Suzy H v GE Capital

[Suzy H]

Thanks sarahpp i'll get cracking -- might need some/ a lot of help with this contractual interest thing though.

 

Hi iwantmymoneynow -- it's more or less the same process as the bank reclaiming firstly get your statements -- send off your prelim letter (remember to change wording) etc etc.

 

You can claim on closed accounts as well (if you have any)

 

Good luck

 

Suzi

[sarahpp]

Ok - No problem, I will help where I can.

[bailey54]

Can anyone tell me do I have to pay the £10 access fee for each GE account (I have 3 storecards) or does one fee cover all if I list the account numbers on my request letter?

[sarahpp]

Just the one fee. Once you have got underway, if you start your own thread we can all have a look and help out if you need it.

 

Good Luck

[bailey54]

Thanks, I am completeing the data access letter tonight and will send recorded delivery tomorrow - will keep you posted! By the way am underway with bank accounts and credit cards already.....waiting replies

[tinytunes]

Hello all, this is my first post in here so bear with me

 

I sent off my DPA letter to GE bank on 7th Nov, on 10th Dec sent a reminder on 4th Jan rang and went rather crazy at person on end of the phone who did not understand what I was saying at all, just kept saying Decembers statement is in the post. I was sooo angry, anyway got put through to his supervisor who said statements had been sent out that morning (yeah right) the following day I received photocopied statements for a few years with odd ones missing and then a list of transactions, I had a total of 11 months missing so again I rang and asked for Richard Wynn-Davies (who seems to have signed many of your letters) and it appears he is never available to talk on the telephone. I was assured that they would solve the problem, well a couple of weeks on I have nothing. I did start to write earlier and to be honest do not have many charges but know the period that is missing is the worst as it is when I changed to pay by direct debit as I kept missing payments. I added 4 months of the missing 11 onto my claim plus the £10 they charged for the statements as they failed to send what I asked for. Do you think what I have done is right? I am also going to try and claim ppi, am trying to word a letter for that claim now.

I really did not think they would be so damn awkward, I am glad it is not just me, but it should not happen at all.

Well I will keep you informed, good luck to all of you.

[sarahpp]

Hi & welcome

 

Its' a good idea to start your own thread so, that we can pop in and help you out if needed. In the meantime, there is a letter in the template library which may help with non-compliance with the DPA. Also, many of us are in the same boat with regard to incomplete statements etc and have lodged complaints with the ICO. Have a look at this thread - you may find it helpful. If you start your own thread and post details on the missing statements thread I will subscribe and look in to see if I can help you out.

 

http://www.consumeractiongroup.co.uk/forum/store-cards/40595-ge-capital-bank-statements.html

 

Suzi - Hi!

 

You may want to take a look at the thread too as I posted my reply from the ICO on it.

 

Take Care

 

Sarah

[Suzy H]

Hi Sarah

 

I haven't heard from the Information Commissioners Office yet but I had a look at your thread so at least I now know what to expect

 

I used the template in the library for the 29.9% interest -- does it look like I have used the right one? Is this the layout you used? Please can you cast your eagle eyes over this and I would appreciate any advice and guidance you can offer (I have only put in the charges from the statements they provided)

 

Many thanks

 

 

FULL NAME Suzy H

COMPANY GE Money

ACCOUNT:DEBENHAMS

ACCOUNT NUMBER:6**** 5** 4*** 2***

SCHEDULE OF CLAIM FOR CHARGES

PERIOD: 03/03/04 - 29/01/07

In Respect of: Amount: Date Incurred: Days since offence: Interest:

