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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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Suzy H v GE Capital


Suzy H
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Hi guys :wink:

 

Sent off two SAR letters by recorded delivery yesterday to :-

 

Data Protection Administration

GE Money

PO Box 700

Leeds

LS99 2BD

this is for a House of Fraser Card & Debenhams Card - both accounts were passed to 'Viking' for collection. I cleared off the full balance owed on both accounts and they closed them down.

I had those accounts for years so know there will be a lot of charges on both accounts. As always ... I will keep you posted :-)

Thank you :-)

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Great stuff Suzy.

 

If you have problems getting complete statements (which a lot of us have -they claim they only have to keep records for 5 years) may I refer you to Glenn's thread "GE Capital bank -statements " about making complaints to the Information Commissioner.

 

Good Luck and I hope you get your info ok

 

Sarah

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Hi sarahpp

 

Thanks for that - had a quick look at Glenn's thread :) Unfortunatly i'm in Scotland so can only claim back 5 years worth of charges :( but i'll see what they say and keep you posted.

 

(If the charges, however, exceed £750 - I may just try for the 6 years worth of statements and go through mcol for recovery :))

Thank you :-)

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They were 4 months missing from 2004 for me as well so, the thread may still be relevant for you.

 

Have you thought about claiming contractual interest at all - it does add quite a bit onto the claim if you are willing to go through the process and there have been claims settled on this basis now -one with the Nationwide for example.

 

Best of Luck

 

Sarah

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Hi sarahpp

 

No had never thought of claiming contractual interest to be honest - but you have certainally put the idea in my head :-)

 

I'll have a read over the forum over the next 40 days to see whats involved and keep you posted.

Thank you :-)

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  • 4 weeks later...

Hello :-) thought i'd update you with a 'progress' report and I used the word progress in its weakest sense!!!

 

Got my 'statements' for my Arnotts & Debenhams accounts this morning - I say statements but it's actually some incomplete statements only going back to Oct 01 and little cut out bits of paper - what's that all about lol.

 

NOT ONLY THAT but to make matters worse ... I also seem to have a copy statement for a Mrs Hilton of Lancs. Gold Account (yes along with her account number etc).

 

Off to have a scout around the forum to see what the next procedure is but just thought i'd update you with this little gem :rolleyes:

 

I'll keep you updated

Thank you :-)

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P.s.

 

The cover letter is very short and sweet:

 

Dear Suzi

 

As previously requested, please find a list of transactions and charges on your Debenhams and Frasercard account.

 

Please note that we only hold statements going back for five years. (Yes that's how it was worded! oh and no mention of incomplete data).

 

There has been no manual intervention on this account.

 

I hope you will find these details helpful. (I wonder if they mean because I now have the details of someone elses account lol)

 

Yours sincerely

 

Sue Davies

Data Protection Administrator

Thank you :-)

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:-) Hi everyone :-)

 

After having a scout around various threads I have typed up a letter of reply - I would appreciate your eagle eyes glancing over it and then offering any advice on rewording and/or changing things.

 

As always - any help greatly appreciated

 

Thank you in advance

 

 

November 20, 2006

 

Sue Davies

Data Protection Administrator

GE Money

PO Box 700

Leeds

LS99 2BD

 

 

DATA PROTECTION ACT DISCLOSURE REQUEST

 

&

BREACH OF DATA PROTECTION ACT

 

DO NOT IGNORE

 

 

 

 

 

Section 7 – Data Protection Act 1998

 

Dear Ms Davies

 

Important – You should read this carefully

 

Account Numbers: **************** & ****************

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request.The disclosure of personal data is incomplete in that the following documents are missing.

 

You have failed to provide a complete list of transactions and charges. The statements you have failed to supply cover the following periods of time:-

 

Frasercard

February 2002, March 2002, June 2002, July 2002, August 2002, February 2003 to November 2003 inclusive, January 2004, October 2004 and December 2004.

 

Debenhams

April 2002, July 2002, August 2002, February 2003, July 2003, September 2003, April 2004.

 

Please note that you have not yet complied with your obligations under the Data Protection Act 1998 however you still have until December 04, 2006 to comply with my request and, as a gesture of goodwill, I am prepared to allow an additional 7 days in order for you to comply - this I believe to be ample time for a company of your size.

 

As for you only being able to supply ‘statements going back five years’ I do find this difficult to believe since the Inland Revenue expect companies to hold ALL their (and therefore by default their customers) account/business transactions for at least 6 years from date and, allowing for delay in tax accounts processing, this, in some cases, means companies are obliged to hold at least 7 years worth of data.

