Jump to content


  • Tweets

  • Posts

    • Participants can get £50 - but must permanently consent to the retailer using their personal data.View the full article
    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

So Worried - Ge Money 2 Secured Loans


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5313 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have 2 secured loans with GE Money (IGroup at the time of loans) which I got through Promise Finance as the broker.

 

These loans were taken out in 2002 and 2004 one for £13,000 and one for £15,000

(this one to clear debt from a failed business).

 

I was with my partner when these were taken out but the property is just in my name so he was not named on the loans.

 

I am in arrears with 1 loan paying an extra £100 per month (£264 in total. £164 being the normal monthy payment)

and the payments on the other is £184 per month

 

I have just received a letter telling me that they are taking £215.11 from end of August to include repayment of my fee balance of £3,732.49.

It then goes on to say that should all payments be received these fees will be repaid over the remaining term of my loan.

I have no idea what they are talking about.

 

this is the account in arrears so they will want £315.11 per month from end of August.

It is totally impossible for me to pay that an the £184 as well.

 

I am shortly coming to the end of a repayment arrangement with the Halifax which will enable me to recapitalise the arrears with them

(I am also on a suspended repossession order with them) but even if I give this arrangement amount to GE it still will not be nearly enough.

I have also had a reduction in salary as my guaranteed overtime was stopped due to a downturn in work.

This has cost me about £300 per month.

 

These loans were taken out with Promise Finance as the broker.

I told them that I already had one loan with IGroup/GE but that did not bother them.

 

At no time was I asked by Promise or IGroup/GE to show proof that I could afford both loans.

They were only interested in how much I earned and what my mortgage payment with the Halifax was.

 

I was so focussed on saving the house after the business failing that I would have sold my soul.

 

I will have to pay GE £500 per month from end of August for both loans and with my Halifax mortgage of £600 on top of that I just can't do it.

 

I know that GE will go for repossession if I fail to make the payments.

 

I have written to them to ask if I can extend the loan and make lower payments for 6 months but they will not consider it.

 

They have also told me that I have incurred almost £3,000 in charges over the last 3 years which also need to be paid separate from the loans.

 

If anyone has any ideas on what I can do next I would be most grateful to you all (again).

Link to post
Share on other sites

Not my area really someone else will probably pick up your thread soon. If not in the next 48 hours click on the red triangle bottom left and send an SOS or mail a site team member working similar threads. In the mean time keep reading and using the search feature to find relevant threads.

Link to post
Share on other sites

Hi, NN4,

 

Your best option would be to claim back charges, NOW.

 

You say there could be £3000 worth of charges?

Are these late payment charges, returned direct debit charges or arrears admin charges?

If so you can claim a full refund.

 

Do a SAR to get a full list of charges levied,

add the interest they will have added on,

and send them a LBA.

 

If no response, go on to the court stage.

You will be surprised how mnuch your claim will come to once interest is added!

Moreover, it will also be useful to have a full list of charges as this can be a large part of your defence if they do go for repossession.

 

As for whether the loans were missold,

yes they probably were, but you will probably get nowhere by complaining about this.

You're right that they just want your signature on the loan,

whether you can afford it or not, but once you've received the money,

you've little comeback.

 

BAE :)

Link to post
Share on other sites

Many thanks Blossomandebony. The charges are both late payment and arrears admin charges so tomorrow I will send a SAR and follow through from there. Does this make the account in dispute and if so do I get the same breathing space as I would on an unsecured loan account in dispute?

 

NN4

 

Hi,

 

If you mean can you stop paying, no. The interest and arrears will soon rack up and they will pressurise you even more.

 

If you can pay anything towards the loans, I would, even if it's not the full amount. Contact them and keep them updated about your situation - about the amount you can pay, if they'll accept a reduced amount for a period, etc. (though from what you say, they sound quite uncooperative). Ultimately, it will show you are behaving reasonably - how they behave is a different matter!

