AA99 v GE Money Car Loan

[AA99]

UPDATE

Handwritten envelope postmarked 16th, 34p, arrived on 18th. No covering letter but p.1 of 4 and p.2 of 4 per attached together with 4 photocopies of the invoice and my driving licence.

 

I have written the Charges figures because they looked too small on the scan.

 

To summarise, I am going to write to them pointing out the Default Notice is not valid. My arrears must have the monthly charges of £45 (30+15) taken off, they must temporarily accept my hardship offer of £55 p.m. (as they suggested)

 

Anybody know if Mark Metcalf is still around? My letters all come from Judith Cochrane.

[AA99]

UPDATE

 

Received on 18th, posted on 16th, 34p letter, enclosing photocopies of p.1 of 4 and p.2 of 4 of CCA as attached.

 

Also enclosed 4 pages of copies of Carcraft invoice, and my driving licence.

 

No covering letter.

 

To summarise,

* I need to point out my arrears must have the charges deducted, (£45 each time, £30 + £15)

* Their Default Notice was not valid.

* They have yet to acknowledge receipt of my Hardship letter of 08 Sep with I & E Form offering them temporary arrangement of £55 p.m. as suggested by them on the phone on 08 August.

* I am in receipt of Carers Allowance for Incapacity Benefit and Disability Living Allowance - a car is essential - (as advised secretly by one of their staff on the phone!)

 

Anything else to add re the UPDATE (CCA)

 

Looking forward to hearing from anybody :evil:?:?

[surprise]

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.

[AA99]

The Photobucket images appear to be there although it says they're not!

 

To summarise:

 

* I need to point out my arrears must have the charges deducted, (£45 each time, £30 + £15), currently £150

* Their Default Notice was not valid, not received in time and arrears includes above charges

* They have yet to acknowledge receipt of my Hardship letter of 08 Sep with I & E Form offering them temporary arrangement of £55 p.m. as suggested by them on the phone on 08 August. Copy sent on 26 Sep together with CCA plus Telephone Harassment/Writing only Letter

* I am in receipt of Carers Allowance for Incapacity Benefit and Disability Living Allowance - a car is essential - (as advised secretly by one of their staff on the phone!)

 

I would like to make this letter as Formal as possible and need to enforce this with some rules, so that I can have these charges credited and a reduced payment arrangement up and running............ H E L P :-?

[AA99]

UPDATE

 

No other response received until today, 31st Oct, letter dated 25th October, payment of Arrears of £850 and Charges of £150 demanded within 5 days of the letter:-? otherwise external collection agency will recover the debt and charge me £100 for doing it!:-?

 

Need a strong letter please.....................

[AA99]

Deleted

Edited November 12, 2008 by AA99
Links not working

[AA99]

Letter sent 5 Nov - Answer still awaited

 

 

Huw Vaughan

GE Money

Capital House

Bruntcliffe Way

LEEDS

LS27 0JG

 

 

Dear Sir

 

AGREEMENT NO. XXXXXXXXXXXXXXXXXXXXXXXX

 

I refer to your letter dated 25th October, received on 31st October 2008, wherein demand for full payment (within 5 days of the date of your letter) of Balance £7000, plus arrears of £850 plus Charges of £150.00.

 

I have been endeavouring to resolve my financial situation with this loan since July with your company but seemingly to no avail.

 

25 July I received a settlement figure of £6000 and then proceeded to determine that my car is now valued at £2,000.

08 August I telephoned your office regarding submitting an Income & Expenditure Form and was advised that I could offer a monthly figure of 25% of the balance owing, ie. £55 p.m.

09 August I received a letter from your company acknowledging my financial difficulties and requesting proof of income.

15 August I received another letter dated 10th August showing arrears of £330 of which £120 was charges and giving me 3 days to pay. I immediately replied by email that this was not possible.

03 September I received a Default Notice dated Sunday 31st August giving until 14 September to pay arrears of £570 which included £150 charges. This Default Notice is in itself in default! I immediately telephoned your office to advise I was preparing an I & E Form with attachments.

08 September I sent to you my completed I & E Form together with supporting documents of financial hardship and my offer to repay £55 p.m. on a temporary hardship arrangement.

