GE Woodchester Car Finance loan to Link Outsourcing

[beachcomber60]

I would suggest you put together all the information you DO have and make a formal complaint to the Financial Ombudsman and ask for their assistance. You can say GE Woodchester are being obstructive over the ppi issue and can they help please.

 

You could if you wish telephone them first and ask where you stand.

 

If you opt for the complaint to the FOS then let GE Woodchester know that you ahve done and say you will advise the FOS ref number as soon as you have it.

 

Thanks CB,

 

Everytime I mention FOS they state that I cannot use this line of complaint as they were not regulated at the time of the agreement, THEY say I am only able to use FLA to which they are members.

 

The letter they say that they sent giving me 14 days to respond if they were to investigate couldnt have been sent as stated, I posted letter 28th Jan, allowing 2 days for delivery + another 2 days being a weekend means that they had just two days to process & turn out that letter and 'alledgedly' post the reply.

[beachcomber60]

.

[beachcomber60]

[beachcomber60]

Oh Wise ones - bump for post #133

 

We got this far, dont desert me now

[beachcomber60]

Oh Wise ones - bump for post #133

 

We got this far, dont desert me now

 

 

Oh Wiser ones where are you all ?

[militantconsumer]

Hi beachy,

 

I think people who have helped you are still around, but perhaps can't quite face reading the 140 posts on your thread.

 

Personally I have been trying to help a few different people and can't quite remember all the details of your case.

 

Did they ever produce a CCA signed by you?

 

Didn't we say that there are some unenforceability issues that PT raised?

 

It cannot do you any harm to complain to the FLA and would probably buy some time as well. Who knows, they might even find in your favour!

 

Nobody is ever going to be more informed about your own case than yourself and so you will ultimately have to make a decision whether you are confident enough to stop paying and face the inevitable phone calls, possible home visits, and possible legal action.

 

All of which is defendable if your case is challengeable, and if you have the stomach for it.

[beachcomber60]

Consider myself told off ! ! !

 

I was only looking for moral support, inview of GE digging their heels in even to the point of stating that they had replied to my last letter giving me 7 days in which to challenge them - although the timescales involved proves that their letter was not sent!

 

Yes my cca is posted on this thread, yes PT has said its flawed, but since then I seem to have been deserted HENCE posting for advice to throw back at GE.

 

Yes I have stopped payments, yes I can handle the phone calls, yes I am prepared to go the distance even if it means court!

 

I have already stated my concerns over going to the FLA (think this is confirmed by GE desire to push me in that direction).

 

As I said all I was after was a bit of moral support, all this is completely new to me, told what was wrong with the agreement then nothing.

 

Perhaps I should employ the services of a consumer solicitor to sort it out.

 

I just afraid of saying the wrong thing & screwing everything up.

 

Thanks for your input, sorry its 140 odd posts !

[pt2537]

sorry beachy,

 

Im very busy hence why i havent had the chance to look in on your thread, may be worth giving steven4064 a shout , he may be able to help as im away for a while

[militantconsumer]

Consider myself told off ! ! !

 

.....

 

As I said all I was after was a bit of moral support, all this is completely new to me, told what was wrong with the agreement then nothing.

 

.....

 

I just afraid of saying the wrong thing & screwing everything up.

 

Thanks for your input, sorry its 140 odd posts !

 

Sorry beachy, I didn't mean it like that. Reading back on my post, I guess it wasn't that helpful to you, especially if you are looking for moral support.

 

It is a very difficult point for many people when you stop paying and the creditor starts trying to raise the stakes and threatening you with all sorts of things.

 

It is useful to be able to come on here and get reassurance.

 

One thread that people seem to find helpful is this one:

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

It makes you realise that even the worst that they can do to you isn't that bad.

 

In the meantime for your case, if you are prepared to fight them, and you are confident that your understand the arguments put forward by PT, then I would say definitely stay determined and think carefully before taking on a solicitor, as this could cost you a lot of money, with no greater guarantee of success.

[beachcomber60]

sorry beachy,

 

Im very busy hence why i havent had the chance to look in on your thread, may be worth giving steven4064 a shout , he may be able to help as im away for a while

 

Thanks PT,

 

I do understand that you are extremly busy & I do value your help and assistance (even though I dont fully understand the legal stuff).

 

My biggest problem with GE is that I just cant penatrate their customer service bods.

 

Will contact Steven as suggested.

 

Regards

 

Beachy

[beachcomber60]

Sorry beachy, I didn't mean it like that. Reading back on my post, I guess it wasn't that helpful to you, especially if you are looking for moral support.

 

It is a very difficult point for many people when you stop paying and the creditor starts trying to raise the stakes and threatening you with all sorts of things.

 

It is useful to be able to come on here and get reassurance.

 

One thread that people seem to find helpful is this one:

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

It makes you realise that even the worst that they can do to you isn't that bad.

 

In the meantime for your case, if you are prepared to fight them, and you are confident that your understand the arguments put forward by PT, then I would say definitely stay determined and think carefully before taking on a solicitor, as this could cost you a lot of money, with no greater guarantee of success.

