Hello

[Angry Cat]

Re: Hello

GE Money and Link Financial, Oh Lord:
http://www.guardian.co.uk/money/2010...dding-interest

:
A spokesman for GE Money said its loan terms and conditions include wording that allowed the lender to continue charging interest until the debt is paid off. He added: "Our current terms and conditions allow us to charge interest on accounts which have had a county court judgment levied against them, as we are legally entitled to do. However, given the economic environment, and in line with our commitment to our customers, we are in the process of reviewing this policy."
However, this does not help former GE Money borrowers whose loans have been sold to Link Financial already.

Link pointed us to a section on its website which says the vast majority of accounts serviced by it do not accrue interest during the collections process. But if the firm is unable to reach an arrangement to pay, and the account is passed to its internal legal team, "statutory interest will be charged up to the point of entry into judgment," it says.

[PentLake]

Re: Hello

Hello Angry Cat. Thank you for your interest and responding with a helpful reply.
I will obviously listen to the advice given me and leave well enough alone.

I have nothing to do with GE but the inter-linking with Santander / Link makes a cat whose tail I would rather not pull because, using common sense, I don't have to.

In response to Amethysts points I will continue with the SAR and CCA with Link... purely for reference purposes ( It goes against the grain that they can casually flout the Law and time limits and I can't hold them to account but principles don't pay bills and my bills are rapidly overtaking my principles. ).

My day will come....

It seems we are in update territory now with Halifax and Link as events unfold.
Thank you so much for the moment and take care good people. I am about to ask a simple question in another box. Off to post office first.

[PentLake]

Re: Hello

2pm Update on Link.. Halifax. For ur info.

Letter from Link today.

"" We wrote to you previously in relation to your request for information on this account .
This has taken longer than original anticipated to retrieve.

Thank you for your patience in this matter and we hope to provide this information as soon as possible."" (verb whole letter)


Letter from Halifax today.

"" ... at the moment we are not able to provide a copy of the original agreement ..... confirm our procedure has always been to obtain our customers signature..... we are confident the agreement remains enforcable..... by providing you with docs attached to previous letter we have satisfied our obligation to provide a copy of the executed agreement under Section 78.

.... However, even if the agreement is unenforcable the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the Court.... it has always been our process complying with CCA requirements for a signature... should this mater proceed to Court we will adduce evidence to confirm this.""

Then the warning about accepting advice... with the links and 'statement' from the Ministry of Justice that reads.... 'businesses that mislead the public... etc....

I have paid my suspended payments of Aug and Sept and re-opened the standing order for Oct and future in favour of Halifax... namely Blair Oliver and Scott dedt collectors.

The only thing that jumped up at me was 'What contract'?
Why bother with an agreement then if it means nothing?

and.... a priest or bank manager only succumbs to the temptations of the flesh or finger in the till once in a vocation... where does the evidence count?... except in mitigation.

I'm going to put a question on Google about unsolicited cards, and what bank, etc.

Ended. Thanks. John.
NOW I go to post office.

[Angry Cat]

Re: Hello

The Halifax, was taken over by HBOS and then both by Lloyds...!

[Quote]:
Letter from Halifax today.

"" ... at the moment we are not able to provide a copy of the original agreement ..... confirm our procedure has always been to obtain our customers signature..... we are confident the agreement remains enforcable..... by providing you with docs attached to previous letter we have satisfied our obligation to provide a copy of the executed agreement under Section 78.

.... However, even if the agreement is unenforcable the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the Court.... it has always been our process complying with CCA requirements for a signature... should this mater proceed to Court we will adduce evidence to confirm this."[Quote]

The writer, reminds you of Reg 3, but conveniently omits Reg 7 (copy docs Regs).

As for Link Financial Limited and/or, Link Financial Outsourcing; their purported DoA's/DoS's could reveal much...

What is the purported date of the assignment?

[PentLake]

Re: Hello

Assignment of debt from GE to Link was outined in a letter to me dated 05/June/2008.

In Links words.. ""... GE has assigned to Link the benefit of the debt that you owe to GE."" "".. Your debt is now owed to Link""

That could mean anything? Link gets the money but no reponsibility, file, documents...? a DC in effect on behalf of GE.

"If you need advice in relation to the sale of this debt, contact a solicitor, etc."

That's all in effect that the letter makes clear.

This was in my last letter I sent them...


"" Please provide clarification on the status of the original Consumer Credit Agreement and confirm either that you hold the original signed agreement on file, or a copy of it on microfiche, etc. or that you no longer hold the file, and return my fee.
Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). ""

As usual. Total silence.
102 days since I made my 12 day CCA request to Link.

How long can they mess about using delaying tactics against what is supposed to be the Law to protect consumers against this sort of thing.
:ballchain:

Why write Laws that are just ignored?
What if I lost my driving licence and kept making excuse after excuse?
I would soon be taken to task.
Link are not God.

The fact that a greedy CCJ just scraped through... (merely confirming a monthly payment that had been in force for over a year already (payment never missed) really is starting not to mean anything in the bigger legal picture.

Let's forget about the CCJ.
What can I do to put pressure on them within the Law and take the next step because they have not followed Laws as laid down?

