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GE Money can't find statements


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I made a DPA SAR request to GE Money and today recieved a letter from them bascialy saying that

 

"unfortunately, on our retrival system, we have been experiencing problems retrieving a number of statements. On your Burtons account, we have been unable to attain various statements from September 2001 to September 2004.

 

I fully appreciatte this does not fully meet with your requirements and apologise for any inconvenience this may cause. This is certainly not our intention and I am sorry we are unable to provide the information you have requested on this occassion"

 

The earliest statement that they have provided is September 2001 and yes there are a large number of statements missing.

 

However I have had this account since 1986. In my SAR I made no mention of only going back six years, which they have failed to do anyway, and was wondering if anyone knew whether they are required to provide me with all my statements, or at least a list of transactions, going back to the start of the account? And if not how far back?

 

As an aside they have asked if I have any correspondence relating to disproportionate penalties for the missing months!!

 

They have also so far failed to provide me with a copy of the agreement under an application under the CCA 1974 and have now had over their 12 days.

 

Any opinions welcome.

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There is no stipulation as to how far they should go back. If they admit to having them & you have been a customer for 10-15-20years they should provide them.

 

If they claim to have records only going back 6 years ask them what they have done with them. Your entitled to know.

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Just to update they have now admitted that they cannot find my original agreement either. Their arguement is that the origional agreement wasn't with them and that because it was so long ago anyway that is a perfectly valid defence in court. My thoughts are that if they were not the origional creditors then I want proof that they have the right to this debt. Anyway they have offered to settle the account in full for £100. I have pointed out to them that even on the limited statements they have provided there are unlawful charges of £120, ignoring the PPI which I did not request but they have applied. They have stated that if I accept their offer then I will not be able to proceed with any claim against them for the charges and PPI. Anyone got any advice?

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If you haven't already send them a CCA demand.

 

Also the length of time is not relevant. If they are trying to recover the debt they have to be able to produce the docs.

 

Not sure what other advice you want! They have made an offer which seems to be unsatisfactory & has strings attached.

 

If it where me I wouldn't accept but you may wish to do something different as only you know your circumstances

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Just to update I have now had confirmation from their Data Controller that they have never had a copy of the agreement from when they took over the account 15 years ago. They don't have a deed of assignment either. So it would appear they for 15 years they have been asking for money each month to which they have no legal right. Am in the process of discussing this with Trading Standards who are very interested as mine is not the only case with GE Money that they are looking into.

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  • 3 weeks later...
Just to update I have now had confirmation from their Data Controller that they have never had a copy of the agreement from when they took over the account 15 years ago. They don't have a deed of assignment either. So it would appear they for 15 years they have been asking for money each month to which they have no legal right. Am in the process of discussing this with Trading Standards who are very interested as mine is not the only case with GE Money that they are looking into.

 

The Information Commissioner is also interested in their non-compliance with S.A.R.s

 

Please see Glenn's thread about G.E. Statements.

 

Hope this helps

 

Sarah

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