GE Woodchester Car Finance loan to Link Outsourcing

[citizenB]

Just giving your thread a little nudge.

 

Just a suggestion, as this company appears to be fobbing you off. How about taking it to the Financial Ombudsman. They are cracking down pretty hard on mis sold PPI. I see in one of the above company's replies that they advise you take it to the FInancial & Leasing Association (who are they ?) if you arent satisfied. IMHO, either FOS or court might make them sit up and take notice.

[beachcomber60]

Thanks for nudge.

 

This ones going cold on me, in view of PT's input and help it seems to be the opinion that the agreement is fatally flawed, if that's the case I'd prefer the debt be written off, just waiting for PT's update.

 

If it's a no goer on that then I have to resume the mis sold ppi claim that started all this.

 

Beachy

[beachcomber60]

Just Googled to find out about Financial & Leasing Association.

 

Means absolute diddly to me concerning my complaint.

 

 

Who is FLA?

 

FLA is a trade association. Our members are required to follow our code of practice – the Lending Code. We record and monitor all the complaints we receive about our members.

How to make a complaint

 

You will need to complete our on-line complaint form (link below). If, for any reason, you would prefer a complaint form to be posted to you, please call FLA on 020 7836 6511

What happens once I have submitted my complaint to FLA?

 

Once the complaint is received by the FLA we will send you an acknowledgement e-mail within 2 days.

What is the FLA conciliation procedure?

 

We will liaise between you and our member in order to resolve your complaint. We will ensure they respond to your concerns and monitor their compliance with the provisions of our Code.

 

Although we cannot award compensation or make a decision about your complaint, we will continue to work with you until a satisfactory conclusion is achieved or it is more relevant for your complaint to be considered by somebody else.

What if you are unable to reach a satisfactory conclusion to my complaint?

You may be able to refer your complaint to the Financial Ombudsman Service (FOS). Our member will send you details about how to do this at the relevant time.

 

However, if your complaint arose before 6th April 2007, this option will not apply. If this is the case, FLA will advise you of your further options.

 

Please ask us at any time if you would like further information about this. You can also contact FOS on 0845 080 1800.

Other relevant information

 

FLA is unable to provide you with legal advice on your complaint - if you want legal advice, you should contact your local Citizens’ Advice Bureau, Trading Standards Office or a solicitor.

Please note that you will be unable to use the FLA complaint scheme where your complaint has been, or is being considered by the Financial Ombudsman Service or a court.

[citizenB]

Hmmm, it just seems to be another layer doesnt it. I would just go to the Financial Ombudsman. You only get so long to make a complaint, I think it is 6 months from the first time you became aware of the problem.

[beachcomber60]

I think you are probably right, I honestly thought PT had them by the short & curlys, I am cr@p at writing formal letters so without PT's assistance I havent got a response, so it looks like just chasing the ppi.

[pt2537]

Response from GE arrived.

 

 

 

 

 

 

 

Dear Sir

 

Thank you for your letter dated XXXXXX the contents of which i note.

 

If it is your view that the payment protection policy is not credit, then it must be a charge for credit and must be incorporated within the total charge for credit ( see s9(4) CCA 1974)

 

accordingly the total charge for credit would be misstated as you have failed to incorporate this correctly into the total charge for credit and accordingly the agreement is improperly executed. In addition the APR would be incorrectly stated as a result of this point due to the fact that it would fail to incorperate the cost of the PPI into the Total charge for credit calculations

 

If you are of the view that the policy was cancellable then i would ask you to confirm where this provision is set out within the contract as i am unaware of such a provision.

 

in response to your comment that you could not have ascertained the cost of the policy i cannot agree with this statement, clearly it requires little maths to work out that 60 payments of £41.91 clearly equals £2514.60 therefore it is simple maths to calculate the cost of the policy over the term of the agreement

 

As previously stated, i do not believe the agreement is properly executed , it would be my submission that either the PPI is credit in which case my previous letter stands or that in light of your view, the policy must be a charge for credit and accordingly the agreement is improperly executed

 

I look forward to your response

[beachcomber60]

Thank you Paul,

 

This ones doi' me 'ead in!

 

I have been going through all the paperwork relating to this.

 

The Statement as #85 - the opening balance was £16,483.80 cant find anything on the agreement that comes anywhere near this figure apart from 60 x £274.73.

 

Surely it should state £16,483.80 as the total amount payable under the agreement.

 

Jim

[beachcomber60]

Still awaiting response to my letter in which I gave 14 days for them to reply.

 

However, I have been trying to get my head around the postings in the thread:-

 

Multiple agreements falling within section 18 CCA 1974

 

As my GE Woodchester loan was a 'top up' loan a)restricted to pay off outstanding loan b) unrestricted ie balance left paid to me & c) PPI element, I wonder if indeed this agreement is a multiple agreement and whether it is properly executed etc etc.

 

Sorry but I'm a very slow learner.

[alanalana]

Hello beachy,

 

how are you doing?

 

Please see this thread re your last post it may help get your head around the issue of multiple agreements on one CCA!!!!!

 

Multiple agreements falling within section 18 CCA 1974

aa

[beachcomber60]

Hi aa,

 

Yes Ive read the thread two or three times (including this one - still confused by it all).

 

Still waiting for GE to respond to my second letter, little did I know that a complete numpty would be dealing with it at GE.

 

Need to find a way of bypassing him to get to someone more knowledgable at GE who just doesnt try and pawn me off with bull.

