GE Money Sold House leaving shortfall

[rippedoff15]

Hi All,

 

just had a letter from DMS Capital Recoveries they have stated in writing the following:

 

In accordance with our clients instructions, your account must be now assessed. There are three acceptable options:

 

1, A lump sum payment of £11,56200 is acceptable in respect of your liability, strictly conditional upon payment in 30 days, YOUR laibility will then be satisfied and a letter will be issued to the effect.

 

2, If the above is not possiable at this time , then initial monthly payments of £125.00, subject to six month reviews must commence immediatly to reduce the full balance outstanding.

 

3, If you feel you are unable to make the requested payments, you are required to substantiate this by providing a full updated statemnet of your FAMILY finances. A form for this is attached.

 

A REPLY IS REQUIRED WITHIN 14 DAYS, If you do not reply, your circumstances may be reviewed further. A filed agent may be instructed to call at your home to discuss this matter, prior to our seeking an enforceable payment order through County Court Action .

 

Yours Etc Etc

 

2nd letter today is from G E Money who confirm that we have requested the SAR however they require the following before they send any information

 

1, Proof of the mortgaged address as well as our present address and utility bill

 

can anyone help , it seems that all parties are just refusing our requests for information, also what should we do regarding Capital recoveries

 

cheers

[sillygirl1]

I would tell them the following

 

"My FAMILY finances are in a very precarious state and the attached (do not give account nos) shows I have more going out than coming in, so your proposals are not acceptable.

 

May I remind you that should you attempt further enforcement I would have to declare bankruptcy as I could in no way afford £125 a month.

 

Please also remember that this is an 'alleged debt' and not an 'actual debt' and to further enforce this would cause real and actual hardship, so I therefore request that you do not contact me again asking for repayment as none will be forthcoming now or in the future."

[sillygirl1]

Their field agents are only doorstep collectors with no legal powers, you are not obliged to give them any information other than to inform them they are trespassing and you want them to disappear asap.

 

Their chances of getting this enforced via a court are very very slim as you can build up a very strong defence, and again you would have the option to declare bankruptcy which would scupper them completely.

 

As for GE Money, tell them they have already been corresponding with you at your current address and further ID will not be forthcoming.

 

They are chancing their arm again - do not give in.

[rippedoff15]

Iam going to write again to both GE Money and the debt company stating as before, we send everything recorded and get copy of the signed confirmation via royal mail just to make sure if it went to court we can prove and are trying to sort the issue out but the lender is refusing and avoiding to help. i will write back to GE money to expalin they do not need move confirmation as they are write to our new address not sure why they need a copy utility bill .

 

cheers for the help

[unclebulgaria67]

Do not admit to the debt or offer payment. Make sure the letters are clear that you are pursuing a complaint and have made a request for information, which has not been provided yet.

[rippedoff15]

Well got another letter from G E money :

 

AGAIN : They will not comply with the SAR request as they reuire a verified signature and address, they have asked for proof of our address and joint signatures. We have sent all account numbers, dates of court actions, but they refuse to comply and keep asking for the information. Should we give the sample signatures and copy of a bill marked accross as sample only

 

 

cheers

[unclebulgaria67]

Well got another letter from G E money :

 

AGAIN : They will not comply with the SAR request as they reuire a verified signature and address, they have asked for proof of our address and joint signatures. We have sent all account numbers, dates of court actions, but they refuse to comply and keep asking for the information. Should we give the sample signatures and copy of a bill marked accross as sample only

 

 

cheers

 

Make a complaint to the ICO's office that GE Money are refusing to process an SAR.

 

https://www.ico.gov.uk/Global/contact_us.aspx

 

If the ICO agree that you should provide signatures etc, then do so by signing against rows of printed letters or numbers, so if they tried to scan for whatever purpose, they would also pick up the letters/numbers behind the signatures.

[sillygirl1]

GE Money are taking the proverbail here, so complain to the OFT and Trading Standards as well, they are not supposed to need this 'additiona' stuff as they have already been communicating with you on this matter, and it is not for THEM to dictate who can have what information. It seems to be a stalling tactic with them so they can 'gather' what they should have had.

