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Yellowhat

Weird GE Money default

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Hi,

 

I've received a default notice from GE Money stating that "the Borrower failed to make monthly payments each of £355.42 due each month for three months from 01/05/2010 to 01/07/2010 inclusive and £31.96 being part payment due on 01/04/2010 and totalling £1098.22".

 

This relates to a secured loan on which there are £1098.22 arrears which are over a year old. About a year ago I rang GE money and made an arrangement with them to pay £100 per month by direct debit. They said they would set up the direct debit themselves then and there. I stupidly did not monitor my bank account, and now, as far as I can tell, they have not taken any money from my account.

 

My questions are:

1. Where does 355.42 come from and how can this be a default if I hadn't agreed to that repyament schedule? (I don't dispute the arrears)

 

2. The default notice says "The action required to remedy the breach is payment by 06/08/2010 of the Arrears stated above". Even if I managed to scrape the money together to pay this by that date, wouldn't the default now be on my credit file for the next 6 years anyway, so making a franatic scramble to pay by the 06/08 a bit pointless?

 

I'm not sure what to do next!

 

Thanks in advance :)

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Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

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A default notice doesn't necessarily lead to a Default (capital 'D') being registered on your credit file, no. A default notice is a notice of default, (sorry!) telling you what you need to do to remedy the default, or what the consequences will be if you don't.

 

A default notice is required to be sent before they can take certain action to enforce the agreement against you, if they so wish. If they do (or do not) register a Default against you is pretty much up to them to decide, but they need to comply with the ICO's opinion on some basic principles. A Default recorded on your credit file will remain on it for 6 year from the date of being settled.

 

Bear in mind the letter is designed to encourage you to take some action - panicking and making a payment as they've requested is probably their intention. :confused:

 

Is the monthly payment they are saying you've missed not your normal monthly payment + £100? :confused:


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks car2403.

 

I don't where the £355.02 comes from. The £1098 arrears is all that's left now to pay on the loan. It's possible that at one time the monthly payments were around that (sorry to be vague, I really can't remember other than they were around £300 ish I think), but the full monthly payment figure that was agreed over the phone with GE was £100. That was to run for 10-11 months at which point the loan would have been paid off.

 

Do I understand correctly then that if they have complied with the basic principles (I don't know if they have or not) the default could be registered against me now regardless of what I do next, based on their whim? I ask because I think it would be worth somehow finding the £1098 now if it meant avoiding having the default on my file, but it would absolutely not be worth such a desperate struggle if they register the default anyway.

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When were they last in touch? If the time they gave has passed with no action, doing it now seems less likely ;)

 

As for the balance, of course it's up to them you prove the amount, not for you to prove that you don't. I've suggest a DPA SAR to establish what exists.

 

You say it's a Secured loan - is it a mortgage, or secured personal loan? There's duties for them under the Consumer Credit Act to provide documentation relating to the loan on request and I'm just trying to establish the best course of action for you to take. (Other than a SAR)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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