GE Money V Piesky

[piesky]

Hello all.

I sent a CCA request to GE Money on 31 December 2008. I have had no response from them at all.

on 25 April I received a letter from Link Financial stating the debt had been sold to them. I responded with a bemused letter informing them that GE Money had not reponded to my original CCA request and suggested they go back and inform them of such. A copy was also sent to GE Money.

Link Financial have now responded with a further letter enclosing the CCA that was requested from GE Money (but never arrived)

Surely, having not responded to my original request, GE Money have broken the law and compounded with this have sold the debt to a third party.

I have attached a file with the said document for someone (Ideally Curlyben) to have a look at.

I am not suggesting I do not owe money on this but the original agreement was taken out with First National Bank and it seems they have not followed the correct protocol.

Curlyben, Could you have a look at this for me please.

Thanks

Piesky

[piesky]

Re: GE Money V Piesky

Hi This is a letter I have sent to GE Money today:

13 May 2009
Dear Sir/Madam

Re:

We refer to our CCA request letter dated 31 December 2008, (copy enclosed) which was delivered to your Offices in January 2009.

We must point out that as of today’s date, you have thus far failed to respond to our legal request to supply a true copy of the original Consumer Credit Agreement for the above account, and by continuing to demand payment, as well as passing this over to Link Financial for default collection, you are in breach of the Office of Fair Trading guidelines on debt collection.

Our request for a true copy of the original Consumer Credit Agreement for the above account was received and signed for by a member of your staff in January 2009. Furthermore, we have obtained an electronic proof of delivery showing the name and signature of the recipient. In this request, we made a formal request for a true copy of the signed, executed credit agreement for the above numbered account under section 78(1) of the Consumer Credit Act. In addition a statement of our account was to be sent along with any other document mentioned in the credit agreement. This request was accompanied by a £1 Postal Order

We would reminded you that you are obliged to supply these documents under S189 of the CCA 1974.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit a summary criminal offence. For your reference, the original 12 day deadline expired on 17th January 2009, and the extended deadline expired on 16 February 2009.

We still require you to send a true copy of the original credit agreement that you allege exists. As you will know, under Section 127(3) of the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

The limits for supplying a true, signed copy of the Consumer Credit Agreement relating to the alleged debt have expired and by selling the alleged debt to a third party (Link Financial) you have also committed a summary offence. Therefore, the alleged debt has become unenforceable at law.

As you are no doubt aware, section 77(6) of the Consumer Credit Act states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

And

(b) if the default continues for one month he commits an offence.

Whilst the account is in dispute, you are not permitted to ask for any payment, nor are we obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party) or pass any information to a third party.

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. Furthermore, this letter provides statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from our records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide us with a detailed breakdown of your reasoning behind continuing to process our data.

It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share our data without consent will be met with a complaint to the Information Commissioners Office.

Should you continue to allow Link Financial to contact us regarding this alleged debt, we will welcome the opportunity for a judge to look at several offences committed by you under The Consumer Credit Act, 1974, as well as your non-compliance with and total disregard for the law on this occasion.

You now have 14 days from receiving this letter to contact us with your intentions to resolve this matter which should be considered as a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards, alongside any other regulatory bodies as deemed appropriate. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

To sum up, we will not be making any further payments to you until YOU provide us with the complete documentation requested. Should you not have a fully compliant signed credit agreement in relation to this alleged debt (or true copy thereof), you must confirm this in writing to us.

If you do send a true copy of said document in its fully compliant form, we will be happy to discuss this further and subsequently send you a Subject Access Request asking for a breakdown of all information you hold on file about us (or have ever held), including a list of all charges applied to the alleged account.

No further correspondence will be entered into until the required documentation has been produced by your company to our satisfaction and is legally acceptable.

We would appreciate your due diligence in this matter and look forward to your reply.


Yours faithfully
Mr And Mrs Piesky

[piesky]

Re: GE Money V Piesky

I've just noticed that there is a £45 acceptance fee to be added to the agreement. Is this right and valid?

[Curlyben]

Re: GE Money V Piesky

Well that's loo roll.
It's missing a number of prescribed terms and as such is for toffee.
The interest rate is incorrectly stated and also there is NO total cost of credit or even the total amount payable !!

I couldn't see the £45 acceptance fee, where's that mentioned ?

[piesky]

Re: GE Money V Piesky

Item H on the first page

[Curlyben]

Re: GE Money V Piesky

OK I see it now.
Well without the totals the agreement is for toffee anyway.
Just another TP

[piesky]

Re: GE Money V Piesky

CB, Could you list the missing prescribed terms for me and I'll respond telling them this is sh..........t
------------------------------- merged -------------------------------
Just another quick question as well. I have eventually received a so-called CCA from Crap One which is a blank application with nothing personal on it whatsoever. Shall I start a new thread for this, scan it in and let you have a look? I have seen other similar docs on here from Crap One.

[Curlyben]

Re: GE Money V Piesky

Just fire off a non-compliance letter to Link and we'll go from there.
Basically it's all to do with the actual values itself.
They are missing the total cost of credit and total amount payable.
Also the interest rate is incorrectly stated as APR when it should be Rate of Interest.
The monthly rate is there, but no total rate. APR is a meaningless term used for marketing.

That's just the major stuff from a quick scan.
Also anything in the attached T&C's can be ignored as the important stuff needs to be within the signature document due to the age of the agreement.

Cap1 yeah new thread please.

[piesky]

Re: GE Money V Piesky

As far as GE money is concerned, I had a loan in 2001 with First National Bank which I've been paying for eight years and they are saying that I still owe £3500?????

[Curlyben]

Re: GE Money V Piesky

Sounds about right.
I see it was a 10 year term anyway..

[piesky]

Re: GE Money V Piesky

Ok. Thanks for your help.

[piesky]

Yeah, Loan in March 2001 for £5578. Being paying up to December 2008 at £120 per month ish and they are saying that £3500 is still owed. I've paid nearly £10,000 on this already !!!......and yet the balance has only reduced by just over £2000

[Curlyben]

Re: GE Money V Piesky

Yeah sounds about right.
Bear in mind £120 a month for 120 months is £14,400.
So you've paid 8 years £11,520 leaving about £3k.

This is all academic anyway.

[piesky]

Re: GE Money V Piesky

Desperate help please. I have still not had any response from GE Money reference my CCA request and as posted above, they sold the debt to Link Financial. I have reminded GE Money of their responsibilities on numerous occasions and also written to Link financial informing them of the current situation, etc. Link Financial have now put this into Northampton County Court and both me and my OH have received court papers today.

Please help with this as I don't know what to do here.

[Curlyben]

Re: GE Money V Piesky

Don't panic at all here.
This isn't the end of the world at all.
Could you possibly post up Link's POC and we'll assist from there.