LATE PAYMENT CHARGE £18.00 03/03/20041062 £15.14

LATE PAYMENT CHARGE £18.00 02/07/2004 941 £13.41

LATE PAYMENT CHARGE £18.00 01/09/2004 880 £12.54

ARREARS LETTER CHARGE £18.00 01/02/2005 727 £10.36

ARREARS LETTER CHARGE £18.00 02/03/2005 698 £9.95

RETURNED CHEQUE CHARGE £18.00 06/04/2005 663 £9.45

RETURNED CHEQUE CHARGE £18.00 07/05/2005 632 £9.01

RETURNED CHEQUE CHARGE £18.00 06/06/2005 602 £8.58

RETURNED CHEQUE CHARGE £15.00 06/08/2005 541 £6.43

RETURNED CHEQUE CHARGE £15.00 06/09/2005 510 £6.06

ARREARS LETTER CHARGE £15.00 12/10/2005 474 £5.63

ARREARS LETTER CHARGE £15.00 12/12/2005 413 £4.91

ARREARS LETTER CHARGE £15.00 12/02/2006 351 £4.17

ARREARS LETTER CHARGE £15.00 12/03/2006 323 £3.84

ARREARS LETTER CHARGE £15.00 12/04/2006 292 £3.47

ARREARS LETTER CHARGE £15.00 12/05/2006 262 £3.11

 

Amount £264.00 Interest £126.04

TOTAL CLAIMED AT DATE OF SERVICE: £390.04 JUDICIAL INTEREST AT CURRENT RATE OF 8% £0.00 TOTAL CLAIMED AT DATE OF JUDGEMENT OR PAYMENT £390.04

 

Hope you can make it out -- cheers

[Suzy H]

Hi Sarah

 

Just found Vampiress google spread sheets -- gonna give that a go -- looks frightening though

 

Suzy

[bailey54]

Have today received statements from GE Money - 10 statements are missing! Will do form for I C but in the meantime I don't hold much hope of getting those statements. Any tips on estimating the charges on missing statements?

[sarahpp]

Hi Sarah

 

Just found Vampiress google spread sheets -- gonna give that a go -- looks frightening though

 

Suzy

 

Don't worry

 

It really isn't scary Suzy. Vamps has done all of the hard work. I used the one without balances, just replaced the interest rate with the 29.9% and listed all of the charges as you have done. The only thing to be aware of when using the google spreadsheets is that you have to put the date in the american way so, 01/29/2007 for example for today's date (it comes up with a silly figure until you get the date in) and it doesn't like you to insert/delete cells but, you shouldn't need to do that anyway.

 

Let me know how you get on

 

Sarah

[sarahpp]

Have today received statements from GE Money - 10 statements are missing! Will do form for I C but in the meantime I don't hold much hope of getting those statements. Any tips on estimating the charges on missing statements?

 

Estimating charges is always tricky but, it is the situation that a lot of G E claimants are in. I can only speak for myself but, I knew that the missing statements were at the worst time for me financially so, I used a worst case scenario which was probably fairly accurate for me. I added a paragraph to my letter to say that I was disappointed to have had to estimate the charges but, if they felt that my figure was inaccurate, they should provide proof to the contrary. In the instance where I was only missing a small number of months, I was able to reconcile the statements enough to satisfy myself that there weren't any charges in that period

 

I hope that helps and yes, please do complain to the ICO. If you do find yourself in court it helps to have a written opinion about non-compliance.

[FANTASY CHARGES]

SUZY HERE is a link to hopefully bring a smile to your face !!

 

!"GE bank fined for sales breaches "

 

The FSA is carrying out a drive to improve PPI standards

 

GE Capital Bank, which is behind many High Street store cards, has been fined £610,000 ($1.2m) for payment protection insurance (PPI) sales breaches

 

BBC NEWS | Business | GE bank fined for sales breaches

[Suzy H]

Hi guys

 

Thank you, as always, Sarah for your advice, guidance and moral support it is really appreciated. Thank you also 'fantasy charges' for your link -- it made great reading .

 

I received my ICO reply the other day --

 

RFA0142508

Dear Suzi

Thank you for your complaint form and the further information. The decision has been taken to deal with the matter as a Request for Assessment under section 42 of the Data Protection Act 1998 (‘the Act).

