Alphageek Vs GE Capital Woodchester "WON"

[Alphageek]

Bought my Dad a car via a loan with GE Capital Woodchester. Started May 2002, 34 month term.

 

Finished paying them in 2006.

 

The more observant among you will be saying "Hello, you mean 2005 right?"

 

Well, long story but, the loan finished in 2005 and as I was paying them via SO and forgot about it, I paid them over 1 years extra payments. I got this back ok once I had dug the paper work out and called them. Didn't have to write or kick up a fuss. They just sent me a cheque for the required amount pretty quickly as I recall.

 

More money than sense? Well, as all the banks and CC issuers were turning their thumbscrews on me in 05/06 I clearly had neither!

 

I remember being pestered to death by GE Cap Wood so I guess there'll have been about 100 late fees on this account as well. Time to see if I can get them back I think.

 

Amazingly, I still have the paperwork. I have scanned it and will post it shortly. I hope they're not too wide and make a mess of the page layout on this site.

 

From what I have read on CAG, this agreement looks ok to me. Would someone with a better knowledge of these agreements take a look and give me their verdict?

 

I intend to S.A.R - (Subject Access Request) them as a first step and was wondering if they failed to produce anything under a CCA, would I be able to claim back all the default penalty charges and all the interest I paid on the loan, remembering it finished long ago?

 

I am pretty sure there were no defaults registered against me for this loan.

[Alphageek]

Welcome Letter - Front Page

 

Scan here

[Alphageek]

Back of Welcome Letter - Interesting paragraph entitled Support Services and Default Charges

 

Scan here

[Alphageek]

Copy 3 of HP Agreement given to me in the garage

 

Scan here

[Alphageek]

HP Agreement Original - mailed to me. This is the one they counter-signed

 

Scan here

[Alphageek]

T&Cs Page 1

 

Scan here

[Alphageek]

T&Cs Page 2

 

Scan here

[Alphageek]

Sorry they're so wide, but with the call for original T&Cs recently I thought I'd do a good job of scanning them.

 

Mods: Add them to any library you might be starting up.

[Alphageek]

Refund letter

 

Scan here

 

Hello Customer Services. Now that I have had a long, long think about it, perhaps there is something you can help me with

[Alphageek]

Hi, am in right in thinking that GE Cap Wood are under no obligation to reply to a CCA request now the account is closed?

[Alphageek]

Just composed SAR. Will send it tomorrow, 1st class recorded.

 

 

My Address

Postcode

Date

 

GE Capital Woodchester

6 Agar Street

London

WC2N 4HR

Data Protection Act 1998 - Subject Access Request

Dear Sir/Madam

 

 

ACCOUNT NUMBER: 00000000000

 

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

Previous addresses you will have for me are as follows.

Address 1

Address 2

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above addresses are ones which you normally used to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully,

Alphageek.

Enc: Cheque no. 0000000

Via Royal Mail Recorded 1st Class – DL 0000 0000 0GB

 

 

 

 

Let's see what they come back with.

[steven4064]

Hi, am in right in thinking that GE Cap Wood are under no obligation to reply to a CCA request now the account is closed?

 

Yes, I am sure they have no obligation to respond to a CCA request on a closed account. They still have obligations under the DPA and so you are right in going that way.

 

Section 2.3 of the T&Cs is the bit that shows that late payment is breach of contract.

 

Steven

 

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[Alphageek]

Section 2.3 of the T&Cs is the bit that shows that late payment is breach of contract.

 

Thanks again Steven.

[Alphageek]

Royal mail site confirms SAR delivery today. Deemed received tomorrow.

[Alphageek]

Received a bundle of print outs this morning. Will have a good look through them tonight.

[steven4064]

Alphageek

 

You're on your way!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[Alphageek]

Ok, I have all the charges in a spreadsheet.

 

Question: The loan agreement shows an APR of 14.2%, is this the same as the interest rate I include in the spreadsheet?

 

I thought the APR and the Interest Rate were different.

 

Incidentally, the online agreement checker shows a discrepancy of 4p in the figures on the original agreement I signed. So I guess it was pretty spot on.

[steven4064]

Yes 14.2% is what you should use. APR=Annual Percentage Rate

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[Alphageek]

Prelim printed and signed along with my schedule of charges. Just over £400 with CCI accruing at 16p per day.

 

In the mail via recoded delivery tomorrow morning.

[Alphageek]

Their 14 days are up on the 25th - Will send LBA then.

[Alphageek]

Not heard anything from them.

 

LBA printed and in the mail tomorrow.

[steven4064]

Keep us posted

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[Alphageek]

Will do Steven.

[Alphageek]

The LBA was signed for on the 4th July 2007.

 

Received a letter from the dated the 11th.

 

Dear Alphageek

 

GE Capital Woodchester Account Number: xxx

Our Ref: xxx

 

Thank you for your letter received on 05 July 2007.

 

We always try to provide the very best level of service possible and I am sorry you are unhappy with the service provided on this occasion.

 

The concerns you raised are currently being investigated and a response will be forwarded to you within 4 weeks from the date we received your complaint.

 

Should you require any further information in the interim, please contact me on my number below.

 

A copy of our Complaints Handling Procedure is enclosed for your information.

 

Yours sincerely

Ruth Ritchie

 

Customer Complaint Resolution Team

0870 125 2545

 

Enc. GE Money Complaints Procedure.

The 14 days I gave them to respond positively to my LBA expire tomorrow.

[steven4064]

The 14 days I gave them to respond positively to my LBA expire tomorrow.

and you know what to do then, don't you!!