 

These people obviously think they can make the rules up - but of course it is only their interpretation!

[sillygirl1]

Just a thought on reading their 6 month reviewe offer, you could point out that your salary is only inccreased annually (if that) and as basic bills such as council tax, water rates, electricity, gas and any rent and fares/costs to travel to work are always upward, your review would be a decrease in their original high offer of £125.00!

 

Play them at their game at every turn and eventually any aces they think they have will become break points in your favour.

[Loser4u]

If they require your signature to comply with the SAR then they shouldn't be writing to you as they haven't confirmed your identy.

This is what I sent to someone recently who where doing the same

 

Dear Sir / Madam

in reply to your letter dated ??????? were you state you are unable to confirm my identity and have stipulated that you require proof of my identity/signature before you comply with my Data Subject Access Request, may I bring the following to your attention

 

Data Protection Act Good Practice Notes:

2. Do you have enough information to be sure of the requester Identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no legislation nor guidelines that you can hide behind in an attempt to avoid fulfilling my legal request

 

If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office.

 

If you believe you are correct then before any further contact is made, by either you or a person acting on your behalf, you will need to confirm my identity. The volume of data is irrelevant as the personnel information concerning the account has already been disclosed in previous written correspondence to me at this address.

 

Yours faithfully

 

Printed Name

 

They sent all the data but said they did this as a gesture of goodwill as the above is guidance only.

I already had an outstanding complaint with them and asked them to add this to the list of complaints

[rippedoff15]

Great letter will be great help

 

cheers

[rippedoff15]

Well just had another letter from Optima Legal as follows:

 

They have referred to our list of information requested

 

1, We have requested signed documentation relating to the mortgage account and securd loan:

Optima Legal reply: We were provided a copy of this when the mortgage was documentation was signed, a futher copy can be requested if you have instructed a soliciotr to deal with this matter. If this is the case, please provide the details so we may discuss with them.

 

2, We asked when the last payments were made:

 

Optima Legal reply: They have only confirmed when the last payment was against the securd loan account ( 22/8/2008 ) and not the mortgage.

 

3, We asked for information relating to the sale of the property ie valuations:

 

Optima Legal reply: This information is not required to determine liability.

 

4, We asked when the sale was completed:

 

Optima Legal confirmed date of 25/01/2010

 

5, We asked for details how the property was marketed:

 

Optima Legal reply This information is not required to determine liability.

 

6, We asked for breakdown of costs ie completion details:

 

Optima Legal reply They have on plain paper details relating to sale and costs, they have attached a copy of the signed securded loan agreement with full breakdown of costs relating to the loan nothing on the mortgage.

 

 

It seems that both Optima Legal and the lender G E money are refusing to comply to our request, we regard to the signed documentation for the mortgage they will not provide it unless we instruct a solicitor ? is this correct practice.

 

Has anybody got any information which would help.

 

 

cheers

[unclebulgaria67]

Silly letter. I would be tempted to write back, asking whether they will agree to pay any solicitors fees that you incur, as this is their suggestion.

 

Advise them that their reply is incomplete and that you consider the matter to be in dispute.

 

If you have sent the mortgage company an SAR, wait for that information.

[rippedoff15]

We have requested the SAR from the lender GE Money but had nothing so far, only letter from the lender requesting copy household bills and our joint signatures. we have wrote again and sent our letter recorded again no reply. we requested the SAR on 23/08/2012.

[citizenB]

The SAR is well out of date now, you need to up the heat on them in respect of that.

 

If not, you need to consider issuing a claim agaisnt them to force them to comply or at the very least make a complaint to the Information Commissioner.

 

What are Optima on ?? You dont need a solicitor for them to provide the information you have requested.

 

I will flag someone with more knowledge to look in on you.

[citizenB]

We have requested the SAR from the lender GE Money but had nothing so far, only letter from the lender requesting copy household bills and our joint signatures. we have wrote again and sent our letter recorded again no reply. we requested the SAR on 23/08/2012.

 

Are they saying this is the reason they wont supply the data ??

