignored.

 

Subject Access Request GE Money (Debenhams store card), only sent (some) statements, total payments made regarding ppi (which wasnt asked for), and a statement that the 'application form' is no longer available due to date the account was opened.

 

Sent GE a non compliance Subject Access Request letter and requested full disclosure, also sent GE (seperately) a cca request, letter received this morning returning my £1 fee and stating that as no more monies are outstanding to GE there is no obligation to provide this information.

 

Also received this morning was their response to my non compliance complaint :-

 

1 Default Notices are system generated letters which are sent automatically and we do not hold copies.

 

2 The way in which we calculate our default charges is privy to the business only and we are not obliged to provide you with this information

 

3 Deed of assignment will need to be requested from CL Finance.

 

4 They enclosed a microfiche copy of the original application/agreement which is totally unreadable.

 

5 Requested a month by month breakdown of card protection payments in order that I could calculate the interest - the reply was 'As a finance company there is logic involved in the decisions we make, please be more specific as to what logic you are referring to.

 

There was also a note stating that CL had requested a copy of the agreement from GE but were advised that the application couldn't be supplied due to age of agreement - GE called CL to advise.

 

Final note was that, customer advised that default notices are system generated with no copies and there hasn't been no termination notice.

 

Understand GE arent very good regarding PPi/penalty charges, as everything has been sold to CL, should it be them I should be reclaiming from or GE?

 

Or should I tell CL to go forth as no proof of debt exists and charges + PPI + interests should outweigh the balance of the debt.

 

Debt is approx £3800, ppi & unlawful charges amount to approx £2500 WITHOUT compound interest or statutory 8% interest.

 

Just wonder what would be the best way forward with this one?

[meerkatsmimm]

Hi BC,

 

In a very similar situation to you, with similar results. My thread is here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196701-ge-assign-debt-cl.html

 

 

I have had responses with what they call enforceable agreements, but all 3 are applications and from my GE SAR, they have tacked on unrelated and modern T&C's.

 

Also had the system generated thing about DN's.

 

They owe me approx £2500 also from PPi before any interest, with compound this seriously adds up and more than clears all my accounts with them (plus change), so I am keen to move this on myself.

 

They also sold my debt on to CL whilst in reciept of my CCA request, we guessed as much but this was admitted in account logs in our SAR.

 

Still paying CL the £1 per month but very clearly stating the accounts are in dispute and its a token gesture made without prejudice.

 

Sorry if Ive not been much help, just appears we are at the same point looking for a very similar outcome!

 

meerkat x

[Bazooka Boo]

I'll have to sub to this, as I quoted a part of your thread beachcomber http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204813-pay-oc-reduced-payments.html#post2231785

 

And as normal couldn't find it:cool:

 

See, to be honest and IMO, if you had already set up an agreement with GE Money to pay them a reduced amount each month, and you hadn't defaulted on those payments?

Then out of the blue they have sold it onto a 3rd party, CL Finance. I would dig my heels in, but I am notoriously stubborn:grin:

 

I'd send CL Finance the No Debt Acknowledged letter.

I know you do agree that you owe GE a debt, but as they have defaulted on the agreement both parties must have made and agreed too, CL can whistle.

It's not your concern that GE have defaulted on the agreement and sold your debt on, just to keep their books straight!

 

Have you checked your credit file? If that sort of thing bothers you? Just to see who has in fact 'possibly' marked your file?

 

I'd think about sending CL a request to halt the processing of your data letter too.

 

A formal complaint to the OFT about GE and their surreptitious collection activities: [email protected]

 

How to Complain are getting quite a good rep on here aswell!

 

It is just so one sided, both parties make an agreement, which you stick to, but just because they want to keep their books level, they sell off the bad debt without any acknowledgement to you.

 

If it were the other way round, or you were in one of those DMP's and moved the goalposts, they'd be up in arms:eek:

 

I just don't get it:confused:

 

The fact that I never deal with DCA's only the OC is for this very reason, if an OC is foolish enough to sell the debt on to a DCA, then thats their lookout:grin::grin:

[beachcomber60]

I'll have to sub to this, as I quoted a part of your thread beachcomber http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204813-pay-oc-reduced-payments.html#post2231785

 

And as normal couldn't find it:cool:

 

See, to be honest and IMO, if you had already set up an agreement with GE Money to pay them a reduced amount each month, and you hadn't defaulted on those payments?

Then out of the blue they have sold it onto a 3rd party, CL Finance. I would dig my heels in, but I am notoriously stubborn:grin:

 

I'd send CL Finance the No Debt Acknowledged letter.

I know you do agree that you owe GE a debt, but as they have defaulted on the agreement both parties must have made and agreed too, CL can whistle.

It's not your concern that GE have defaulted on the agreement and sold your debt on, just to keep their books straight!

 

Have you checked your credit file? If that sort of thing bothers you? Just to see who has in fact 'possibly' marked your file?

 

I'd think about sending CL a request to halt the processing of your data letter too.

 

A formal complaint to the OFT about GE and their surreptitious collection activities: [email protected]

 

How to Complain are getting quite a good rep on here aswell!

 

It is just so one sided, both parties make an agreement, which you stick to, but just because they want to keep their books level, they sell off the bad debt without any acknowledgement to you.

 

If it were the other way round, or you were in one of those DMP's and moved the goalposts, they'd be up in arms:eek:

 

I just don't get it:confused:

 

The fact that I never deal with DCA's only the OC is for this very reason, if an OC is foolish enough to sell the debt on to a DCA, then thats their lookout:grin::grin:

 

 

Thanks,

 

Just dont know what to do for the best now, having worked out the spreadsheet tonight, they owe me slightly more then I owe them!

 

GE seem to have washed their hands of the account so its a case of dealing with CL some how.

 

There is no agreement, GE have confirmed that much, CL have been cca'd twice with both being ignored.

 

I know if I exercise my rights and with hold payment as CL are in default of my cca a court order will be here within days.

[beachcomber60]

Hi BC,

 

In a very similar situation to you, with similar results. My thread is here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196701-ge-assign-debt-cl.html

 

 

I have had responses with what they call enforceable agreements, but all 3 are applications and from my GE SAR, they have tacked on unrelated and modern T&C's.

 

Also had the system generated thing about DN's.

 

They owe me approx £2500 also from PPi before any interest, with compound this seriously adds up and more than clears all my accounts with them (plus change), so I am keen to move this on myself.

 

They also sold my debt on to CL whilst in reciept of my CCA request, we guessed as much but this was admitted in account logs in our SAR.

 

Still paying CL the £1 per month but very clearly stating the accounts are in dispute and its a token gesture made without prejudice.

 

Sorry if Ive not been much help, just appears we are at the same point looking for a very similar outcome!

 

meerkat x

 

Morning Meerkat,

 

Thanks for sharing your similar problem, glad I'm not alone dealing with CL

 

Slightly different situation in that GE have confirmed that there is no longer a true copy of the original application/agreement.

 

Just dont know the best way forward now?

 

Beachy

[count orlok]

wifes had same result from GE to do with evans card. I suspect it has something to do with santander selling off dodgy accounts.

[beachcomber60]

OMG ! !

 

Just finished working out the ppi on this account - it cant be right?

 

Started off at just over £2300 but added compound interest at 29.9 APR + 8% statutory interest and it came out at approx £9,000 Account opened in '89 ppi stopped 2005.

 

If this is correct who do I send MY bill to GE or CL seeing they own the debt now.

 

Thanks