AA99 v GE Money Car Loan

[surprise]

My daughter's car loan is with GE Money and we had major problems with them 2007. They issued a default notice which was not valid. Judging by the dating of yours I would say the same thing has happened with you as my daughter.

 

Firstly, a default notice you should be given 14 days. As you say, GE Money always date theirs on a Sunday. So the chances are you probably wouldn't have received it until the Tuesday thereby not giving you 14 days. You need to keep your envelopes with GE Money.

 

I would be inclined to write to GE Money and tell them that the default notice that they have issued is not valid. Also the amount shown should not include charges, so if they have included charges again this is not valid.

 

I dealt with my daughter's case from February 07 to August 07 when I wrote to the Chief Executive and threatened legal action. Within 2 days of this letter being delivered I had a phone call from Head of Complaints. My daughter finished up with £1,500 compensation. He said to me on reading the file he was highly embarrassed and lessons needed to be learnt.

 

Doesn't seem that they have learnt any to me as the dating of default notices was one that I highlighted.

[surprise]

Yes its worked. If you didn't receive this until 3.9.08 and they want it rectified by 14.9.08 then you haven't been given the 14 days statutory notice.

 

Write to them saying thank you for the Default notice dated Sunday, 31st August, received 3.9.08 settlement date 14.9.08. As you are aware this Default Notice is not valid as you have not given me the statutory 14 days notice to rectify the situation. How you deal with this is then up to you. I would certainly be stating that they shouldn't be registering this with any CRA's as you will take legal action if necessary against GE Money and will be seeking compensation. Is the amount correct? This should be shown as the amount you are in arrears and should not show any penalty charges. You also need to point this out to them.

[surprise]

Should you need it Head of Complaints is Mark Metcalf (that is if he has still got a job after how much my daughter's claim cost last year, ie £9.500 in the end).

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Write back to this Judith and say you acknowledge receipt of the doucments but you have yet to hear from them with regard to the repayment offer made.

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Thats their inhouse debt collection department. I would just drop them a line and enclose a copy of your last letter at the same time telling them to pass it back.

[surprise]

When did they post it - they should give 14 days clear notice. As you didn't receive this until 3rd September, they haven't given you the required notice. My daughter had the same with them. I wrote and told them it wasn't valid. Also, are there any charges in this total as again the figure has to be a true one which doesn include any charges.

[surprise]

All what you have received is what my daughter received. Despite Head of Complaints advising me that they had lessons to learn following my correspondence they obviously havent' learnt them.

 

I would send a letter to Head of Complaints - you could always phone us to see who it is now so that you can address it personally, also copy in the Chief Executive. Explain the position and say that the default notice they have issued is not valid as (a) contains charges (b) doesn't give the requisite 14 days notice. Unfortunately, we were dealing with them from February to September before we got sorted.

[surprise]

The point is if they did take you to court the Judge would only make you pay what you can afford.

[surprise]

Watch 'em. I had 9 of these letters every four weeks got the same letter. Its because they don't know how to deal with the matter, so much for their Head of Complaints saying to me that lessons would be learnt. They obviously don't listen to him either. I think you need to send all your correspondence to the Chief Executive. You will need to ring them and ask who it is and where he is based. HE was in London when I wrote to him.

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Don't waste your time with the FLA - did abosolutely nothing to help. All I kept getting was they were awaiting a response from GE Money.

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42MAN - I had Citi sell on a debt whilst complaint was actually with the FOS. When I quoted what you've just said, as I was under the same impression, the FOS emailed me and asked me where I obtained this information from. Basically, they are a waste of space when it comes to anything like agreements and OFT Guidelines. However, the FOS did pursue Citi and Citi had to buy it back from 1st Credit.

[surprise]

Personally, I would invest a £1.00 and send for a copy of the agreement. You will then see whether GE passed the agreement over when they assigned it. Quite often they don't. Don't forget don't sign the letter. I think you already have a copy but don't worry about that, it is worth seeing what they have.

[surprise]

Yes, send a CCA request to Link - if they have got a copy then they are snookered, all the threats in the world won't do them any good. Quite often no paperwork gets handed over, if they can't supply you with a copy and they have to ask GE for it there is no saying they will hand it over. I presently have a case where a DCA has bought a debt with no paperwork and the original creditor have been asked for the agreement and have not handed it over.

[surprise]

The reason I would CCA them you would know exactly what paperwork they have got and it would give you peace of mind if they couldn't come up with the agreement. You would be in a stronger position if they fail to come up with a copy of the agreement within 12 days.

[surprise]

Paul

 

Agreement in #59