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    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
    • Hi not sure if I'm posting in the right place here so apologies if I'm not. I don't know if anyone can help but basically my mum has been living in her house since 1997 and there is a piece of land that she has used and looked after since moving in there.she was a tenant in the house until she bought it around 5 years ago. She has recently tried to claim the land through the land registry (possessor title I think) however she had something back from them saying her landlord from when she was renting would be allowed to claim the title for the land or she would have to start her 12 years wait again from.when she purchased the property. Is there anyone that can give some.advice on this as I don't see why her previous landlord could.claim the land when they weren't the ones looking after it. Any advice is appreciated. Thankyou
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Fumingmad v GE Capital


fumingmad
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I sent off my SAR to GE on 16th february. My cheque cleared on the 19th Feb and i can prove that they received my letter on the 19th. Strange that the cheque cleared the same day???

 

Well by my reckoning the 40 days expire on the 31st March. Still haven't heard a thing or received statements. I have 4 accounts with them. 3 have already been paid off for a while but my DP account has only just been paid off......well i received a statement from DP with the Payment received on the 19th Feb and the copy statement charge on the account on the 23rd February. it seems to be taking forever to get my statements, and their time is running out.

 

2 Questions really. 1 What do i do if i don't receive the statements. is it DPA office or Court? 2. Whichever route it is how long til i get my statements?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Send them the DPA reminder letter from the templates library. It will need amending slightly. You can also report them to the ICO after 40 days, which should encourage them. It might also be worth phoning and telling them that they will be in breach of the DPA very shortly and that you will be reporting them and pursuing your request for data through the courts. They should get the statements to you fairly quickly then with luck.

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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Thanks Mr Bump

 

I received them this morning and even though they stated in the letter that they couldn't find a few i have found a whole years worth missing. Now they will be in breach on saturday so should i write to them and then report them?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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I would, yes. Another option is to assume that they have charged you on the months that statements are missing. If you report them they will take notice. Another CAGer received the following letter after reporting them:

 

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

 

Keep up the pressure and they will sort their act out.

 

B.

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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Have a read through this: http://www.consumeractiongroup.co.uk/forum/store-cards/40553-suzy-h-ge-capital.html#post319551

 

Also, they don't actually issue statements when there is a balance of zero - might be worth calling them and seeing if this is the case with you. The telephone peeps are able to go back to 2004, I think.

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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Thanks Mr Bump.

 

Ive just been through my account statements and using the spreadsheet it comes out with £486.00 in penalties but a whopping £580.92 in interest when using 29.9%. this doesn't seem right to me. Would this seem correct?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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That's perfectly plausible if the charges go back a few years - the interest is compound and accumalates rapidly.:) Why 29.9%?

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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because that's the APR they have charged me.

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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are you sure? I have 29.3% in my T&C ... surely if it's the same card it should be the same rate? Where did you get that figure?

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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On the other threads people have been charged 29.9% and i do remember that the APR was that some years ago. Obviously if they can prove what the rate is then i'll amend accordingly but a simple calculation from the iinterest on the statements does tend to suggest a APR of that region.

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Well, there's not much in it, it's unlikely to ever get to the point where you'll need to prove it, and they seem to have paid out at 29.9% before. Having said that I would have thought the burden of proving the rate to be correct would be with the claimant if it did reach court. It would be a shame to have it dismissed for such a small figure! I have my T&C from when I signed up and these state 29.3%, and when I try and calculate the rate from what they've charged it comes out at around 24%, strangely. I wonder if my sums are right. I'm calculating what percentage of the balance the interest constitutes and multiplying it by 12. Is that what you've done?

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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I have taken the balance and * 29.9% then divided by 365 and multiplied by number of days in month.

 

Ie: £500.00 x 29.9% = £149.50 / 365 = 0.41 x 31 (or 30) £12.70

 

£12.70 interest for the month.

 

Does that make sense?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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It makes sense in terms of finding out interest at 29.9% - what I was trying to do though was work it out the other way round, i.e. take the interest charged and the balance and work out the APR from that ... it always seems less than 29.9%, but maths was never my strong point! I suspect that this level of accuracy is unnecessary anyway - I've already asked for 29.3% but you may as well go for the higher amount - they're not going to quibble, I reckon.

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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This may be a silly question, i am just glancing through the site so i know it will be covered somewhere.

But are you claiming for the £15.00 late payment charges. i did not think they would repay these as they are close to the OFT £12.00 recomendation.

 

I had loads of these in the last 6 years simply because my balance is always around £20.00 but i forget to pay min payment.

Thanks lillboy

 

 

 

Bogus Charges £499.00 LBA 1/06/06

Refund of £299.00 now sent Data Protection Act:)

 

GE Capital NEXT

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Yes those are the ones. The OFT recommendation has no legal bearing and the fact that they suggest £12 does not mean that figure - or indeed any figure - is a fair charge. Me and Fumingmad are claiming these back and charging interest at the FraserCard rate. You should do the same!

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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  • 3 weeks later...

received letter from GE offering to pay back all charges but they will not entertain any interest on these charges. Should i go after the interest as it is my money they have had all these years and i should be entitled to the interest shouldn't i?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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I'd say that as long as you asked for the interest from the start then go for it. They won't want to go to court so you will almost certainly get at least 8%. I would proceed and give the judge the option of awarding the unauthorised rate, the authorised rate or the statuatory court rate - unless you need the money any time soon that is!

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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