ge money store card

[mattie10]

i had a store card, one of three with ge money. only one i owed a balance on the others were paid up a while ago (less than 6 years). ge money came after me for the money but i paid a lot of charges including ppi over 6 years and gave the matter to a company collecting ppi and excessive charges. now the one i owe money on produced the cca back to 2003, but the account lapsed in 2006 but they restarted it again same account number. once i started complaining about the charges the debt was so i understand sold to link, i corresponded with link but eventually my defence was struck out even though i am dealing with the financial leasing assoc,(or the charges company is no my behalf). i now have a judgement and have up to end of month to counter it.

 

i need to instigate an application for the judgement to be set aside and a counter claim to be issued. i am roughly sure of the amount as it was given to me over the phone today, but the charges company are being a bit cagey and wont give me too much info. the other 2 cards i had i have no information on as ge have not responded to me or to the charges company. can anybody give me info what application i need plus what to put on a claim.

[MAGDA]

i had a store card, one of three with ge money. only one i owed a balance on the others were paid up a while ago (less than 6 years). ge money came after me for the money but i paid a lot of charges including ppi over 6 years and gave the matter to a company collecting ppi and excessive charges. now the one i owe money on produced the cca back to 2003, but the account lapsed in 2006 but they restarted it again same account number. once i started complaining about the charges the debt was so i understand sold to link, i corresponded with link but eventually my defence was struck out even though i am dealing with the financial leasing assoc,(or the charges company is no my behalf). i now have a judgement and have up to end of month to counter it.

 

i need to instigate an application for the judgement to be set aside and a counter claim to be issued. i am roughly sure of the amount as it was given to me over the phone today, but the charges company are being a bit cagey and wont give me too much info. the other 2 cards i had i have no information on as ge have not responded to me or to the charges company. can anybody give me info what application i need plus what to put on a claim.

 

 

Hi there, you need an N244 to apply. I would send a SAR to GE Money/Link if I were you and ask for a full set of statements relating to the accounts and any other information they hold. That way, you can calculate the charges yourself. I really wouldn't take their word for it over the phone, and then there is interest to be added on top of that as well. I know you are very limited for time though, so might be possible to get some kind of extension pending the information from GE. The company acting on your behalf, I have to say, don't seem to be doing a very good job, and it may be you would be better acting on your own behalf, as you can get a lot of help on this forum from some of the experts here. In the meantime, this might be of help: http://www.bdl.org.uk/images/12_how_to_set_aside_a_judgment_in_the_county_court.pdf

Magda

[diamondgirl]

GE Money are very slow in sending anything I'm up to 29 days of the 40 and not heard a peep. DG

[MAGDA]

Just to add, if you do ask for an extension of time, I think you can also use the N244 form for that also. Might be a good idea to get a bit more breathing space until you have all of the information you will need. Did you ever receive a Default Notice from GE Money and has the debt actually been sold (assigned) to Link. If so, a Notice of Assignment should have been received also. These are just some points in addition to the charges that you may be able to focus on, as well as the PPI of course. The following Link might be useful:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf Unfortunately there is a fee for the application for an extension/set aside, but if you meet the criteria, you may not have to pay?

 

Magda

Edited April 16, 2009 by MAGDA

[mattie10]

i will let you know how i get on with this. i have only got some statements but they were sent to me by link and not ge money. link say they have nothing to do with the charges applied to my account only getting the debt back. yes i have got a default notice and notice of assignment stating that they have bought the debt. i was told when i phone the FOS that they cannot take the benefit of the debt and forget about the charges in other words cannot take the good without the bad is that right?

i will have to look up the subject access request what powers does this have if they do not comply? i did ask for the statements last year and got nowhere i paid the ten pounds and it was credited to my account and no statements sent. as soon as ge money got wind of me complaining about charges the debt was then sold to link - funny that.

[MAGDA]

i will let you know how i get on with this. i have only got some statements but they were sent to me by link and not ge money. link say they have nothing to do with the charges applied to my account only getting the debt back. yes i have got a default notice and notice of assignment stating that they have bought the debt. i was told when i phone the FOS that they cannot take the benefit of the debt and forget about the charges in other words cannot take the good without the bad is that right?

i will have to look up the subject access request what powers does this have if they do not comply? i did ask for the statements last year and got nowhere i paid the ten pounds and it was credited to my account and no statements sent. as soon as ge money got wind of me complaining about charges the debt was then sold to link - funny that.

 

Hi, as far as the charges go, they will need to be claimed back from GE Money, but the SAR can be sent to either. If you have already sent a SAR previously and paid the £10, you certainly should not have to pay again. I would write to GE Money stating that they have not complied with your SAR and that you still await the information requested. I was taken to court by Link for four separate claims last year (all ex GE Money) and GE Money do not appear to have the statements in my case to prove the debt or otherwise. They are required to retain statements for a minimum of six years after the account is closed. If they do not respond to your letter I would make an official complaint to the FOS again. You say that you had a DN and NOA, but are these compliant and also what about the agreement? is there anything there that might make it unenforceable? Magda

[mattie10]

hi thanks magda, the only reason this is going on is the copy of the original agreement was enclosed with the court claim. the agreement whcih dates back to may 2003 is an original but, i did pay the card up twice and had a break without any statements because basically i paid it up and didnt use it for 6 months and when i tried to use it in the house of fraser it as a fraser card, they asked me to sign a new agreement, but somehow they got round that and i was able to use it. just spoke to the information commission office ico, they state that because i asked back in june last year for the statements and i paid the 10 pounds which they added to my account which i have proof as i have the postal order sub same date as the letter. GE money are breaking the law and are liable for damages. i might have to use this in my claim as the FOS really are only dealing with it through the charges company. according to the ICO these companies have to keep the information in one form or another, if they do not keep the statements then i was told there are other ways of obtaining the information. so there is no escape for these companies when they say it is lost????? really its just an excuse.

[MAGDA]

Yes, they should keep all information relating to the account such as statements for the period specified, so keep pushing them, especially as they have cashed your cheque anyway. Good luck with this and keep us posted of any updates, Magda

[mattie10]

hi magna just a quickie dont go.....

just been on a link through google.

re this notice of assignment ... i have an exact copy of one that is printed under thread GE, Money, Link Financial and court cas by I've got no money on 12th june 2008 stating that basically the person who is selling has to tell you their debt is going to be sold to. ie the asignee .. I've got no money states this doc is illegal is this true do you know anything..

[MAGDA]

Hi Mattie, sorry had already gone. In theory the assignor (person selling the debt) should notify you that the debt has been sold, but as far as I am aware, it can come from the assignee (Link). It would make more sense the otherway around, as how do you know the 'new' company, i.e., Link actually has a legal right to collect otherwise? But from a legal point of view, I think as long as a NOA in the prescribed form has been sent by either party, it will stand up in court. Magda