Helz Vs GE Money

[me_n_my_kids]

Hi there

 

I sent of cca requests to ge capital, and today they replied in plenty of time, with photocopies of the application form that was filled out in the store (burton and dorothy perkins)

 

from what ive read here i dont think this is acceptable, but could someone confirm for me, and let me know the best thing to do next?

 

thanks for reading

[payingonlyencouragesthem]

GE Capital broke my default virginity back in 1983 on a Harrods card. If you can I would pay the debts off - I suspect if they are store cards it's only a few hundred quid. It's only worth playing those legal games for £2k+ debts.

[me_n_my_kids]

thanks payingonlyencourages them, we are seeing if hubby can get holiday pay put through or something as we dont have spare money.... any tips on agreeing settlement figures? thats if they do them anyway

[lookinforinfo]

To answer your question, the cca request asks for a copy of the original

agreement, not an application form. If a separate contract was signed by you,

then that is what should have been supplied.

[me_n_my_kids]

there was nothing else signed, the card and the terms just came through the post a few days later. does this put it into a diff category?

[me_n_my_kids]

Hi all

 

Ive just been successful with claiming back charges on my bank account with hsbc and it has given me the motivation to go after anything else i am entitled to.

 

I'd just like to ask though exactly what charges is it that we are able to claim back on store cards and credit cards? is there any certain charges that dont qualify?

 

i have catalogue accounts, credit cards with halifax and baclays and capital one, and store cards under GE Capital.

 

Any advice would be appreciated, thank you

[iwannabedebtfree]

Hi

 

in respect of my store card i am claiming back all late fees, costs relating to computerised letters (i mean fifteen quid for a computer generated letter is rubbish), and compounding interest. In respect of my credit cards its late fees, overlimit fees, anything where a charge has been incurred and its an unjustifiable amount.

 

Adi

[me_n_my_kids]

Thank you Adi - ill get my statements then check back make sure im claiming the right things. totally unsure what compounding interest is, ill need to do some more reading as it's not quite same as the banks.

 

While claiming back the charges, are the accounts classed as 'in dispute' or do you need to carry on normal payments?

[iwannabedebtfree]

i am still making payments, but that is because i have not defaulted etc. in respect of compounded interest, in its basic form it is where the interest is compounded against every charge, so for example charge a has interest a1, charge b has interest b1 compounded with a1, so charge c has interest c1 and b1 and a1 if you can understand my poor analogy. but the interest soon adds up. There are spreadsheets to help compound the interest. Do check some of the threads and the arguments surrounding compounded interest then you know what you are arguing for. Also do look at your accounts interest and be cheeky and charge the highest rate, it is normally cash advances that work out around 22% or higher, cap 1 have lovely high rates so make sure you charge them the correct interest and watch the spreadsheet compound it! they have done it to you, so its only fair to return the favour!! and good luck

[me_n_my_kids]

Thought it would be easier to keep track of things if i start a new thread here.

 

Yesterday I sent my SAR to GE using recorded delivery and included the £10 PO. So i guess now the clocks ticking for the 40 days they have to comply, the same as the banks? There are 2 accounts, so fingers crossed we have a decent sum to claim back.

 

Do GE fight back a lot normally?

[iwannabedebtfree]

Helz

 

from my claim with GE capital no they dont fight back, they dont even acknowledge you! i am now on the LBA stage and still no confirmation of receiving prelim we are dealing with your complaint sir. I think it depends but some have to submit an MCOL for a response, others have been luckier. I think in my case i will get a response when the MCOL is submitted!

[me_n_my_kids]

Just had this letter through from GE and im not sure if they are correct?

We sent an SAR to them for 2 accounts which have been open over 2 years. in total they sent 7 statements, none of which had charges. We wrote to them saying thats not good enough your not complying, and this was the reply:

 

Under your subject access request, ge money is only bound to provide you with information we hold, which we have done. it is therefore ge moneys position that it has complied ith your subject access request. i apologise that we are unable to provide you with all the statements you are seeking for the particular periods you have specified, however, as previously advised in our letter dated 18-01-07, these were unobtainable.

i appreciate this does not fully meet with your requirements and apologise for any inconvenience this may cause. should you require any further assisitance please do not hesitate to contact us.

are they right in thinking they can get away with this? we have no idea how much we should be claiming back in charges

[cheddar]

Hiya and congrats btw!! As for not being able to give you data that you need i thought in these cases that you could make an estimated claim...? not 100% sure tho so will wait for someone else to advise/confirm.

[me_n_my_kids]

hi cheddar... thanks

 

tbh we really dont have a clue, even an estimate of what the charges would total, im thinking maybe we could a good will gesture or something similar, but im not sure if its actually an offence, as they say they dnt have it :S

[cheddar]

If they do't have it then maybe you can pluck a figure out of the air lol! I dunno just yet but i'm sure someone will be able to help lol!

[me_n_my_kids]

lol hmmm i like the number 5k. what do you think lmao

[pobat]

I got the similar thing. I was missing two statements and GE say that a small number of statements have gone missing. I'm gonna add four sets of £18 charges to my claim plus an estimated interest on top. I suggest you do the same.

 

so thats £18 x 17months (at least) x 2 charges per month = £612. Don't forget to add interest (estimate that), SAR, paper, ink, envelopes, stamps, admin costs etc:p. we will see if they can provide the statements then.

[me_n_my_kids]

LOL ty Pobat. what % interest did you add?

 

something tells me the statements might turn up.....

[Glenn UK]

Couple of points worth noting.

 

1st estimated claims are fraught with potential problems are best avoided like the plagues unless you are only estimating one or two months out of a load IMHO.

 

Secondly GE money are playing games with you as are many banks.

 

If you used the template for your SAR from the library you didn't ask for statements you asked for information.

 

You also asked for information for your whole account history, if they cannot give you an explicit statement about the data for your account being destroyed then its my view they have made a mistake.

 

I am going to be submitting a claim against them for non-compliance shortly for the very same thing.

 

I suggest anyone else in the same boat does the same thing.

 

I did this with the Co-op after getting a similar response, when they got the claim they found some more date over nine years old.

 

Go figure.

 

Glenn

[me_n_my_kids]

Glenn, how do you file a claim? is it wise to send another letter to ge now? sorry for questions

[Glenn UK]

Helz

 

Have a look at Glenn Vs Co-op Ive detailed what i did and posted a suggested particulars of claim.

 

Hope that helps

 

Glenn

[me_n_my_kids]

Ok, tyvm:)

[pobat]

I don't mean add interest for total charges quite like that. Im adding the additional interests that i have paid for these unlawful charges. I think Glenn is probably right in avoiding estimates if you can help it, but i'm gonna add estimates to mine since i'm only missing two months worth of statements.

 

The letter that they sent me says -

 

"unfortunately after extensive enquiries on our retrieval system, we have been experiencing problems attaining a small number of statements. On your Burtons account, we have been unable to retrieve statements for July 2003 and May 2004."

 

 

In other words, they have lost it.

[gemspan]

Send them the CCA letter which gives them 12 days to send you a signed copy of your original agreement. If that is all the information they have on you then it may be that the debts are unenforceable because they dont have a copy of the original agreements. Try doing a search on this in the forum. You will find very interesting results.

 

Kind regards

Gemspan

[me_n_my_kids]

hi gemspan, thanks for the advice, but we already did that and they fulfilled the request