GE Debenhams store card sold to CL finance

[beachcomber60]

Ive just about done the defence

 

ime doing a counter claim for the ppi and i need to know

 

date the ppi started

 

was any assesmant done on your life style/medical history etc to see if the ppi was needed (statement of means)

 

any policy document on the ppi

 

do you know how much you paid in ppi premiums

 

how was the ppi sold

 

Thanks postggj,

 

PPI 'added' November 1989

 

At the point of opening the Storecard PPI wasn't even mentioned, there is no signature box to request/accept it , there is no tick box requesting/accepting ppi.

 

Have never received a policy document until we did a SAR June '09

 

As for assessment - we were shopping in Debenhams at the time and at the sales counter while paying for our purchases the asistant asked whether OH had a Store Charge Card, when OH said no the assistant did the heavy sales routine stating that if OH took one out that day OH would get 10% off all purchases in store, there was absolutely no mention about ppi & any kind of reference to it. Oh agreed to take one out & was just told to fill in personal details & signature & if accepted would have a chargecard there & then to get the 10% off, as it was Xmas and a huge queue waiting at no time was it possible to read the T&C's

 

Just accepted it as that it was compulsary until ppi premiums where spiraling out of control & late 2005 I phoned GE to see if it could be cancelled, that is the time it stopped.

 

I have challenged GE ppi sales procedures to which they replied that they are not responsible for the actions of the sales assistants, GE werent regulated at the time so basically go away.

 

I have also pointed out to them that the FSA fined them £610k in 2007 for the very reasons stated above, however they replied that the fine relates to a time AFTER they became regulated and has no standing on pre regulated agreements, to which I replied that if their practises were so bad after regulation resulting in that fine imagine how bad it was pre regulation.

 

They were also made aware of their breachs to the FLA Code Of Practice to which they were signatories.

[beachcomber60]

Best to keep it private, I'm finding from other similar threads, CL are altering the way they are tackling these claims.

 

Debs

 

I'll go along with Debs advice & for another reason which I'll explain in a PM to you.

[beachcomber60]

Oops forgot,

 

PPI Premiums £1,540.79

Compound Interest £2,522.01

Statutory Interest 8% £2,324.65

as at June 2009

[postggj]

So your total ppi premiums were £1540.79

 

 

ime now looking at contractual interest

 

thats the interest you were paying on the agreement, not the statutory interest of

8 %

 

come back with a figure will you on that

[beachcomber60]

Contractual interest was 29.9%

 

Beachy

[postggj]

Are you able to calculaate contractual interest beachy

[beachcomber60]

Are you able to calculaate contractual interest beachy

 

Would it help if I scan & post the spreadsheet that I submitted to Santander.

 

Using phone browser at the moment, on way home from a funeral - be about an hour.

 

Beachy

[postggj]

PLEASE DO

 

SEE YOU SOON

 

DEFENCE IS DONE AND IME COUNTER CLAIMING ON THE PPI

 

AS CLUELESS ARE NOW THE CREDITOR BY ABSOLUTE ASSIGNMENT,

 

THEY WILL BE PAYING YOU

NOT SANTANDAR

 

OH THE IRONY OF IT

[beachcomber60]

PLEASE DO

 

SEE YOU SOON

 

DEFENCE IS DONE AND IME COUNTER CLAIMING ON THE PPI

 

AS CLUELESS ARE NOW THE CREDITOR BY ABSOLUTE ASSIGNMENT,

 

THEY WILL BE PAYING YOU

NOT SANTANDAR

 

OH THE IRONY OF IT

 

Attached is the spreadsheet that was submitted to Santander, you'll notice that 1) is extremely high _ I got this figure by taking the average premium & multiplying it by the number of months they couldnt supply statements for (this was done exactly the same way as Barclaycard calculated PPI premiums for 'missing statements' that they paid out for mis selling).

 

On item one, as a gesture of goodwill (dont know why) I used 15% interest instead of agreement interest of 29.9%

 

 

[beachcomber60]

This is the press report as to why GE were fined for mis selling

 

 

[postggj]

Why have you included 8 % interest with compound interst##its one or the other but we can use both figures

 

if the court does not allow compound, it will allow statutory

[postggj]

Can you extend the spreadsheet up to when the agreement was terminated

[debbbbsy]

AS CLUELESS ARE NOW THE CREDITOR BY ABSOLUTE ASSIGNMENT,

 

THEY WILL BE PAYING YOU NOT SANTANDAR

 

I will pre-empt this for you. CL WILL pass this account back to Santander, they won't mention the Storecard Conversion, but will refer to GE's failure to issue a DN. Santander will phone demanding payment, you will argue (In writing) that the account was Sold to CL, that the account was assigned "Absolute". Santander will respond by stating in lots of legal long winded verbal crap that they are legally allowed to buy back the account, because GE failed to issue the DN the account was "incorrectly sold". You will stand your ground........checkmate.

 

Debs

[postggj]

Now you have gone and spoiled it8)

 

as a claim has been issued, on the claim being withdrwn, no further court action can be started

 

part 38 discontinuence

 

res judicata

[beachcomber60]

Spreadsheet was up to the June 09 & it was 'sold' to CL shortly afterwards so sums involved would be minimal but will redo in the morning when I get home from work.

 

Go with the flow regards interest

 

Hiya Debs

Edited October 27, 2010 by beachcomber60

[postggj]

As you see ime well ahead of the game but still need to go through the motions

 

by the way

 

keep it comming debs

[DonkeyB]

Absolutely bloody brilliant!

[debbbbsy]

Now you have gone and spoiled it

 

:whoo:

 

When going into battle.....always best to know your opponents next move......even before they know it. But aslong as they don't know that you know, what they know.....

 

Debs

[beachcomber60]

Completely redone calculations at Card APR of 29.9% up to 'termination 26/08/2008'

 

Total PPI premiums £ 1,183.75

Interest at 29.9% £ 4,435.39

 

Total £ 5,976.18

 

Didn't bother with the 8% Stat. Int.

 

Beachy

[postggj]

Ill email you the docs later tonight

[beachcomber60]

Ill email you the docs later tonight

 

 

Morning Postggj,

 

Did you manage to send it last night, just checked inbox after getting in from work & nothing was there.

 

Regards,

 

Beachy

[rnp1966]

sub

[postggj]

Computer crashed last night

 

sending again this evening

[beachcomber60]

Computer crashed last night

 

sending again this evening

 

Thanks postggj,

 

If its easier send via PM if you like.

 

Beachy

[beachcomber60]

Computer crashed last night

 

sending again this evening

 

Hi postggj,

 

Any joy with this one.

 

Entering panic mode now, not sure we can get it printed off & post to court in time.

 

Is it 28 days from the date on the claim form or 28 days from receipt.

 

Hope to hear from you soon

 

Beachy