GLenn vs GE Capital store cards

[Glenn UK]

HI all

 

I know of at least three store cards I have had which i believe were all with GE, burtons, debenhams and House of Fraser.

 

I sent a SAR requesting data via my SAR, but they only sent stuff from HoF.

 

Reminded them subsequently of their duty to provide data for the debenhams account as i forgot about the burtons card until recently.

 

Funny thing is i reckon they should have revealed the info about the burtons card and the 1st national debt i had too.

 

Anyone else had similar experiences with GE capital?

 

GLenn

[ryjayel]

Hi Glenn

 

I too had a Debenhams card and am just about to send my SAR to them. I'll let you know, but I vaguely remember quite a lot of defaults!

 

Ryjayel

[sarah13]

i'm the same, keep remembering other accounts i had in the past. Isn't it terrible how you forget! A tip to find out everything (creditwise) in your past in to obtain your credit report- i'm now working thru mine!!! On with the fight! x

[ryjayel]

Yeah, I get mine delivered quarterly, its not the creditor I have problem remembering so much as the extortionate amount of charges I have paid them!

 

To that end, a letter to GE sent on the 1st September, I have not received any return communication...I'm tempted to call to make sure they received it and show them I mean business.

[sarah13]

in my opinion you might as well call them- what have you got to lose?

[Glenn UK]

FWIW dont ring and check they have received it.

 

You should always send letters either 1st class and get a sent receipt. Letters sent like this are deemed 'served' two days after postage, or you send recorded in which case you check online.

 

If you ring and they ask if they have received it and they say no you have to start all over again.

 

Oh and they know you mean busness because you told them you did and when the given timeframe runs out you send the next appropriate letter or begin proceedings at court.

 

JMHO

 

Glenn

[sarah13]

what does FWIW mean?

[Glenn UK]

For what its worth (FWIW)

 

HTH (Hope that Helps)

 

Glenn (my name!!!LOL)

[sarah13]

thanks for that!!!!

[talula]

you should send the letters Recorded...

 

FWIW, i didnt have any problems getting my refunds out of GE Capital.

 

A Prelim letter for each account was enough for them to roll over.

 

i was VERY surprised, i must say.

[Glenn UK]

Well its been along time since i posted on this thread but i have been busy trying to get my Data GE money say they havent got it so im going to ask the court, heres my partiocualrs of claim

 

 

1. The Claimant had two credit (store) card accounts xxxxxxxxxxxx, Frasercard and xxxxxxxxxxxxxxxxx, Debenhams Card ("the Accounts") with the Defendant which was open for a number of years.

2. The Claimant wrote to the Defendant and made a Subject Access Request under Section 7 of the Data protection Act 1988 on the 10th August 2006 requesting a complete list of transactions and charges relating to my banking history with the Defendant. The maximum statutory fee of £10.00 was enclosed in the form of a cheque drawn in favour of the Defendant

3. The Defendant supplied partial account data for the period covering various periods. However, the statements are incomplete and the Defendant confirms that the Data is incomplete.

4. Despite supplementary written requests to the Defendant requesting confirmation of the transactions and charges on the whole of the Account history, the defendant has alleged it does not hold data for more than 5 years and refuses to supply the data it holds on the Claimant.

The Claimant contends that :

a. The Defendant holds data relevant to the Claimant which it has failed to provide under Section 7 of the Data protection Act 1988.

b. The defendant has tried to mislead the Claimant by referring to statutory obligations to hold or destroy data which do not preclude the Defendant from holding data the Claimant has requested.

c. The defendant has also repeatedly referred to a request for statements and the Claimant has not asked for statements but transactional information for the history of the account.

Glenn , Claimant

Vs

GE Money, Defendant

In Basildon County Court

Accordingly the Claimant requests that:

i. The Court orders that all data held by the Defendant on a relevant filing system is supplied to the Claimant forthwith; or

ii. Provide a statement setting out the following information:

a)When the account was opened; and

b) If they hold data but I am not entitled to it and if so by what reason, or

c) If they do not hold data and it has been destroyed, when and why it was

destroyed, and

d) The Defendant is to provide a copy of the Corporate policy detailing the destruction of records.

iii. The claimant is awarded his costs for bringing this matter before the courts

 

I used a very similar particualrs of claim for the Co-op and it got me data over nine years old and a statements saying they had no more so icounted that as a win, hoping this does a similar job.

 

Glenn

[redsonja]

Hi Glenn,

I am dealing with a few store cards from GE capital and had letters today for them saying they can only hold data for 5 years etc. The one account only goes from June 01 and I want to get my LBA off (already sent prelim but also asked for remaining statements in that letter) they have said they will credit my acc which I will refuse as Im claiming CCI. Do you know if I can estimate the previous charges (i.e. 1 every month from Jan 01) and put that in my prelim or should I make a complaint first. Just wondered the best way to go about it as I want to crack on with this to get the money back as Im on maternity leave and could do with the money sooner rather than later.

Thanks in advance.

