Link claimform - First National GEHL double glazing loan **WON - WRITTEN OFF BY GE**

[beachcomber60]

Thanks for the reply 42man,

 

Agreement is dated November 2004

 

Well I sent off my cca request & received their response today. It isn't worth scanning & posting it to my thread as it is virtually unreadable, its a very poor copy of a fax, apart from the hand writing of the salesman the actual agreement & T&C's are impossible to read.

 

In their covering letter they have asked for our telephone number so they can stay in touch with their customers ( think I was born yesterday ! !:grin:)

 

Beachy

 

Having received a cca is there a specific letter to send them disputing the account due to cca being TOTALLY unreadable (it appears to be a faxed copy).

 

beachcomber60 said:

Having received a cca is there a specific letter to send them disputing the account due to cca being TOTALLY unreadable (it appears to be a faxed copy).

 

[enamae]

You could try amending this to suit.

 

 

Here

 

 

enamae

[beachcomber60]

So OK, after you've stopped laughing - is this enforceable?

 

The actual agreement is the same quality - if I blanked out my personal details there would be nothing readable at all.

 

12 +2 days are up on Wednesday, should I wait until after that day so that it falls into dispute?

 

 

 

Thanks muchly

 

Beachy

[42man]

I'd say that it is illegible.....no signature of yours anywhere ?

[42man]

Have you considered going down the CPR31.16 route Beachy ? - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[beachcomber60]

Hi 42man,

 

What I posted up was the T&C's, the actual cca they sent is far far worse than the t&c's - the only readable parts is name address & loan amount interest, ppi (grrr! Added to loan - even though I was self employed) & our signatures.

 

Have asked for the cca as part of the SAR.

 

Think its a multi part agreement as PT has described elsewhere, so would like to think its improperly executed ( if I could only understand it.

 

Beachy

[beachcomber60]

Following a dispute letter I have now received a better copy of the agreement if someone more knowledgeable could check it out for me & OH.

 

Also received is our SAR, lots of stuff missing ie letters I've sent them & ones that they have sent us.

 

Also by the same post was a Default Notice (will scan up later if needed), what is very very worrying is that just before we ran into problems we got it down to £6k now its up to £8k and growing so all sorts of charges & additional interest is being added daily, also the T&C's states that they will continue to add interest even if the get a CCJ against us.

 

Looking for anything that can be used to dispute it further or render it unenforceable.

 

This could be the 'straw that breaks the camels back'.

 

 

 

 

 

 

And T&C's

 

[IdaInFife]

can you post up the DN as well

 

ida x

[beachcomber60]

Thank you Ida,

 

DN as below, is printed on two Pages, the first page was printed the the reverse of one of their letterheads.

 

Delivered by second class post,

 

Regards

 

Beachy

 

 

 

 

[IdaInFife]

The agreement and the DN looks ok to me, can't see anything wrong and the DN has the right dates and format. As above it clearly states that 1st applicant was self employed would have a claim for the PPI.

 

Ida x

[beachcomber60]

Thanks Ida,

I was afraid of that

 

When you say 1st applicant ppi you mean mis selling, not only that but we were put under immence pressure by the salesman to take ppi and made a point of stating that both applicants would be covered (which we now know was very wrong).

 

The other thing that is very worring is that they dont state what charges they can add to the account, other then what they like when they like (even with a ccj) they have already charged each of us for not telling them we had moved, we did, along with a letter informing them of our financial problems, but never acknowledged (this was preCAG membership & never know the importance of recorded delivery).

 

OH is worried that the debt is growing at an alarming rate & they'll try & take our house.

 

 

Beachy

[IdaInFife]

you have a clear case of PPI missell. certainly any charges i.e the address could be tried to reclaim back (not to up on reclaims as mines was paid out relativley easy). remeber as well I beleive you can claim the interst on the PPI as well.

 

Ida x

[IdaInFife]

I've asked for someone to have a wandeer in to check to see if I have maybe missed something

 

 

Idax

[cerberusalert]

I'm afraid the CCA & the DN looks o.k so you'll have to concentrate now on reclaiming the PPI. They said that they weren't regulated at the time, if that was the case they had no right selling PPI anyway.

 

If they carry on refusing to repay it + interest it would be worth complaining to the Trading Standards & the OFT & sending GE a LBA (letter before action).