The SAR has gone to them and will take 40 days. Fine.
That equates to 340 days in Link world time.
The CCA is a totally different thing. That is 12 legal days. Over 3 months ago!
I'm not going into a stupid fight. I just want to know what my legal options are, given the circumstances. How many more people are going through the same thing?

[Angry Cat]

Re: Hello

Your concern's, need to be moved to the appropriate the appropriate debt collection forum:

Link Financial Limited/Link Financial Outsourcing.

Amethyst!

[WendyB]

Re: Hello

I'm not an expert on CCA, however I'm not sure if anyone has pointed out that unenforceability cannot be used to make a claim, but only as a defence. So in order to use the unenforceability aspect you would have to default, let them take you to court, then rely on getting a judge who actually understood CCA and found in your favour. IMO a difficult proposition in these times, following Carey etc and various recent judgements against people.

[PentLake]

Re: Hello

Thank you WendyB for your comment.

Angry Cat or Amethyst? was right. I seemed to be leaning into Debt Collection, etc. while putting my CCA case. For that I apologise.

My campaign with Link is to get sight of the CCA. Simple. Nothing else.

Link have now taken 103 days from the day I requested the CCA.
26 June 2010

I have had two letters in that time telling me they are still looking... and thanking me for my patience. The 2nd arrived on the 6th October !!

It appears to me the Law is being flouted at a minimum, or broken without concern or fear of retribution, etc. by Link Financial.

I don't doubt there a many circumstances, examples, we could find or talk about but can someone please inform me what procedure there is I can follow to take Link to task legally and instantly for not conforming to the CCA guidance, Laws, etc. and get my CCA request resolved one way or another.

I'm not saying it didn't or did exist, I'm just asking to see the CCA that I am told I signed. Not a copy. The original true signed CCA.
I have a legal right.

That request seems so simple and is supported by the Laws of the land in England.

I'm like a dog with a bone since I joined LegalBeagles, :tinysmile_grin_t: ... avoiding the grey areas and going straight for the meat. :beagle:
I'm making progress. Thank you.

[PentLake]

Re: Hello

With reference to my last post, please ignore it.
Having read so much on here now, I see it is not for the meek and mild to take on the great banks with even forums stacking up the reasons why you don't really stand more than an iota of a chance.

My original comments about Financial companies come back to haunt me.....

Banks are the real devious dictatorial dishonest enemy within. The real underworld.

In history they are unbeatable.

I will stick to my safe close protection security world.
Thank you.

[Angry Cat]

Re: Hello

With reference to my last post, please ignore it.
Having read so much on here now, I see it is not for the meek and mild to take on the great banks with even forums stacking up the reasons why you don't really stand more than an iota of a chance.

Oh Dear, not quite true as many of the, as you say, meek and mild, have been successful against, the Banks!

Re: your own case, you are legally entitled to be provided with information about credit agreements, as per sections 77, 78 & 79 of the Act.

[Amethyst]

Re: Hello

Pentlake, Meek and mild maybe but still strong, you just have to pick the right fights, and we're just here to help guide you if you might be going astray and to discuss stuff with if you arent sure. Don't give up eh, we're behind you, and they arent unbeatable by any stretch, but I won't pretend its easy, depends what the battle is.

[PentLake]

Re: Hello

Thank you for your fighting spirit.

I have a simple question.

All I want to see is my signature on a CCA.

Having been jerked around by Halifax, including their 11th October letter where they say

" blah.. blah.. At the moment we are unable to trace {{a copy of }} ((my para's, their words)) the signed application form therefore we are not in a position to provide a copy at this time.
blah.. blah..
"If you're still remain unhappy you can refer your concerns to the Ombudsman within 6 months.. blah blah.."

Halifax call it my 'complaint'?? I haven't complained about anything. Yet.

I call it 'my legal request'.

they can't find the original thererfore they can't send a copy, and any copy I request regardless can omit a signature box, signature, or date of signatue.

I need the next step to take this to a fast conclusion please.
I DID NOT ask for this card. I'm paying according to my repayment plan still.

What is my next fast-track step please? Was the £22 solicitor right?
John.

[WendyB]

Re: Hello

Pentlake, I an see where you are coming from, and yes you do have a legal right to see it. But will it make any difference, in the long run, whether you get the signed copy or not? You have said that you are paying, and intend to carry on paying, the instalments. You don't intend to default on the instalment plan. You aren't planning on letting them take you to Court in order to use unenforceability as a defence. You don't particularly want or need a CCJ or a possible charge on your house.

Whether it's termed as a legal request, or a complaint, is just semantics. You've asked for it, they haven't provided it. Does this make any difference to your current situation, or your plans to deal with the finances? Not at all, from what you've said so far. So what's the point in stressing out about it?

Just my opinion.

[PentLake]

Re: Hello

Hello WendyB. You foray into many assumptions and for that I thank you as a mind stimulus.
My post into the Forum was simple.

What do I do next? What would you do next? There must be an answer?

One unstressful step at a time seems in order. I call it Critical Path Analysis.... also known as KISS.. or brainstorming.
Thank you for your opinion. All input is appreciated and welcome.

[Angry Cat]

Re: Hello

Please refer to point 5 of the following:

http://www.oft.gov.uk/shared_oft/con...OFT1175con.pdf

Apparently, the result of the above consultation is due to be published shortly?