GE money vs me!

[worriednanxious]

Sent the credit agreement request to GE money and received no response so sent account in dispute letter. I then a few days later received all of the attached.

 

Can anybody advise if this agreement is enforceable? I think possibly not because of the PPI being included in the main amount. I have tried to reclaim the PPI due to mis-selling but they have basically said they didn't sell it, so that matter is now with the ombudsman.

 

It appears that they have sent this debt on but I have received no notice of assignment and I am only aware of this because of the letter sent with the agreement. Any advice would be gratefully appreciated.

 

Conditions.pdf

 

First letter.doc

 

New letter.doc

[herbie171]

You also need to post the agreement not just the terms and conditions

Sorry I see that you have posted the agreement but what is that supplement part that they have sent you?

 

I am looking for advice with the same lender

 

http://www.consumeractiongroup.co.uk/forum/general/213646-first-national-bank.html

Edited August 10, 2009 by herbie171

[worriednanxious]

Agreements look the same - did you get anywhere with PPI reclaim? Or have you not tried. Glad its not just me.

 

With regards to the supplement I think I phoned them for a settlement figure in 2006 as I had a lump sum coming from redundancy - they offered to lower the APR we were paying and thus the monthly amount. Obvoiusly this was accepted hence the updated agreement.

[herbie171]

Not tried anything yet, just posted the agreement to see if the clever ones on the site can find fault with it so I can challenge them

[worriednanxious]

Ok I have been checking this out and don't think it can be enforceable for the following reasons:

 

1/ Total interest amount is not detailed (although it does state this may vary!)

2/ the loan and PPI are not listed as seperate items.

 

There may be other things as well but I'd be grateful if somebody can confirm the above first. I have tried to reclaim the PPI due to mis-selling but GE are denying responsibilty although their name is all over the certificate!

[worriednanxious]

Hi was wondering if anybody had a chance to look at the agreements yet as it appears the debt has been sold on and have received a court order today from another company who I have never heard of before. Obviously if the agreement is unenforcable this could form part of my defence. The other part being the badly sold PPI.

 

Thanks for any advice

[herbie171]

Hi worriednanxious

Take a look here

 

http://www.consumeractiongroup.co.uk/forum/general/213646-first-national-bank.html

[worriednanxious]

Well that's not great news, does anybody know of any other causes of action I have. The POC details on the claim are:

 

The defendant is indebted to the claimant under ther terms of a credit agreeement dated 16/10/01 and assigned to the claimant. The agreement is regulated by the CCA 1974. The agreement provided that interest would be payable before and after a judgment. The right to proceed for subsequent interest is reserved. Default occurred in payment and the loan was called in under S.87.

 

I have never received a default notice or termination notice or any notice that this amount was sent to Link Financial (The Claimant). Futhermore it appears the amount they are claiming may include charges, the final statement I have obtained from the original company was for £2064 and included notice fees of £20 and £30. This claim is for £2166!

 

So does any of this appear to be a problem. What should I do first? Any advice would be gratefully received. Thankyou

[worriednanxious]

Have just noticed that the POC is incorrect, its says an agreement dated 16/10 but we signed on the 15/10 does this help at all. Have also just got other paperwork from my ex (it was sent to him but he didn't pass it on!!) still no notice of assignment or anything that appears to be a DN or termination notice, I will try and post these up on Monday.

 

Any help or direction greatfully received.

 

Thanks

[The_Grumlin]

The POC is standard for most Link claims i.e. vauge, the date is not an issue as it can be amended if incorrect (it will be the date the alleged agrement was executed).

 

I think the new letter is the most telling it doesn't explicitly say they have sold your account, only that Link are their collection agency - probably why you haven't got a notice of assignment (at the moment).

 

Have you acknowledge the cliam yet?

 

Link will added their own fee's typically 75 for the N1 and some times 120 or 160 (fees) they say for legal costs.

[worriednanxious]

Haven't acknowledged yet - although investigating further it appears the company may have changed several times and we were not informed at all. We originally signed with First National, then GE were after money and now Link Financial. The order has come with Link financial as the claimants and there is no account number details so as far as I'm concerned I never had an agreement with Link Financial! Can this be a defence? Should I send a CPR request again? I sent one to First National and they provided a statement and copy of the agreement but nothing else -as the account was in default at the time surely they should have sent copies of the DN etc as well?

 

Also read somewhere that they can't include any late charges etc in the N1, this case obviously has so where do I stand there?