[beachcomber60]

Ida , Cerberusalert,

 

Many thanks for your help, looks like I've got a major battle on my hands with the ppi.

 

They seem to have covered their tracks pretty good as to what charges they added, I assume that if I can find out exactly what chargrs & fees they added it can be reclaimed?

 

Beachy

[cerberusalert]

A SAR will throw up all the copies of your statements which should itemise everything.

[roofovermyhead]

I'm not sure if this is any help.(I'm a newbie). I telphoned GE Money to request back statements, and within a week they had sent all my statements free of charge,( three copies arrived for some reason) clearly showing PPI element of loan. PPI was all rolled into the loan over five years, but the breakdown clearly showed the loan and PPI element seperately. Might be worth a try.

[beachcomber60]

Urgent help with this lot, they seem to have a licence to print money! !

 

Just to recap, leaving the ppi issue aside, we wrote to them almost two years ago with our change of address, got no response then June '08 plunged into financial difficulties following the company OH worked for full time & I under a sub contractor, went into receivership - we lost a huge amount of money.

 

we wrote to all our creditors, although some helped and others proved to be a pain in the backside, this creditor failed to acknowledge our letter & NDL budget planner also.

 

We couldn't keep up the payments so in order to stop the bank bouncing the DD and charging us £35 a throw we cancelled the DD, all the time not hearing a dickie bird from GE.

 

All of a sudden they appeared a few months ago writing to inform us that they had 'employed' lowells to 'trace us' and that they had 'fined' each of us £50 for not telling them we had moved and that interest would be added to that charge until such time it is paid, the agreement is in joint names.

 

I sent of a letter of complaint regarding correspondence that they had ignored, they responded with a default notice to each of us.

 

Today we have received two letters each 1) as we have not paid the arrears within the default notice timescale we have 7 days before the whole balance will become due on demand and a fee of £25 (each)for 'preparation & service' which has been added to the account. Letter 2) was inform us that a default fee of £60 (each) has been levied to the account.

 

So that has added up to £270 which has been added to the account.

 

I have SAR which did not contain all the information which was requested, I have sent a letter of non compliance and seperately copies of the letters relating to our move & job loss + complaint regarding misselling PPI which they have ignored.

 

When we lost our jobs the balance was just over £5k, its is now close to £9k - surely this is not right?

 

This combined with my other major problem is seriously damaging our health.

 

We just dont know what to do as they are demanding £2,100 within seven days or if we fail they want the full balance.

[cerberusalert]

So they've sent you another default notice? If so can you post it up.

[beachcomber60]

So they've sent you another default notice? If so can you post it up.

 

 

Sorry, Son in law borrowed scanner, just got it back

 

 

And seconde letter received same day :-

 

 

At a complete loss as to which way to turn with them, They have totally ignored our letters and seem to be adding charges & fees at will and twice due to it being a joint agreement.

 

I have also launched a PPI complaint, we were told a complete pack of lies by the salesman, this complaint has also fallen on deaf ears.

 

Beachy

[cerberusalert]

I thought they'd issued a second defafult notice, I'll have to look into it.

Edited August 30, 2009 by cerberusalert

[beachcomber60]

Well that's extremely nice of them.....they've issued you with a defective default notice. The statutary requirement is that they must allow you 14 days from date of service to remedy the default. As soon as they terminate your a/c and demand full payment they will have unlawfully rescinded the agreement & will only be able to claim the arrears not the full balance.

 

Keep that notice safe with its envelope & do not let on to GE.

 

 

Thanks for your quick reply, the DN is in post #16, can I ask, so I can understand things better, how is it defective?

[cerberusalert]

I've asked someone else to look at this because after reading it again i'm not sure whether it can be construed as a second default notice. If it can then the statement you've quoted will stand.

[beachcomber60]

Thanks, the other thing I was looking at is whether this is considered a multi agreement due to the way PPI has been added into the agreement.

[beachcomber60]

Still looking for a line of attack, playing round with figures yesterday there variable APR seems to be 84.9% which explains why the debt has doubled in 12 months.

 

Can we claim back:-

 

default charges £60

Service fee £25

Tracing fee £50 (even tho we wrote with a change of address - their not happy that we wont give them our new tele number.)

 

Each time they make a charge/penalty its doulbe the above as its in joint names.

 

They still do not reply to any letters (started Oct. '07).