Pumpy tums Vs Ge Money

[pumpytums]

Hi everyone,

please see my Capital One thread for the background on my financial mess.

 

My debt with GE (CC) was sold on to a DCA in August,

but for some reason my credit file does not show a registered default

and come to think about it I don't remember getting a default notice or termination notice.

 

 

The last movement on my credit file for the account was over 4 months ago.

 

 

I have CCA'ed the DCA and received what looks like a valid CCA I will post in a few days.

 

The DCA has now given me 14 days to supply I & E details the cheeky BUGG*RS want copies of my payslips

and bank statement's which of course they are not going to get.

 

 

I have only approx £60 free for all my creditors and the GE one is probably the smallest probably 10% of the total.

 

I have sent a SAR a few weeks ago and still had no response directly from GE.

 

Should I just contact the DCA with my £6 offer and make them aware that the account contains illegal charges or wait to see if a DN and TN were actually issued?

 

Pumpytums

[Guest Old_andrew2018]

Why offer anything at all

[pumpytums]

Good point Andrew. I have no equity in home so Charging order would be pointless and very little free cash.

 

Ok can I have some comments on my CCA please?

 

http://i227.photobucket.com/albums/dd74/pumpytums/ge.jpg

 

I can see a few flaws :-

 

1. there are a few references to "see condition 6.xx" where are these?

 

2. In the paragraph between the signature boxes it clearly states "Use of personal information" in the terms and conditions enclosed and overleaf. I have not been supplied with these and certainly not the other side of the document. So minimum that have not fulfilled my CCA so the account is in dispute (it has been sold on)

 

3. APR's are listed but no monthly interest rates nothing about additional costs for cash withdrawals etc.

 

Is this agreement enforceable its from 2006?

 

 

Pumpytums

[silverfox1961]

Hi

I think this agreement could be enforceable.

It does have the:

APR

Repayment terms and

A statement saying a credit limit will be set

 

It also does say how much for cash withdrawals.

(15.717% for cash transactions)

 

The fact they haven't included a fuller set of T's&C's, I don't think would matter if it got to court because the key terms are there.

 

fox

[pumpytums]

Thanks silver,

I actually thought it might be, the overleaf bit was a grain of hope. Do you thing that the CCA has been fulfilled though?

 

I'm still waiting for my SAR so I will be claiming charges I may be able to come to a F&F with DCA using those. What the general selling price for debts? 10%

 

I will put my monthly offer in writing and hint at a final offer. Probably worth me giving them a rough I&E they can go whistle though for my statements/payslips.

 

 

Pumpytums

[silverfox1961]

I think they haven't fully complied by not sending the full terms and conditions but that's all.

 

They tend to sell the debts for anywhere between 10 and 50%(or even higher) depending on how new the debt is.

 

It's up to you whether you include I&E as they don't have any legal right to it although it does look like you are willing to assist.

[vint1954]

Did you receive a default notice for this account?

 

If so, can you post or advise of the dates within the notice.

 

Vint

[pumpytums]

I don't remember ever having a DN from ge my SAR is up shortly nothing has arrived to date. The account has been sold, and they have sent letter saying they are going after a CO nice of them to tell me. Am I right in thinking a CO cannot be taken out to a CCJ is broken ie missed payment on one.

 

The account still doesn't show up on the cra's as defaulted it has charges and is less than 10% of my total debt, my home has no equity either. A few facts I bet they are blissfully unaware.

 

Whats my best tact the DCA hasn't fully fulfilled my CCa in my opinion as no full T&C and no reverse of CCA?

 

 

Any advice will be gratefully taken.

 

 

Pumpytums

Edited December 11, 2009 by pumpytums

[vint1954]

I don't remember ever having a DN from ge my SAR is up shortly nothing has arrived to date. The account has been sold to link, and they have sent letter saying they are going after a CO nice of them to tell me. Am I right in thinking a CO cannot be taken out to a CCJ is broken ie missed payment on one.

 

Yes, unless the Judge issues a forthwith judgement.

 

The account still doesn't show up on the cra's as defaulted it has charges and is less than 10% of my total debt, my home has no equity either. A few facts I bet they are blissfully unaware.

 

Whats my best tact the DCA hasn't fully fulfilled my CCa in my opinion as no full T&C and no reverse of CCA?

 

 

Any advice will be gratefully taken.

 

 

Pumpytums

Vint

[pumpytums]

Hi everyone,

can someone point me in the direction of how I take legal proceedings against Santander/Ge Money. They have failed to comply with my SAR, and they have not responded at all to my letter before action.

The DCA make me laugh I wrote to them telling them that they had not fully complied with my CCA request. They wrote back saying that in their opinion they had as they had sent all the documents they possessed. They still haven't sent me all the documents refered to in agreement they sent, which I believe means they haven't complied.

 

I'm very curious about this account its the lowest one I have and it was sold without a DN being issued, assignment or termination. I have a feeling that the data for the account may be lost in some way. I believe the transition to Santander from Gemoney has caused some problems.

 

My credit file is still clear of defaults on this account. If it was taken to court would they have to produce assignment and default notices?

 

Any help will be appreciated.

 

Pumpytums

Edited December 11, 2009 by pumpytums

[vint1954]

Hi everyone,

can someone point me in the direction of how I take legal proceedings against Santander/Ge Money. They have failed to comply with my SAR, and they have not responded at all to my letter before action.

 

ICO

 

Link have to make me laugh I wrote to them telling them that they had not fully complied with my CCA request. They wrote back saying that in their opinion they had as they had sent all the documents they possessed. They still haven't sent me all the documents refered to in agreement they sent, which I believe means they haven't complied.

 

They must send you all of the documents required. If they have sent all that they have, then they cannot comply further.

The next step is CPR 31.16.

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html?highlight=cpr+31.16

 

I'm very curious about this account its the lowest one I have and it was sold without a DN being issued, assignment or termination. I have a feeling that the data for the account may be lost in some way. I believe the transition to Santander from Gemoney has caused some problems.

 

They can sell it on after advising you, to a company that can offer the same running credit terms as they do. Did GE offer you a credit card? Doubt it. In that case they need to issue you with a DN and termination notice in order to demand the ballance in full or sell. Press for the SAR.

 

My credit file is still clear of defaults on this account. If it was taken to court would they have to produce assignment and default notices?

 

Yes

 

Any help will be appreciated.

 

Pumpytums

Vint

[pumpytums]

Thanks again Vint,

your advice as always is golden.

 

Cheers

 

Pumpytums