[Ell-enn]

Well just had another letter from Optima Legal as follows:

 

They have referred to our list of information requested

 

1, We have requested signed documentation relating to the mortgage account and securd loan:

Optima Legal reply: We were provided a copy of this when the mortgage was documentation was signed, a futher copy can be requested if you have instructed a soliciotr to deal with this matter. If this is the case, please provide the details so we may discuss with them. Why do they think you need a solicitor to get a copy of the agreement ?

 

2, We asked when the last payments were made:

 

Optima Legal reply: They have only confirmed when the last payment was against the securd loan account ( 22/8/2008 ) and not the mortgage.

 

3, We asked for information relating to the sale of the property ie valuations:

 

Optima Legal reply: This information is not required to determine liability. No, but it's needed to determine whether your best interests were being considered i.e. not undervalued just to get a quick sale

4, We asked when the sale was completed:

 

Optima Legal confirmed date of 25/01/2010

 

5, We asked for details how the property was marketed:

 

Optima Legal reply This information is not required to determine liability. Again it's needed to determine if it ws marketed with your best interests in mind i.e. not sold to a builder the guy in the estate agents knew!

 

6, We asked for breakdown of costs ie completion details:

 

Optima Legal reply They have on plain paper details relating to sale and costs, they have attached a copy of the signed securded loan agreement with full breakdown of costs relating to the loan nothing on the mortgage.

 

 

It seems that both Optima Legal and the lender G E money are refusing to comply to our request, we regard to the signed documentation for the mortgage they will not provide it unless we instruct a solicitor ? is this correct practice.

 

Has anybody got any information which would help.

 

 

cheers

 

If they intend taking you to court for the shortfall they'll have to provide the information so they might as well give it to you now.

[rippedoff15]

A few points the lender GE Money will not comply to the SAR as we now live at a differant address, thats true they sold the old house. Both GE Money & Optima Legal have been writing letters addressed to our current home since February 2012, so there should be no issue relating to the Data act. we have asked for basic information relationg to the sale such as valuations, marketing, but they state that they the information is not required to determine liability, but we feel that this key in relation to the shortfall as if the property was sold below the market value they infact have created the shortfall.

 

We asked for the full mortgage account details such as signed paperwork, statements again they have refused to action our request. We think now the best action is nothing just wait until we get the court papers that if they every issue them to my wife.

[rippedoff15]

Well what s joke had a letter today from G E Money stating they are unable to trace the account and require the following information: Full names, property address, account numbers, purpose of loans, and copy signatures. What a complete joke now just filling all letters and waiting to see if they take court action. If they do i have got all letter we have sent request information and letter from the lender refusing and now unable to locate the files, iam sure the court would look at this issue and smile seeing how it takes 4 years to ask for the shortfall and now refusing to comply to our information.

 

Sadly they can chase the shortfall up to 12 years, well only 8 years left but the longer it takes better for us both

 

cheers

[caro]

I think GE are signed up to the Council of Mortgage Lenders who only pursue the debt for 6 years, so they only have 2 years to get their act together.

 

Directory of CML members and associates

 

GE Money Home Lending Ltd | Print |

Directory of members online Member

Head office: Malvern House

Croxley Business Park

Watford

WD18 8YF Website www.gemoney.co.uk

[Bandit127]

Yes - and the way they are dragging their feet makes me think you will make it to the 6 years as well. Shocking behaviour...

[rippedoff15]

Thanks Caro, did not know that information, if its 6 years from the 30/09/2007 therefore the debt / shortfall should be wrote off by Sept next year we hope. even if the take court action they would have to explain why its taken so long, and why they are refusing to our information requests.

[caro]

I've just checked out the details of the CML agreement. Not quite that straightforward. Here's the info. http://www.cml.org.uk/cml/consumers/guides/debt

[rippedoff15]

Fingers crossed we get past the 6 years

[rippedoff15]

Update: We had a letter from Optima Legal today, requesting we call them within 72hours, as they want to discuss the matter. They have stated they are unable to contact us by telephone, which is strange as we have asked for all contact to be put in writing. What next they are a joke just like the lender G E Money