 

Taking this into consideration please note I am looking for A COMPLETE LIST OF TRANSACTIONS AND CHARGES RELATING TO MY ACCOUNT HISTORY WITH YOUR ORGANISATION. Alternatively, a complete set of statements, appropriately filed, for that period will be acceptable.

 

If you fail to comply with this request I will have no alternative but to refer the matter to the Information Commissioners Office and, without further communication to you, file a N1 Form at my local Sheriff Court, and take legal action against you for Non-Compliance. I will also ask, at the discretion of the court, for compensation in relation to all additional costs I have incurred due to your non compliance (e.g. fees for legal advice etc).

 

 

BREACH OF DATA PROTECTION ACT

 

 

I am terribly concerned and shocked that in addition to receiving incomplete statements from yourself your have also sent me a Debenhams Gold Card Statement for a Mrs M Hilton * ****** **** ****, ******, ******, Lancs. *** ***, account number ***** *** **** ****.

 

I find this both inexcusable and highly unprofessional and am now concerned that my own data is being handled with the same apparent disregard for confidentiality. Please be aware that I will be lodging a complaint with the Information Commissioners Office today.

 

I shall keep a copy of this statement for my records, should, at a later date, evidence of this be required, please note I will dispose of this securely once we have come to an amicable conclusion.

 

 

 

Yours sincerely

Thank you :-)

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Thats great Suzy. Iwouldn't hold out any hope of actually receiving the documention. I had to estimate my charges in the end.

 

Make sure you fill out the complaint form for the ICO - they are becoming increasingly interested in G.E. and the disclosure of someone else's personal data will make them even more so.

 

The form is really easy ( I have already lodged a complaint re G E for non-compliance) and only took me about 10 mins.

 

Keep us updated

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Thank you for having a look over the letter sarah - I have printed it out and will get to the post office this afternoon.

 

I'm not sure what to do for the best now because so many statements are missing (approx 6 months from 02, nearly 1 year for 03 etc) so even 'guestimating' levied fees would be impossible :sad:.

 

I will wait for the response to this letter and if I still do not have a complete set of statements (and going on what you have said this will probably be the case) I might claim for charges every month I do not have statements for (as there was most probably charges levied anyway) and then leave the ball in their court for negotiation.

 

Thank you for taking the time to read over and reply to my thread and I shall keep you posted.

Thank you :-)

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In my case Suzy, I have claimed for charges on each month. It co-incided with the timing of when I had to give up work so, I felt that this was probably a realistic estimate. I have told them in my prelim that I will be happy to justify the rationale behind this in court if necessary. For the other 4 months which were missing from 2004 I was able to reconcile that I hadn't been charged. I have requested the contractual rate of interest by the way.

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i am in exactly the same position as you suzy, had debenhams card got into money problems so could not pay them so viking got involved my credit limit was 1,100 , sold my house to get out of debt and ended up having to pay them 1,700 back, i have sent them s.a.r a week ago no news yet, i will keep you posted.

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Hi sarah

 

Thanks for replying I have been reading your thread also and will be reporting the breach of Data Protection Act to the Information Commissioners Office and will report them again should there be a non compliance of my S.A.R - (Subject Access Request) - especially since Glennuk said that the Information Commissioners Office 'are very interested in this issue'.

 

 

Hi ginamaunder

 

I'm sorry you have had such a crappy time of it but you're definitely on the right road for getting those levied fees back. I'll look out for your thread and i'm really looking forward reading your updates and of course reading about your success :-). Good luck and keep me updated

Thank you :-)

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Thanks sarah :wink:

 

I was dreading filling in the form but you were right - it took no longer than 10 minutes (including sending the supporting material) and it was not as daunting as I had first anticipated.

 

I do have two questions for you ... you mentioned you lodged a non compliance complaint with the Information Commissioners Office - after reading around a few threads I thought non compliance complaints went to Trading Standards - have I got that wrong? Or do we complain to both bodies?

 

Thank you for everything so far - off to tip your scales 29_4_34.gif oops - pressed enter instead of shift mid typing and it sent - so my compliment might sound a bit disjointed and daft - bit like myself really ha ha ha.)

Thank you :-)

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Thanks for the click Suzy - I sent my complaint to the Information Commissioners Office because they are responsible for monitoring the Data Protection legislation but, I don't see any harm in lodging a complaint with TS as well.