17 September I received your letter advising that a Default Notice had expired and that I had 7 days to clear the full arrears.

26 September I wrote to you requesting that you cease to harass me by telephone and threats of Debt Collection Agencies and I enclosed a further copy of my letter of 8th September.

 

It is very disappointing that I have received no formal acknowledgement from your company regarding my offer to repay and that you have continued to bully and threaten and harrass me with letters and phone calls and Debt Collection Agencies and further charges.

 

As explained previously, my family are currently only in receipt of DSS Benefits, my husband on Incapacity Benefit, my son on Disability Living Allowance and I receive a Carer’s Allowance for them.

 

It would be my wish to see all these excessive charges removed from my account, and a replayment plan put into place as soon as possible. My only alternative will be for this case to go to court which would surely not be beneficial for either party.

 

Your reply is awaited.

 

Yours faithfully

AA99

[AA99]

Letter dated 5 November received today, 12 Nov, from European Debt Registry Ltd, giving 48 Hour Notice to collect £7k plus £150 charges. Failure to satisfy the Terms of Agreement may result in court proceedings being taken against you.

[surprise]

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.

[AA99]

Tkuvm for that

[AA99]

Replied to EDR on 19 November and advised I am corresponding with GE Money direct and have been since 25 July. I have sent an I&E form 3 times.

 

Today received a Letter dated 19 November from EDR giving Final Notice saying you have failed all of our attempts to help you resolve the arrears on your agreement. As a result we are in the process of passing your agreement back to our clients with the recommendation that they progress with legal action.

 

Where to now This is my car finance !!!

[42man]

You might find this of interest AA - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[AA99]

Thanks 42man - very interesting.......

 

Please can someone comment on my Default Notices Arrears in DN include charges

 

 

 

 

 

 

 

 

[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.

[AA99]

It was dated 31 August, received 3rd Sep, so the good Lord only knows when it was posted. The amount includes 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.

[AA99]

I have actually done this twice already, 5th Nov and 19th Nov. Have a couple of very nice recorded calls from EDR received twice in the last week. I basically told them to stop phoning me and respond to my letters in writing only.

[42man]

I'm not an expert on DN's AA99 but this might help - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/132160-really-confused-3.html

[surprise]

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

[AA99]

Yet another letter dated 26 November, receivon 4 December, asking me to fill in an I & E Form - how many times exactly?

 

Letter dated 4 December, received 6 Dec from SHOOSMITHS, instructed by GEMoney to collect arrears plus their charges!

 

Letter dated 11 December, received 12 Dec from Shoosmiths referring to previous letter and advising it is imperative to contact us on 1234567, blah blah

 

They have an email address - is there anything now to send?

 

?:?

[AA99]

16 December I accepted a recorded phone call from Shoosmiths. She didn't seem to know much about my account and had only phoned to arrange collection of the arrears. Wanted 30% of the arrears which included their £100 fee! I did advise her to get back to her client, GEMoney who will tell them that my account is in default due to the defaulted Default Notice and I was still endeavouring to set up an acceptable repayment plan.

 

She didn't know if it was a Hire Purchase Agreement or a personal Loan. My CCA clearly shows it as a fixed sum Loan. Having scrutinised the Agreement more closely, the less happy I am with the figures that Carcraft compiled............:?

 

Can they repossess my car ????

[42man]

What is it about the figures AA99 ? Have you worked them out to see if they are correct ?

[42man]

Did you see this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[42man]

Ah yes you did....apologies...

[pt2537]

16 December I accepted a recorded phone call from Shoosmiths. She didn't seem to know much about my account and had only phoned to arrange collection of the arrears. Wanted 30% of the arrears which included their £100 fee! I did advise her to get back to her client, GEMoney who will tell them that my account is in default due to the defaulted Default Notice and I was still endeavouring to set up an acceptable repayment plan.

 

She didn't know if it was a Hire Purchase Agreement or a personal Loan. My CCA clearly shows it as a fixed sum Loan. Having scrutinised the Agreement more closely, the less happy I am with the figures that Carcraft compiled............:?

 

Can they repossess my car ????

 

#NO they cannot repossess your car!!!!

 

If the credit Agreement states fixed sum credit and NOT hire purchase then they are screwed, DO NOT give them the car under any circumstances