 

Thanks for help and advice, getting to grips with most of this but each case is different. I'm hoping to only have the two old joint agreements, I'm just about managing to afford my own stuff!!

[The_Grumlin]

You need to acknowledge the claim asap, then we can start working from there. A holding defence should be drafted up (many on here to pick from - look at the various Link threads) as Link will and do respond way past all dates set for their response.

 

Basics CPR off to Link

SAR GE by all means, this will establish what was handed over to Link and when, if there are DN and TN produced by GE.

 

If you are going to start writing letters to Link, I would advise not going in to specifics if you can help it. That is why show your hand now, when you can use it later to get the case struck out?

 

At the moment if you have never received a Notice of Assignment then you stance is Link have no right to take action in their own name, you have never been sent a DN and the account has never been terminated by a TN.

 

The FNB was deregulated to a compay the that company changed names and all home improvement loans were assigned to the Consumer Credit arm of GE Money. All of which are owned and funded by GE Money/GE Bank.

 

You would have possibly got a letter in September/October 2005 in regards the changes and assignment within the GE group.

 

Once you get some paperwork off Link then it can picked apart and a proper defence established.

[worriednanxious]

Ok Grumlin thanks, will acknowledge service today and get subject access and CPR requests to link and GE. I did think about CPR to Link but didn't know if this would be different from GE so I was on the right track just needed confidence - guess that comes with experiance eh. I will post up anything that is received back so we can pull it apart - looking at the other threads on here Link are not too good at this, just hope they are not learning!!!

[The_Grumlin]

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Read the above thread and send the CPR request to LINK, only the SAR should go to GE. GE are out of the picture in respects to the court claim so no need to CPR them.

[worriednanxious]

To keep you updated I sent both requests off and the only response so far is from Link saying they are requesting the documents from the other side and are placing the account on hold until they are received. As my name has changed (due to marriage) since this was taken out they have asked for a copy of the marriage certificate so they can update the records - should I send this?

 

Should I also seek a holding defence and post that anyway (can be done on-line) so I will need to find a short version.

 

Thanks for the help

[The_Grumlin]

First thing, you have to file your hold defense (get one off here now and amend as required). Do it now. If you need help there are many on here to take your pick from.

 

Secondly, if Link have asked for some proof they can take a running jump. They have issued court action against you, they know very well who you are as you have responded to that action.

 

Thirdly there is no hold as it is subject to court procedings, they are looking to get a default judgement by you doing nothing. Do not take any thing that they tell you to be true or correct. Act now before it is too late and you have a default judgement landing through your letterbox otherwise.

Edited September 10, 2009 by The_Grumlin
spelling

[worriednanxious]

Grumlin thanks for the advice, I will be putting in a holding defence today. It will be interesting to see what they come up with - if anything!!

[worriednanxious]

I have been looking at the defence for this case and would appreciate any input. The POC's of the claim are:

 

The defendant are indebted to the claimant (CL Finance) under the terms of a credit agreement dated xx/xx/xx and assigned to the claiment. The agreement is regulated by the conusmer credit act 1974. The agreement provided that interest would be payable before and after a Judgment. The right to preceed for subsequent interest is reserved. Default occurred on payment and the loan ws called in under S.87.

 

 

I was going to post the following defence:

 

I, xxxxxxxx of xxxxxxxx make this statement as my defence to the claim brought by Link Financial LTD

• The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
  
• No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim
  
• Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit
  
• Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
  

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed …………………

 

Should I include anything futher or just wait and see what they come up with. Need to enter the defence early next week so advice would be appreciated.

 

Thanks

[worriednanxious]

Just an update, nothing from the court yet I presume they haven't entered a response yet. Link did respond to me though with a copy of the agreement and a notice of assignment (should the NOA not come from GE money) they are still waiting for Default notices etc from GE money.

 

They have offered to freeze interest on the account and allow us to repay in instalments over about 3 years - is this worth considering (I can't really afford it) or are they just trying to get some money? Should I just wait and see if anything happens with the court?

 

Thanks for the advice

[worriednanxious]

Can anybody advise is the NoA being from Link ok - should there be one from GE Money? Is there any details on what it should actually contain? Also any ideas on the agreement not being ok because loan amount and PPI amount being listed together?

 

Haven't received any further information regarding default notices etc just a "Tomlin Order" which they want returned ASAP, I don't really want to sign it if it is likely we can get it overturned?

 

Grateful for your help