 

Finally, I wouldn't consider any more incresing of the loans no matter how tempting it seems - I've been there, done that and it just increased the mess I was in! You're obviously up to the limit you can afford so any furtther lending would just put you into a bigger hole. The way I'm tackling my debts at the moment is by looking at ways to increase my income rather than take on any more lending. From claiming back unlawful charges, challenging dodgy CCAs, car boot sales to a second job, there are opportunities out there to make a bit extra and keep your head above water, just about!! (my head's been in danger of sinking below since 2005 but I'm still here!).

 

Cheers,

 

BAE

Edited by Blossomandebony
Link to post
Share on other sites

Ok thanks again. What I meant by asking if the account would be classed as in dispute is can they start legal proceedings whilst I am trying to get the charges back and negotiate a more affordable payment plan while making a payment I can afford for the time being?

 

NN4

Link to post
Share on other sites

  • 4 weeks later...

Next week I am in court for a repossession hearing brought by GE Money.

 

The arrears are £1,000.

 

I have sent GE a SAR request but have not yet had a response and I have also written to them asking them

to qualify/justify a £40 monthly charge for administering my account whilst it is in arrears.

 

I intend to defend the repossession to the best of my ability.

 

I have written to GE with a proposal but again, am waiting to hear back.

 

Also, I am thinking of getting my loan audited as there is a broker commission on the agreement, but if I remembers rightly,

GE was the only company that the broker put forward so am wondering if there may be a secret commission in there somewhere.

 

I am wondering if I should mention any of this to the Judge when I attend court?

 

Opinions would be gratefully received.

 

Regards

NN4

Link to post
Share on other sites

Next week I am in court for a repossession hearing brought by GE Money. The arrears are £1,000. I have sent GE a SAR request but have not yet had a response and I have also written to them asking them to qualify/justify a £40 monthly charge for administering my account whilst it is in arrears. I intend to defend the repossession to the best of my ability. I have written to GE with a proposal but again, am waiting to hear back. Also, I am thinking of getting my loan audited as there is a broker commission on the agreement, but if I remembers rightly, GE was the only company that the broker put forward so am wondering if there may be a secret commission in there somewhere. I am wondering if I should mention any of this to the Judge when I attend court? Opinions would be gratefully received.

 

Regards

NN4

Link to post
Share on other sites

When is the SAR due?

 

Is this a mortgage loan?

Link to post
Share on other sites

When is the SAR due?

 

Is this a mortgage loan?

Link to post
Share on other sites

Hi, have you filled in the N11M defence form and sent it to the court?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi, have you filled in the N11M defence form and sent it to the court?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi Ell-enn

 

It is a secured loan. I am going to reply to the court today. I only received the papers yesterday as I've been staying with a relative for the last couple of weeks.

 

I sent the SAR and the letter to GE last Tuesday.

Link to post
Share on other sites

Hi Ell-enn

 

It is a secured loan. I am going to reply to the court today. I only received the papers yesterday as I've been staying with a relative for the last couple of weeks.

 

I sent the SAR and the letter to GE last Tuesday.

Link to post
Share on other sites

OK, Q.27 of the form is the most important part, where you set out your defence statment. If you need help with structuring the statement please let me know.

 

If you can't take the forms in person then you should send by special delivery. You will also need a copy for yourself to take to the hearing.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

OK, Q.27 of the form is the most important part, where you set out your defence statment. If you need help with structuring the statement please let me know.

 

If you can't take the forms in person then you should send by special delivery. You will also need a copy for yourself to take to the hearing.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

OK, I will be on line later this evening if that's OK? When is the hearing?

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

OK, I will be on line later this evening if that's OK? When is the hearing?

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi - need some info before I can draft a statement for you:

 

Is the mortgage in joint names?

How many months arrears does the £1k figure represent?

What payment proposal have you made to GE? did you put it in writing and do you have copy?

Do you have any children?

What was the reason for the arrears?

 

Have you completed any of the N11M yet? i.e. financial data etc

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi - need some info before I can draft a statement for you:

 

Is the mortgage in joint names?

How many months arrears does the £1k figure represent?

What payment proposal have you made to GE? did you put it in writing and do you have copy?

Do you have any children?

What was the reason for the arrears?

 

Have you completed any of the N11M yet? i.e. financial data etc

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...