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OH's GE Money Dorthey Perkins store card


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Afternoon all,

 

My girlfriend received a letter from GE Money a few months back demanding a debt from a previous address.

 

I sent them "

You have today contacted me with reference to an alledged debt apparently owed by myself to Dorothy Perkins Standard Plc, but you have omitted any relevant details of how this debt is comprised.

If you insist that this debt is valid then please provide me with the relevant information of how this debt is comprised.

Failure to respond in a positive manner within 14 days will leave me with no recourse but to report your company to TS; OFT and the FSA.

If you do not understand this letter then please pass it to somebody that can help.

 

Regards,

 

M Bibb (Miss)".

 

They sent back 2 statements and piece of A4 with finders fee £25.

So I sent them the following letter and enclosing £1 postal order. "

I DO NOT ACKNOWLEDGE ANY DEBT

ACCOUNT IN DISPUTE

 

I am in receipt of your letter dated 19/03/2009 – Demanding Payment on the account stated.

Following my letter dated 11/03/2009, requesting relevant information as to how you believe I owe this debt, you failed to provide suitable evidence of this.

The three sheets of A4 with a Balance brought forward, Trace Fee, and last two payments not paid in full do not prove that I owe this debt.

 

As pointed out to you in my letter dated 11/03/2009, I have no knowledge of any such debt being owed to Dorothy Perkins or GE Money. I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that this would be considered an unfair business practice under the Consumer Protection from Unfair Trading Regulations 2008.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

Therefore this letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. (12 days +2) You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). i enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you."

 

Today my girlfriend has received a letter from them stating: "thankyou for your letter received on 30th march.

You have requested a copy of your credit agreement under section 78 of the consumer credit act 1974, however please note that no signature was provided in the letter. Please forward a copy of your current driving licence or passport, clearly showing your current signature.

 

On receipt of this information we will respond accordingly. I trust this clarifies the situation and i am sorry that i could not be of assistance on this occasion."

 

What can I do next, if she sent the copies requested then cant they just copy the signature ect.

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send this

 

Dear Sirs,

RE Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested

Yours faithfully

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Afternoon,

 

Recieved a reply from GE today:

 

"re:request undre section 77/78 consumer credit act 1974

 

thankyou for your letter dated 1 april 2009

 

i have noted your comments regarding our requesting a signature, before we can deal with your request for information under section77/78 consumer credit act 1974.

however , the security of our customers personal information is our priority at all times. with the increasing number of cases of identity theft, as an additional security measure to protect our customers, when dealing with requests for account information under section 77-78 consumer credit act 1974, we do require a signature. this is so that we can varify this, against that we hold on file.

i am therefore returning your £1.00 postal order and letter to you. please sign and return your letter to us as soon as possible, together with a copy of your passport or driving licence.

 

i trust this clarifies the situation and i would like to thank you in advance for your co-operation in this matter

 

yours sincerely

 

janet mcGuire

credit data management

0871 522 5085"

 

Didnt think that you had to sign a request - and I dont like the idea of sending a copy of a passport to them either.

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They did actually send two letters today, the one I just posted and one threatinging to pass it on to another company.

 

Surely there is something else that I can send to them to tell them I aint got drivers licence or a passport, and Im not prepared to sign anything until they provide me with the information I have asked for.

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We had a letter this morning, stating that despite previous communication the account still remains unpaid. This was followed by a phone call from GE Money stating that they will take a small card payment on the account to prevent this from going any further.

 

Can someone please help with either writing something about not sending my girlfriends ID / Signature to GE or someone higher.

 

Girlfireind is gettin worried that someones gonna come knocking when im not there, and try to blag money out of her.

 

THanks

 

Andi

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IMHO you could send a 'final' letter on this subject and mention the fact that they have written to your OH on many occasions, (list the letters and dates). Say that if they are so concerned about their customers' 'rights' how come they are quite happy to send these letters to your OH mentioning 'confidential financial information' which they are assuming IS for her that there cannot be one rule for them and another for you. Therefore abiding by their assumption that they are quite confident that this is the correct person to be addressing, they cannot then turn the tables and request her to prove her identity. Tell them that unless the comply with your CCA request, THIS IS YOUR FINAL RESPONSE IN THIS MATTER AND YOU WILL IMMEDIATELY REPORT THEM TO TS and The Information Commissioner.

 

Say that the onus is on them to PROVE their assumptions. You could also incorporate the Telephone Harrassment from the Templates Library on this site.

 

Other may come along with better suggestions, hope this helps.

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Quite right to harrassed senior. Digital enhancing and all that its quite easy to do.

I will be interested in the outcome of this as I have had no response from them yet either.

DG

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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  • 2 weeks later...

Received another letter today but this time from LEWIS Debit Recovery.

Its a Final notice telling her to pay up the full amount by 30/04/09, or failure to pay will result in the normal stuff (Court / Judgement, Debt Collector visiting your property)

Can I have some advise please - is it now Lewis Ive got to send all this info to again??

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So Lewis have taken over send a letter to them and state that it's in dispute. Don't sign it just initial it or print but if you sign it put crosses through it or lines so they can't digital enhance anything.

They are only trying to put the frightners on you.

It's amazing what GE do - which is nothing - then the DCAs start - they are the lowest of the low.

The DCA GE passed mine on to took me to court - judge struck it out coz they didn't provide the relevant details to me or the judge - not heard a thing from them or GE. GE probably don't have the info - I got an application for credit card sent to me from the low life DCA but they weren't even chasing that it was a CC and there was never an agreement.

Now got all my statements from GE so going to go after late fees etc., from them. GE sent my statements to me and I didn't sign my letter.

An account in dispute can't be taken further until the dispute is resolved as far as I know but I'm sure if I'm wrong someone will tell us.

Keep a note of all telephone calls they make to you, dates, times etc., but don't speak to them on the phone after all they could be anyone.

DG:)

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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ok

 

THEY HAVE NOT SENT A CCA.THE ACCOUNT IS IN DEFAULT

 

I SEE THAT YOU HAVE INFORM THEM AS WELL.

 

WELL IF IT WAS ME I WOULD DO NOTHING.

 

THE BALL IN THEIR COURT.

 

I THINK PEE OR GET OFF THE POT LETTER OR YOU COULD SENT HS LETTER.

 

REGARDS LILLY WHITE

 

 

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SENT THEM THIS ALSO TO ANY DCA YOU COULD PUT THAT YOU ARE BEMUSED

 

Date

 

Dear Sir/Madam

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

 

 

Yours faithfully.

 

 

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