GE Woodchester Car Finance loan to Link Outsourcing

[beachcomber60]

Hi all,

 

Have just been scanning over a cca I have with GE Woodchester after agreeing to lower payments as things have gone belly up this year for us. To my shock & horror I found that I have been paying £43 a month PPI for the past 34 months (ppi box on the cca is printed a 'tick' and not by hand and I, for the life of me cannot agreeing to this as I am classed as self employed and wouldn't (and am not) covered for unemployment as I subcontract to several customers so would not become 'fully unemployed'.

 

Would this be classed as being mis-sold a ppi policy for which I can claim back payments made?

 

Thanks in advance.

[alanalana]

Hello beachcomber,

 

welcome to the PPI forum:)

 

Have just been scanning over a cca I have with GE Woodchester after agreeing to lower payments as things have gone belly up this year for us. To my shock & horror I found that I have been paying £43 a month PPI for the past 34 months (ppi box on the cca is printed a 'tick' and not by hand and I, for the life of me cannot agreeing to this as I am classed as self employed and wouldn't (and am not) covered for unemployment as I subcontract to several customers so would not become 'fully unemployed'.

 

Would this be classed as being mis-sold a ppi policy for which I can claim back payments made?

 

Thanks in advance.

 

I would say you have a case to complain for Mis-sold PPI however you will need to send off a Subject Access Request to GE with a statutory fee of £10.00. Postal order will be fine but keep the counterfoil. make a note of the date sent and send it recorded delivery. Keep an eye on it through Royal Mail track and trace to ensure you have proof of delivery..

 

Here are a few links from the links in stickies to get your started.

 

For claims before 2005 and the FSA ruling from which campaign

How to tell if you’ve been mis-sold PPI

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

 

 

for the SAR...

 

Full S.A.R - (Subject Access Request) for ppi

 

This is to find information on GE woodchester Just type in the details in the firms name box and hit submit and away you go..

 

FSA Register

 

 

and to get the information on the data controller of the firm use this link and use the search option...

 

Register of Data Controllers & their roles - Information Commissioner's Office - Information Commissioners Office

 

Hopefully this will help to get you the information to start your reclaim and Good Luck;)

 

aa

[beachcomber60]

Alanalana, Thanks for the reply, after checking the 'Which' link I am sending off a copy of the sample letter, asking for refund of premiums paid (about £2,000 + interest) as I was clearly mis sold the ppi, well fingers crossed.

[hellhasnofury]

Alanalana, Thanks for the reply, after checking the 'Which' link I am sending off a copy of the sample letter, asking for refund of premiums paid (about £2,000 + interest) as I was clearly mis sold the ppi, well fingers crossed.

 

Good luck to you and keep us posted:grin:

[AA99]

Before I start, is GE Woodchester the same as GEMoney for a BHS Gold Card, (store card) ????

[beachcomber60]

Thanks for your reply. Woodchester are part of the GE empire, my account with them is for an unsecure personal loan.

[beachcomber60]

Major development, while waiting for my cca/S.A.R - (Subject Access Request) to come through I did a search for the paperwork that I have.

 

What a beauty - the loan was arranged over the phone inc. bank DD, they sent me the paperwork to sign and return - I found the paperwork today all three copies of the agreement their orginal, 2nd copy and my copy all of which are unsigned and undated by them or me - must have forgot to send it back to them and was never reminded.

 

OH HECK - WHAT TO DO NOW?

[pompeyfaith]

bump

Edited November 6, 2008 by pompeyfaith

[alanalana]

Hello beachy,

 

Major development, while waiting for my cca/S.A.R - (Subject Access Request) to come through I did a search for the paperwork that I have.

What a beauty - the loan was arranged over the phone inc. bank DD, they sent me the paperwork to sign and return - I found the paperwork today all three copies of the agreement their orginal, 2nd copy and my copy all of which are unsigned and undated by them or me - must have forgot to send it back to them and was never reminded.