 

Beachy

[beachcomber60]

GE Money keep telling me to take my complaint to the Finance & Leasing Association and not the FOS. (Mis Sold PPI & Flawed loan agreement).

 

Has any fellow CAGGERS had any dealings with this association? And are they fair?

Edited February 18, 2009 by beachcomber60
Spelling error

[lilal]

i wasted 3 months with them ,they gave me the same drivel as ge well you signed the t&c,s so we agree with them .they did say i could go with ge into arbitration with an independant however if i take this offer and don,t get the result for me i then cannot take it to court.bum to that so i filed at court

[andie_303]

If GE are advising you to go to someone - cynics would ask - what is in it for them?? why do they not want you to go to the FSA??

[beachcomber60]

Thanks fellow Caggers,

 

When I complained about PPI I had a reply, by return post saying that they had fully investigated the ppi and I had no grounds to complain as the loan was taken out a month before they became regulated by the FOS, if I wasnt happy then I should file a complaint with the Finance & Leasing Association (of which they are members).

 

I had my agreement looked at on this fantastic forum, the agreement is flawed, again wroteto GE and the response was that my complaints were completely unjust and suggested I contact Finance & Leasing Association - I cannot see how this association can be unbiased.

 

My thread is GE Woodchester PPI.

[lilal]

Too right! ge PAY to be members of the FLA:mad:

[beachcomber60]

Well second letter (thanks PT) to GE has gone by without any response/acknowledgement from them.

 

I really dont know what to do, I am wondering if they are uncommunitive/obstructive because I am still paying them, great debate with OH over this - I feel that if there is major problems with the agreement (ppi aside) I'm wasting my money continuing paying them, perhaps I should stop and let them take me to court (I'm afraid to take them to court in case I lose), OH says I should and must continue paying as they have already threatened charging orders and attachment to earnings through my employer -this would be fun as I'm self employed hence my ppi missold claim.

 

Dont want to go through Finance & Leasing Association as I cannot see how they can act in fairness to the consumer when GE pay them to be members.

 

As always thanks for any advice given.

 

Beachy.

[beachcomber60]

Looks like stalemate with GE.

 

I wont take it F&L Assoc. cant take it FOS because GE state thry werent regulated when the loan was taken out.

 

GE have now stopped replying to my letters.

[hellhasnofury]

Looks like stalemate with GE.

 

I wont take it F&L Assoc. cant take it FOS because GE state thry werent regulated when the loan was taken out.

 

GE have now stopped replying to my letters.

 

Hello BC,

 

I do understand how totally frustrating this can be, and I do know how difficult ge can be:-x I have had dealing with them and yes they do ignore you after a while:-x

 

Ge are fully aware of your reduced options regarding regulation aspect of your complaint, so basically your only option now is to issue a court claim against them to recover your money.

 

Which part of the ge network are you dealing with

GE Capital Bank £610,000

Edited February 20, 2009 by hellhasnofury

[beachcomber60]

Mornin' HHNF,

 

Thanks for your comment, it does look like my only option, although PT has looked at the agreement and considers it seriously flawed and unenforceable, which leaves two decisions to make 1) getting them to close the account & writing the debt off or 2) reclaim ppi which would still leave about £1500 outstanding.

 

Beachy

 

PS - Sorry forgot - its GE Woodchester.

[lilal]

i don,t get why ge have cancelled your ppi .looking at it it seems front loaded ,meaning you borrowed the extra to buy a policy.another point is on the schedule (sent to you by ge)for the ppi does it state that neither yourself nor ge can cancel this policy,ge haven,t provided or underwritten this policy ,just sold you a loan to buy it .i can,t help with the cca part , i would file at court for the ppi ,i used a lot of alanfromderby ,s poc

[beachcomber60]

I've not only read the multi agreement thread as above #103, I've also posted on the thread (inc. posting the agreements) for second opinions but I dont seem to be acknowledged, bit disappointing, I am really scared of taking court action although I see no other way to sort this out, OFT FOS & FSA dont want to know so GE seem to be on a winner.

 

As I understand PT is not available at present, allI need is a little reassurance that the agreement is flawed, I dont understand the legal issues.

[magiciansgirl]

Hi, I've just been told to go to the Finance and Leasing Association by GE as well (missold PPI on a storecard). Am not in debt to them, no arrears just cross about the misselling.

 

I looked at the FLA website and they are PRO PPI. So I'm going to ignore the advice and go to the Financial Ombudsman.

[Peterbard]

Hi

I Know Paul won't mind me chipping we are old mates.

 

Just a point that may be relevant.If they are saying that the PPI was nothing to do with the agreement then that breaches section 4 of the 1553 regs (the no interspertion rules)

and such information, statements of protection and remedies, signature and separate boxes shall be shown together as a whole and shall not be preceded by any information apart from trade names, logos or the reference number of the agreement or interspersed with any other information or wording apart from subtotals of total amounts and cross references to the terms of the agreement. and also the oft guidlines that there sohould be no other material on the agreement other than that which relates to the agreement.

 

Might just be worth throwing into your POC.

 

Best regards

Peter

Edited February 25, 2009 by Dodgeball
can't spel for tfee

[beachcomber60]

Hi Peter,

 

Many thanks for your input, I am sure Paul is ok with additional input, I know he is really busy so didnt want to disturb him too much. GE seems to be impossible to reason with!

 

I cannot seem to get past a numpty in their customer services which I know has annoyed Paul.

 

Beachy

(Jim)

[Peterbard]

HI

Can i ask what the date is on the agreement?

 

Peter