On receipt of a request for assessment, we are under a duty, in most instances, to assess whether it is likely or unlikely that the processing in question has been, or is being, carried out in compliance with the provisions of the Act. However, we have discretion as to how we carry out the assessment and to what action, if any, to take. The criteria on which these discretionary matters are decided are set out in our Policy on Handling Assessments, which is available on our website or from the address above.

We have considered the request in accordance with this policy and we are of the view that the information which you have provided does not justify starting a formal investigation. We have therefore made our assessment solely on the information which you have provided to us. We have not made any direct contact with the data controller.

You complained to the Information Commissioner regarding a subject access request you submitted to GE Money under section 7 of the Act. You notified me that you sent your request to GE Money on 23/10/2006 quoting account details **** **** **** *** and **** **** **** ****. You informed me that you received a response from GE Money dated 15/11/2006 but that it was incomplete.

I note that in your request you have made specific reference to Bank statements and to charges levied on your account in the last 6 years. At the time of writing to us you brought it to our attention that despite submitting your subject access request to GE Money, you were still awaiting a full response from them in relation to your request.

There are eight Data Protection Principles (“the Principles”) in the Act, sometimes referred to as the Principles of “good information handling” which data controllers are required to comply with.

On the basis of this information, it appears likely that there has been a contravention of the sixth data protection principle of the Data Protection Act 1998. The rights to subject access under sections 7 to 9 of the Act fall within this principle, which states, “Personal data shall be processed in accordance with the rights of data subjects under this Act.”

A data controller must comply with a subject access request promptly, in other words as quickly as he can, and in any event within 40 days of receipt of the request or, if later, within 40 days of receipt of:

a) the information required to satisfy himself as to the identity of the person making the request to enable him to locate the information which that person seeks; and

b) the fee.

We are of the view, therefore, that it is unlikely that the processing concerned has been carried out in compliance with the provisions of the Act. This is because GE Money failed to provide you with a complete response to your request within the required time period of 40 days.

You also brought it to my attention that enclosed with a letter you received from GE Money was a Debenhams store card statement for a third party individual named Mrs M Hilton. Although this particular issue does not directly affect your personal data, it does raise concerns under the seventh principle of the Act which is concerned with the security of personal data.

I will now inform GE Money of the out come of my assessment. I will instruct them to respond to your subject access request in full with immediate effect, either by supplying the personal data that you are entitled to under the Act, or by contacting you to obtain any necessary further information or fee in order to carry out your request. I will also ask them to explain why you did not receive a complete response to your request and for their assurances that they will take greater care to safeguard the personal data of their customers.

It may be helpful to explain that a contravention of one of the data protection principles is not itself a criminal offence and the Information Commissioner has no power to ‘punish’ a data controller. In such instances, the Commissioner will seek a resolution to the contravention and once satisfied that it has been remedied then in general no further action will be taken.

Furthermore, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act. If this is something you would be interested in pursuing, I would advise you to obtain legal advice with a view to taking the matter to the courts. The Information Commissioner is unable to comment or advise on any claim for compensation.

Thank you for bringing this matter to our attention. Your case will now be closed.

Yours sincerely

Matthew Negus

Casework & Advice Officer

So I guess i'll just sit tight and wait for GE Money to get back in touch -- should I give them the '40 days from receipt of this letter' and then , if I haven't heard from them write to them enclosing a copy of my ICO letter? Or drop them a line now basically saying 'I look forward to their reply?'

 

Thanks

[sarahpp]

Well, Suzi. This sounds exactly the same as the first letter I got from the ICO. My advice would be to push on with your claim with estimated charges because it is extremely unlikely that you will ever get the missing statements. However, about a month later I received a second letter from the ICO after they had been in touch with GE and heard their excuses. This second letter re-stated the ICOs original conclusion that principle six had been breached. It therefore gives weight to your arguments should you be forced to take them to court.

 

Hope this helps

 

Sarah

[Suzy H]

Hi guys

 

Received a bit of good news the other morning -- got an unexpected letter from GE Money ...

 

Dear Suzi

 

Please accept my apologies that you had to escalate your complaint in relation to your Data Subject Access Request to the Information Commissioners Office.