 

OH HECK - WHAT TO DO NOW? Get your money back

 

Send a letter asking them to provide you with a true copy of the CCA as signed by you. You will need to cite sections 77/78 of the Consumer Credit Agreement 1974 to see what they come up with and you will need to send a £1.00 Satutory fee to get this information. They then have 14 days to produce a true copy of the document to you if they fail you can put the whole agreement into dispute and stop paying them. If they then fail to produce the document within 30 days they are breaking the law so they then cannot insist on payments or insist on a Court ruling to enforce any payments. I do not have immediately to hand all the legal stuff on this but it is available if you ask. Some banana will post up the relevant Statutes for you.

 

Hope you can use this info.

 

aa

[beachcomber60]

Thanks for that.

 

There won't be a 'true signed copy of the cca', as I mentioned I found all three copies which were sent to me for signing but got put to one side and never signed and returned to them, also found last night was a letter welcoming me to GE and my 'copy' of the cca - again unsigned by either me or them, received about ten days after the loan started.

 

As the agreement was never signed, by both parties, does this make reclaiming ppi stronger or weaker?

[alanalana]

Thanks for that.

 

There won't be a 'true signed copy of the cca', as I mentioned I found all three copies which were sent to me for signing but got put to one side and never signed and returned to them, also found last night was a letter welcoming me to GE and my 'copy' of the cca - again unsigned by either me or them, received about ten days after the loan started.

 

As the agreement was never signed, by both parties, does this make reclaiming ppi stronger or weaker?

 

If they cannot produce a signed copy then I believe the loan can be disputed. I would ask for further advice on this though.

 

If your copy of the agreement shows PPI as single premium with interest added but you did not accept it or sign for it then you can claim it back.

I assume you are still making payments?

 

I would definately ask them to refund your PPI premiums plus the interest.

 

aa

[beachcomber60]

Thanks AA,

 

Yes I have a payment plan with them at the moment due to change in circumstances.

 

If I can get the ppi refunded it'll reduce the balance to about £2k (excluding any interest that I can claw back - not sure on how to work out loss of interest on the ppi payments).

 

Just been promised brekkie at Tescos so away from PC now.

 

Beachy

[chipbeck]

Good luck Beachcomber. Tis lot think they can do and say what they want. I have my own thread but I'm currently at the stage where I'm sending details of the wifes store card off to the FOS. I need to see what their take is on the fact that they I have a CCA that indicate no PPI yet they have been taking it. Not to sure that the FOS will agree with the 'it was aked for on the phone but we have no record of it' that they are trying to palm me off with.

[beachcomber60]

Have found out that the insurance cover on this agreement is Credit Protection Insurance not PPI (is this the same?)

 

Also premiums are added monthly, no mention any where about single premium being added, does this change things regarding claiming back premiums paid.

 

As always, thanks

[alanalana]

Hello beachy,

 

Have found out that the insurance cover on this agreement is Credit Protection Insurance not PPI (is this the same?) Yes For CPI read PPI.

 

Also premiums are added monthly, no mention any where about single premium being added, does this change things regarding claiming back premiums paid. Unable to answer this without a preview of your CCA? Can you scan cut out the personal bits in paintshop ie names addressess account numbers sort codes etc and stick it into photobucket so we can have a look. I ask this because although the premiums may be payable monthly it may not necessarily mean they are added monthly. If you have a single premium it is added on to the cost of the loan and then interest is added but you will pay a monthly figure depending upon the period of the loan ie 24 months 60 months etc.

 

As always, thanks

 

Hope this is of use:)

 

aa

[beachcomber60]

Thanks AA,

 

 

 

And

 

 

 

 

As I said previously no signatures from either party & computer 'tick' in the ppi box

 

Thanks for looking

Beachy

Edited November 12, 2008 by beachcomber60
Identifyable data removed

[Fred_Funk]

beachcomber60

 

If you use the search facility - centre top of page - you will fnd there are plenty of threads concerning CCA requests.