 

Hi MC,

 

No problem - although I have to admit the red mist decended whilst reading your post.

 

I was extremely disappointed with GE letter stating that they wrote to me in Feb (I know dam well they didnt - their date on the copy of the letter does not tally with my letter - 5 day turn around including post days + two of those were a weekend, still I suppose its another tactic in pressure & confusion they use.

 

Once again no problem

 

Beachy

[citizenB]

Beachy, sorry I have been away for a few days on family business:(

 

Did you speak to the helpline at the Financial Ombudsman. As someone recently pointed out they are probably less use than a chocolate fireguard, however they do sometimes give useful advice.

 

Another route could possibly be to speak to the Information Commissioner's office. If GE are refusing you information then that is something they will deal with.

 

Sorry, who are the FLA ??

[beachcomber60]

Hi CB,

 

Sorry couldnt reply sooner, mother-in-law rushed into hospital suspected heart attack (in her 80's), thankfully she's OK.

 

No not had the opportunity to speak to FOS & IMO yet.

 

FLA is the Finance & Leasing Association to which GE Woodchester are members.

 

missed two calls from the lewis group this morning - possibly GE have gone ahead and employed DCA over this.

 

Beachy

[citizenB]

Sorry to hear about your MiL, must have been a bit scary at the time. I am pleased to hear she is ok

[steven4064]

beachy

 

remind us what you are trying to achieve here. The flawed CCA gives you some leverage - how do you want/intend to use it?

[beachcomber60]

Thanks for the PM Steven.

 

This started initially as a ppi reclaim, as I was self employed at the time and that the loan would stand a better chance of approval if I bought the ppi.

 

PT has found that the agreement has flaws within it, GE state that its fully enforceable and that the ppi could not have been added into the agreement as it was a monthly charge - however checking the statement paperwork again this week I noticed that the PPI element WAS added to the loan upfront (not shown on the agreement but shows in their statement as amount advanced, opening balance (just over £16k ).

 

My 'goal' is that the account is closed with a zero balance and any adverse markers removed from the CRA's and forget about the ppi issue.

 

Beachy

[steven4064]

Probably then you should write to them explaining in detail the flaws in the agreement and stating what you want. Treat it like a prelim.

 

Personally, I would leave the reclaim of PPI in as you could then use that as a basis of a court claim - it would be diffficult on the other bit, IMO

[beachcomber60]

"Personally, I would leave the reclaim of PPI in as you could then use that as a basis of a court claim - it would be diffficult on the other bit, IMO"

 

Thanks Steven, not quite sure what you meant by the above.

 

Loan taken out Dec 2004 just before they became regulated.

 

It has been pointed out to them the flaws in the agreement, their responses are posts #78 & #100.

 

Agreement is in post #44 & #46

 

PT's findings is post #52

 

PT's letter that I sent post #62

 

Thanks again

Beachy

[steven4064]

What I meant was that, if you take them to court, you need a reason for the claim. Not having a valid agreement is difficult - you wouldhave to go fro a ruling under s142. Recalaiming PPI is much easier IMHO

[beachcomber60]

Okey dokey - with you now.

 

Phew - for one minute I thought you meant there wasnt a problem with the agreement

 

Beachy

[Eve22]

Any new info from any of your guys claims?

 

I'm just at this stage with GE myself.

[beachcomber60]

things are very quiet at the moment.

 

One GE agreement I've been told is improperly executed so as far as I'm concerned is dead, should they decide to go to court then it's a complete counterclaim from me.

 

Awaiting full sar on GE/Debenhams - also CL Finance claim to own the debt but have failed to provide cca so that ones now in dispute.

 

Beachy

[beachcomber60]

After several months of silence & no payments being made, I have just received an I&E review sheet to complete and return, also thanks me for payments up to date ? ? ? there hasnt been any.

 

Failure to provide the information necessary to review my financial situation may result in pro rata agreement being withdrawn (stopped months ago following PT's findings) and full enforcement being impliemented.

 

No phone calls, no letters until now.

 

Any advice peeps/pt

[beachcomber60]

Could do with some help on this one now.

 

About 10 days ago I received a letter stating that GE has been sold to Santander banco and will be trading as Santander Consumer Finance UK.

 

Today I received a very stroppy letter from Santander stating that if I dont pay the arrears within 7 days the debt will be sold to a specialist debt collection company and the debt enforced by legal action.

 

As the agreement is improperly executed, in dispute over this and mis sold ppi plus I now learn that they are adding arrears fees to the account what is the best step to take over this.

 

PT if your around mate.

 

Beachy

[steven4064]

Today I received a very stroppy letter from Santander stating that if I dont pay the arrears within 7 days the debt will be sold to a specialist debt collection company and the debt enforced by legal action.

Were do you start?

 

1. THey cannot sell the debt to anyone without sending you a proper defulat notice

 

2. they cannot start legal action without sending you a proper default notice

 

3. the default notice has to give you 14 clear days to pay te arrears

 

4. All the other theings wrong that yuo list in your post

 

Hasta la vista Santanda