[ElwoodP]

Has anyone else been charged payment protection even after the account has been passed to debt collecters and payment agreed?

 

My daughter has just found out (because she hadn't got any statements from them) that GE Capital via Debenhams and New Look and Miss Selfridge have been charging her payment protection.

 

I have just found on the internet that the FSA have fined GE Capital Bank £610,000 for mal practice with PPI and am considering how best to try to claim from GE - any suggestions?

 

Also does anyone know who a River Island account would have been with - would that be GE too?

[steven4064]

River Island does seem to be GE Money too - http://www.consumeractiongroup.co.uk/forum/store-cards/35606-ge-money-river-island.html

 

Steven

[Glenn UK]

Personally i would issue a claim for non-compliance under sec 7 re failure to provide the data.

 

The statement re the five years is cobblers as far as I can tell.

 

I wouldn't estimate charges or at least not a larger proportion of my claim, in my opinion its likely to end up falling flat on its face in court should it get that far.

 

You have to prepare as if you're going to court anything else could cause you more grief than you want.

 

Re getting your money back sooner rather than later, don't spend it until you've got it, and make sure you don't rely on it turning up soon.

 

My claim against abbey went on since July last year and its not finished yet

 

Glenn

 

Hi Glenn,

I am dealing with a few store cards from GE capital and had letters today for them saying they can only hold data for 5 years etc. The one account only goes from June 01 and I want to get my LBA off (already sent prelim but also asked for remaining statements in that letter) they have said they will credit my acc which I will refuse as Im claiming CCI. Do you know if I can estimate the previous charges (i.e. 1 every month from Jan 01) and put that in my prelim or should I make a complaint first. Just wondered the best way to go about it as I want to crack on with this to get the money back as Im on maternity leave and could do with the money sooner rather than later.

Thanks in advance.

[redsonja]

Thanks for replying Glenn. I was thinking more along the lines of the fact that I have asked them twice and it is clear they dont have them. So even if it went to court, they would still not be able to provide them so then what do we do?. Do you know any requests that have got to court as it would be interesting to see what happened?

 

Surely, if we made estimates it would be up to them to prove they didn't charge us for those periods.

 

I have seen a few threads where they complained to the I C and they only agreed they breached section 6 as they didnt provide it within the time limit.

[Glenn UK]

Thanks for replying Glenn. I was thinking more along the lines of the fact that I have asked them twice and it is clear they dont have them.I dont agree, it means they are telling you they dont have somehting which probalby inst actually what you have asked for. They use clever words but dont actually confrim they have detroyed your data. They may have done so, the Co-op told me they didnt have dat more than six years old and then when faced with a claim produced data over 9 years old. So even if it went to court, they would still not be able to provide them so then what do we do?. Do you know any requests that have got to court as it would be interesting to see what happened?

 

Surely, if we made estimates it would be up to them to prove they didn't charge us for those periods. No it doesnt work like that, youre the claimant you have to prove your claim.

 

I have seen a few threads where they complained to the I C and they only agreed they breached section 6 as they didnt provide it within the time limit.

 

The ICO are a nice bunch of individuals but not much else im afraid.

 

JMHO

 

GLenn

[sallysas]

Now why didn't I think of that? Send off LBA for my 2 accounts with GE Money? Thanks Glen. With my Debenhams account I have a ccj in place. Stupid question (this is me) but claiming my charges back will not have any effect will it? I am assuming when this is paid off I simply pay my £35 to have this ccj reversed/set aside or whatever the legal term is. Need to read more but I am assuming I can claim compounded contractual on store cards. Thanks, Sally

[steven4064]

We claimed compound contractual interest on the charges in out claim against GE Money (Burtons Card). They have actually paid (ie sent a cheque) the charegs but are being a bit difficult about paying up the interest. We filed out N1 in the County Court for the interest last Tuesday - http://www.consumeractiongroup.co.uk/forum/post-559870.html

 

Steven

[redsonja]

Hi Glenn,

 

Just wondered what the update on this was as you were filing to court.

 

I have complained to the ICO and are awaiting their outcome before I decide what to do next.

 

Cheers

[Glenn UK]

Hi Red

 

Well because i have had dealings with GE over my earlier claim, i have been speaking direct to their solicitors, Salans.

 

I have also had a letter form the ICO confirming that they, GE that is, have breached the 3rd and 7th principles and i can claim for damages.

 

I have asked Salans to ask their client to make me an offer of settlement bearing in mind the ICOs view.

 

Ill keep you posted and when i get time ill post the letter from the ICO in a new thread hopefully to encourage others to complain/sue for damages.

[redsonja]

Thanks for the quick response Glenn. So I presume you never filed to court in the end then?

[Glenn UK]

lol not yet, i still have the option if they fail to settle, then i will file for the carges plus non complaince and damages under sec 13 DPA.

 

Glenn

[redsonja]

ok thanks. I dont suppose you know anyone else that has filed to court along these lines do you?

[Glenn UK]

Not yet, i did take the co-op to court for non complaince but not damages they produced my data after that.

 

Glenn