 

Essentially, this is where you pay, as I recall, £1 for the loan provider to supply you with a copy of your credit agreement. If they are unable to do so or if the credit agreement fails to meet the legal requirements - one of which is that it is signed by both parties - then it is unenforceable.

 

If that's the case then it won't just reduce he balance to 2k, it will leave GE with little or no option but to write it off. At the same time, it should strengthen your claim for the mis-sold PPI, and interest, you have already paid.

 

I don't profess to be an expert on this but, I'm fairly certain, if you pursue this with someone who is they will tell you much the same.

 

Good luck!

Fred_Funk

[beachcomber60]

Thanks Fred,

 

Posted cca for AA to have a scanny over it, unable to see if PPI was added in lump sum or premiums are just added monthly.

 

take your point re CCA, as posted above, I have all three copies 1) Original, 2) Lenders 2nd copy & 3) Customers copy which weresent for signing however they were put to one said and forgot about, never received any reminder to send them back.

 

Are you saying its possible to have it written off AND reclaim PPI?

 

Only realized it when I started PPI reclaim.

 

BC

[Fred_Funk]

Are you saying its possible to have it written off AND reclaim PPI?

 

Yes. In theory, you could even go after GE for the money you've paid on the loan. However, that would be fraught with difficulties - especially as you're not disputing you had the money in the first instance.

 

Better, me thinks, to make a CCA request, just to make 101 per cent sure they haven't got anything with your signature on, and then to set about having the loan written off.

 

The PPI, however, is an entirely different issue. You paid for this and it was mis-sold. You're entitled to it back with interest.

 

Fred_Funk

[alanalana]

Hello BC,

 

Ref your post 18 I do not see any reference to PPI on your CCA, do you have any other paperwork?

 

aa

[beachcomber60]

Evening aa,

 

Yeah sorry, when I post cca up today I had a horrible thought that by leave figures in I could be identified so I removed them to play safe.

 

There are two sets of figures 1 without & 1 with ppi - I have been paying the larger sum inc. ppi the difference being approx £42.

 

In the protection insurence box the bottom line states that I must pay them £42 (approx) per month as long as the agreement lasts.

 

Thanks as always

 

BC

[alanalana]

Hello BC,

 

You can post the figures but the main thing is to protect identity on account details, names, addresses etc.

 

Could you repost but include the Figures?

 

Thank you

aa

[beachcomber60]

OK, Iam working local deliveries tonight so I'll pop home & post later

[alanalana]

BC

 

I will try and have a look tomorrow and respond

 

aa

[beachcomber60]

Update - Received reply:-

 

Thank you for your letter (date)

 

I appreciate that due to recent press coverage regarding insurance regulations and GE Money being fned by the FSA you feel that you have been mis-sold the Credit Protection Insurance on your agreement. The FSA fine, and the associated media coverage, however relates to policies purchased after 14th January 2005 when the FSA's Insurance Conduct Of Business Rules (CIOB) regulations came into force.

 

I can confirm that your policy was set up **/11/2004. As this was prior to January 2005, the FSA's decision is not relevant, but all complaints alleging that insurance may have been mis-sold are taken seriously and I have therefore full investigated all aspects of your complaint.

 

Following the acceptance of Credit Protection Insurance, a welcome pack was also issued by post, which included full policy details. This stated that the product may be cancelled within 30 days at no charge, and the policy may also be cancelled at any point throughout the agreement.

 

From our investigations we have been unable to find any evidence of mis-selling. As all information provided was correct we are therefore unable to refund the premiums paid on the account.

 

Whilst I appreciate that this may not be the outcome you were expecting, I trust that I have addressed all of the concerns that you raised. However, if you remain dissatisfied you may refer the complaint to the Finance and Leasing Association, details of which are listed below. Should you require any further information, please contact me on my number below.

 

Not bad a response time including weekend & allowing post time - 7day turn round. So anyone advise what if any is the next step