 

A subject Access Request requires us to send you full details of all records that you have requested. After carefully checking your details I can confirm that what we have previously supplied includes all data we have on file with the exception of your October 2004 statement, which I have now enclosed. I have also made the ICO aware of this fact. Your complaint has highlighted the need for changes to our current processes and systems, which we have now implemented.

 

I understand that this will not resolve the issue of your missing statements for July 2003, April 2004 and October 2004 on your Debenhams Account and January 2004 on your Fraser Account. However, I can confirm that all arrears charges have been removed from your account balance.

 

Where statements are missing we have made an assumption that a fee was charged to ensure you that you do not lose out financially. I have therefore removed a further £18.00 for each missing statement to over compensate. A total refund of £270.00 will be sent to you under separate cover.

 

I also understand that you were sent a statement in the name of Mrs M Hilton. The data we hold on fiche is in alphabetical order and therefore statements for Mrs Hilton would follow your account information. I fully understand this should not have happened and hope you will accept our apologies. We have implemented a more rigorous checking procedure to avoid this happening again in the future.

 

I hope this letter addresses your complaint in more detail. If you have any further questions in relation to this matter, please do not hesitate to contact me.

 

Yours sincerely

 

Miss L Cole

Complaints Resolution Team

 

cc Matthew Negus, Information Commissioners Office

 

Well ... i'm quite chuffed with this as there are a lot more missing statements than quoted in Miss Coles letter so I shall for sure add on £18.00 (as per her suggestion so I do not 'lose out financially')

 

However not so chuffed as they have removed 'all arrears charges from [my] account balance' i'm not sure how this has been achieved since both my Frasercard and Debenhams accounts were cleared in full over a year ago!!!

 

Maybe there is another Suzi doing cartwheels this weekend because of the cleared arrears charges on her account

[sarahpp]

Well done Suzy

 

I think that GE have had quite a lot of attention from the ICO and are feeling the heat. Do we feel sorry for them?............Nah

 

I would write back and ask them to send you a nice shiny cheque please

 

Congrats - I will have a little drink on your behalf

 

Sarah

xx

[Eve22]

Hi to both Suzy and Sarah,

 

First of all i'd like to say congrats Suzy, i've been keeping an eye on your thread and i'm really pleased for you.

I was wondering if you could help me with something?

I have received all of my statements from GE but cant figure out how to change the interest rate from 8% to 29.9% on the schudule of claim template, wondered if either of you had any experience with this?

At the moment its working it out at 0.00022 for 8%.

Any help would be much appreciated, thanks.

 

Eve x

[sarahpp]

I will begin this by saying that I am not a spreadie expert Eve but, I believe you may be using the "simple" spreadsheet as opposed to the contractual spreadsheet (without balances) from Vamp's chambers.

 

Have another go using either Vamp's or Mindzai's contractual spreadie and see if that does the trick

 

Sarah

[beetlebum38]

Hi Suzy, been reading your thread with interest, i have had a similar experiance with mbna who i have just reported to the ICO for breach of DPA(SAR).

They also issued me a GOGW payment into an account that has been closed for over a year....lmao

Please please let me know how you get on obtainging your refunds from a closed account

 

Perhaps the "closed account fairy" will leave a cheque under our pillow?......

[Suzy H]

Hi beetlebum38

 

Ha ha ha -- I know very interesting ... the closed account faeries visited me lol ... yesterday I received a statement from GE Money (my 1st in about a year) re my Frasercard and I am £72 in credit!!! mmm bizarre so I wrote them this letter and posted it recorded delivery yesterday ...

 

LETTER BEFORE ACTION

 

Dear Miss Gale,

 

Re: Account number **************** & ****************

Thank you for your letter dated February 26, 2007 however I am very disappointed at the figure you have offered.

I am also confused, and now looking for documentation and an explanation, as to how you have managed to ‘confirm that all arrears charges have been removed from [my] account balance’ as both my House of Fraser and Debenhams accounts were both cleared and closed some time ago.