 

One poster is taking them to court for non compliance so, it may be worth keepng an eye on this thread. http://www.consumeractiongroup.co.uk/forum/store-cards/29160-sarah-ge-money.html

 

I think the court docs are in now so, there should be some news on it soon.

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Got this email from the Information Commissioners Office yesterday re GE Capitals breach of Data Protection

Dear Ms Higgins

Thank you for your email. This has been forwarded to the Casework and Advice Division at our main office in Wilmslow. You will receive a full response from a Casework and Advice Officer in due course. Any further correspondence relating to this complaint should be sent to [email protected]. Alternatively you can contact the Helpline on 01625 545 745.

Sincerely

Sheila Logan

Operations and Policy Manager

Information Commissioner’s Office

Tel: 0131 225 6341

www.ico.gov.uk

I'll let you know the outcome.

Thank you :-)

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  • 3 weeks later...

Well nothing exciting to report really ...

 

No further news from Information Commissioners Office and just received this letter from GE Money ...

 

'Dear Suzi

 

I confirm receipt of your letter dated 20 November regarding your data subject access request.

 

I have carefully noted your comments. Firstly, I apologise for the statement that was sent to you in error. GE Money takes very seriously its obligations with regard to maintaining the confidentiality of customer information. I have investigated why this error occurred and can assure you that we have taken steps to prevent this from happening again. Thank you for bringing this to my attention.'

 

The letter goes on to say that I have received incomplete statements as I had a zero balance for those periods and therefore no statements were produced.

 

Finally ...

 

'Under your subject access request, GE Money is only bound to provide you with information that we hold, which we have done. It is therefore GE Money's position that it has complied with your subject access request. I apologise that we are unable to provide you with the statements you are seeking for the particular periods you have listed. If you could please advise us what specific information you are seeking to obtain for the periods you have stated in your letter, and why you require this, we will be happy to assist.

 

Finally, I note your comments about GE Money's approach with regard to the retention of customer statements. I appreciate that other organisations and agencies such as the Inland Revenue may have requirements which means that certain personal information must be kept for a period of six years or longer. However, it is not a legal requirement under the Data Protection Act or any other legislation that all organisations and agencies must retain personal information, such as statements, for a period of six years.

 

Under the Data Protection Act GE Money is required to keep personal data for no longer than is necessary. As we have also informed you, GE Money must comply with anti-money laundering legislation, which provides that GE Money must retain records of customer transactions for five years from the date of transaction. We believe that by holding statement and payment information for five years from the date of the transaction, we are complying with our obligations under both the Data Protection Act and the current anti-money laundering legislation.

 

I trust this clarifies our position. Should you require any further assistance, please do not hesitate to contact us.

 

Yours sincerely

 

Richard Wynn-Davies

Head of Customer Support'

 

So ... after Christams i'll forward the letter to the Information Commissioners Office and write to GE Money explaining exactly what I am looking for (eg charges and interest returned) so here's hoping their 'we will be happy to assist' happens.

 

I'll keep you posted ...

Thank you :-)

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  • 4 weeks later...

Hi guys

 

Now the festive period is well and truly over and i'm now coming to the tail end of this nasty flu bug that's hit lots of people -- I thought now was a perfect time to get cracking with GE (amongst others).

 

Still no word from the ICO -- should I wait for them to get back to me, re missing statements and data going back only 5 years, or crack on with the prelim request for payment?

 

Happy New Year

 

Suzi :wink:

Thank you :-)

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Hi Suzy - Happy New Year & hope you feel fully fit soon!

 

My advice would be to crack on with your claims - if my letter from the ICO is anything to go by it will just state that yes, they believe there has been a breach but, it will be up to you to take it to court if you want to force them into providing the statements.

 

If you believe that you have charges which will be covered by the missing statements, you will have to estimate these I am afraid. The letter from the ICO and the previous correspondence from GE will be useful in this respect insofar as they will prove that you had no option but to do this.

 

If you decide to go for contractual interest for your Debenhams claim -the rate from 2000 was 29.9% if that is any help.

 

Give me a shout if you need anything else & good luck

 

Sarah

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Hi Suzy,

I've only just realised (thanks to looking round this website) that I can claim my charges back from my store cards!!!! FANTASTIC!!! I'm already in the final stages of claiming for my HSBC charges but did not realise I could claim for anything else!!! Can you tell me what do I need to do first please?

 

Thanks :)

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