This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Great stuff!

One question - as your claim is well over £5000, what would your liability be if you were to take them to court and lose ?

I am about to go after GE Money for £8000; according to my legal advice line (courtesy home insurance) I would be liable for all their costs as I am over the £5000 small claims limit. Is that correct ?

I now have the required information and am about to send out the prelim letter (thanks Dogwash!).

One thing - my ERC is over £5000, the total claim will be around £8000; what is the potential risk and costs if I end up issuing proceedings as this will take me over the Small Claims limit ?

Thanks

Tazz

thanks, proof of receiving docs is a problem, how about signed for postings, do they say they are missing also.

I sent my SAR by Special Delivery; even though they signed for it they did not admit to receiving my letter and fee as "it had gone missing internally". The compliance department refused to send my statements as they did not have my request.........

They are unbelievable.................

If anyone would like to use Moneyclaim and does not have access to an English address - pm me ...................

Tazz

Received phone call - they admit that the person that signed for my S.A.R - (Subject Access Request) works for them, but they have no record of my letter or payment (postal order).

If I want my statements they have told me I need to send another S.A.R - (Subject Access Request) and another fee! :x

What would be the quickest way of getting my statements as I would really like to get the ball rolling with this crowd; grit my teeth and send another SAR request and fee (as my lawyer advised ) or give them 7 days to send out the statements ?

Their internal procedures are of no interest to me - they signed for my letter and I want my statements !!

I sent my SAR off to this bunch in September. I realised this morning that their 40 days were up so I phoned them.

After being passed round 6 departments, 25 minutes later I finally got passed to one of their ever helpful and friendly advisers who told me they had not received my request.

After mentioning it was sent Special Delivery I was told to phone back with the receipt number and they would look in to it.................

So after a quick call to the Post Office and armed with a email showing the signatory I phoned back these friendly chaps at GE Money. This time - after explaining they had exceeded the 40 day limit, and despite giving the name of the signatory they still would not accept receiving the request. They then demanded to know why I wanted the information !

I have been promised a phone call today letting me know the situation. Though I must say -having experienced their friendly customer service again - why on earth did I leave them ?

Very best of luck to you' date=' kick some butt! I'll be following right behind, should they decide to answer my S.A.R - (Subject Access Request).[/quote']

 

How long you been waiting for your statements ? I have not heard anythig back from them yet..........

Hi it’s me again just received this letter back this morning

 

Thank you for your letter dated 28th Sept 2006, which I read with interest

 

The loan agreement you signed clearly states the terms for settling your agreement early.

 

You refer to ‘unfair terms in consumer contract regulations’ which clearly state a term is only unfair if ‘contrary to requirement of good faith it causes a significant imbalance in the parties’ rights and obligations under the contract, to detriment of the consumers’ and in addition a standard term must be expressed in plain and intelligible language

 

This condition does not breach this test.

 

Your contract was regulated under the consumer credit act 1974. The terms of your settlement would have been calculated according to the calculation in the act known as rule of 78. The interest you have been charged complies with the rule of 78, which is clearly defined under statute and further indicates no ‘unfair term’ exists

 

You mention fees of £272 that have been levied to your account. These fees are clearly identified on our tariff card and provided on completion of your loan. The OFT has clearly identified late payment fees on credit cards as unfair and set a maximum of £12 but are still investigating other charges levied by banks and financial institutions. Obviously the facility provided to you doesn’t fall under the definition and furthermore the OFT comment was not retrospective.

 

I respectfully suggest you take your own independent legal opinion before progressing further with your claim.

 

It is important that your issues are fully addressed. Therefore, if you have any further queries relating to this matter, or remain dissatisfied, please do not hesitate to contact m and I will arrange for your complaint to be escalated. Alternatively, you may follow the steps detailed on our internal complaint procedure.

Signed by a Terry Grainger.

 

What next are they right in the first part?

 

Do I send of the 2nd letter I’m frightened they might have a point?

I had pretty much the same response to my LBA; onwards to Moneyclaim!

thanks for that, just rang them and they are sending me out all the details of transactions on the account.

Tracey

Good luck Tracey !

I am a week past the LBA stage - no response yet............

Claim has been acknowledged - I wait with baited breath.

 

Fingers crossed Les !

14 days in total Suzy - then on with the claim!

Thanks Les.

I look forward to seeing some progress with your claim - once they find it that is.............

Interesting stuff Les - I am just about to start against this crowd.

May I ask - which address did you use for the SAR ? Did you go through the registered address or via Capstone ?

Tazz

Well - a quick reply from Endeavour, stating that the "statement by the OFT relates to bank accounts and credit card companies and does not relate to mortgages"

LBA being sent tomorow............

Will be watching how you get on with GE Money with interest Sammy - I am just about to start against them..........

tazz

Prelim letter sent today - lets see what happens.

Well done !

A bit behind schedule Ting Tong.............but - hey ! Result !

Enjoy.

Tazz

Any news Ting Tong ?

Better in your pocket Dayglo !

Thanks for posting the letter - very interesting !

I now have my statements - my account was closed in April 2003, just after you. They charged me Settlement Interest, Settlement Admin fees and Settlement Penalty Interest of £1100.

Prelim off tomorrow..............

Tazz

Tazz

Ting Tong,

Remember the money can go in any time; my first claim's cash went in after 630pm - so keep checking !!

HI twinkler,

I have been trying to find an answer to the same question ! Did you find anything ?

Heard anything from them Dayglo ?

I am still waiting for my statements ! I have sent the ID they requested; my original request was received by them on July 24th, so starting to get close to the 40 day limit............

Tazz