I now understand that the regime of 'fees' which you had applied to my account in relation to late payment charges, arrears letter charges and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my House of Fraser and Debenhams accounts. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that from my Debenhams account you have taken £390.00 plus £293.10 in interest at your rate of 29.90% and £534.00 plus £489.70 in interest at your rate of 29.90% from my House of Fraser account totalling £1706.80.

I am enclosing a copy of the schedule of the charges, for your perusal, which I am claiming and please note that this schedule includes, at your suggestion, the missing statement charges. I would also like a refund of the arrears charges you say you have removed from my accounts and, as confirmation, the appropriate supporting material.

I require repayment in full of this money. If you do not comply fully by March 27th 2007 then I shall begin a claim against you for the full amount plus additional interest costs, my personal costs and all expenses occurred and without further notice.

 

Yours faithfully,

I'll keep you posted on the outcome

[scotty b]

hi all

 

can any1 tell me what to say in the letter to GE to clain my late fee charges back, and is there a template letter or something??

 

thanks

[bailey54]

Hi Scotty, I just used the 'request for payment' template in the library and changed the wording from dd & overdraft fees to 'late fees etc.'

 

Worked for me I have had all my money back fron 4 different GE accounts. Good Luck!

[Suzy H]

Hi guys

 

Recieved a letter from Miss Gale this morning

 

Thank you for your letter dated 12 March 2007.

 

After checking our records I do agree that the refund amount given for £270.00 is incorrect. However, I do not calculate that you are due a further £1436.80.

 

Please find listed below our record of charges, which show that you are due, a further refund of £48.00 and then all the charges have been fully reimbursed. I have also agreed to refund the interest charges you have calculated at £782.80.

 

List of charges ...

 

In your calculations you have included both, statements which have been provided and do not show a charge and statements which are not missing, but were not actually produced as no balance was held on account at that time. A charge would not be applied to the account when it holds a nil balance.

 

Charges and interest being refunded total £830.80. A cheque for £270.00 has previously been sent to you . You are therefore due a further £560.80, which has been sent to you under separate cover and will be with you shortly.

 

I apologise for any confusion caused and trust this clarifies matters.

 

The reply being sent today reads ...

 

Dear Miss Gale

 

Thank you for your letter dated March 27th 2007 however your information is still incorrect. I have enclosed a copy of a previous correspondence detailing the missing statements.

 

As you can see from this letter, which the Information Commissioners Office received a copy of, the missing statements are as follows:

 

List of charges ...

 

For ease of reading I have highlighted the missing statements in red that you have been informed are missing however as you can clearly see this does not reflect the actual data that was sent to me.

 

If you have now found the missing statements I have been asking for or can provide evidence to reflect that my account indeed had a nil balance and therefore no statement was generated then please send this information to me so I can adjust my records to reflect the correct amount outstanding.

 

As you will appreciate until receipt of the statements or ‘nil balance’ evidence provided I shall pursue the full amount as stated in my previous correspondence (again I have enclosed a copy of that letter along with the schedule of charges).

 

Please also note that I have never received ‘a cheque for £270.00’ I have however received a Frasercard Account statement which appears to be in credit of £72.00 and a Debenhams Account statement which appears to be in credit of £198.00.

 

As these accounts were paid in full and closed approximately one year ago I do not have access to these funds so would therefore request that you send the refunds by cheque.

 

I trust this clarifies my position and I look forward to hearing from you by April 11th 2007.I understand you have agreed to pay the £782.80 interest, £270.00 and £48.00 totalling £1100.80 however, should I not hear from you by April 11th 2007 with the material supporting your ‘nil balance’ argument for missing statements then I shall continue my court claim against you for the full amount which is for Debenhams £390.00 plus £293.10 in interest and £534.00 plus £489.70 in interest from my House of Fraser account totalling £1706.80.

 

 

Yours sincerely

 

As always ... i'll keep you posted

[sarahpp]

Great letter Suzy