Tamadus v GE Money

[tamadus]

I was planning to leave this crowd for the next wave of actions as the charges do not amount to a great deal but I sent a DPA SAR at the beginning of August in preperation which they received on 8/8/06 and cashed the cheque on 10/8/06.

 

Today (4/9/06) I receive a letter from a DCA called AssetLink Capital claiming they bought the debt on 30/8/06. This looks to me like GE are trying to avoid their legal obligations under the DPA.

 

I phoned AssetLink and spoke to one of their account managers who after trying to tell me the terms and conditions are lawful (where have I heard that before ) asked me to send copies of the SAR and proof of receipt so he can look into it further as no mention was made on the file. No mention was made that this is also covered by a DMP with CCCS.

 

I told him very politely that as far as I was concerned GE know this is in dispute and my SAR stands under its original timeframe of 40 days from the 8/8/06 after which I will issue action for non compliance. I suggested it might be advisable to pass the entire file back to GE which he agreed could happen. I also told him that its obvious GE are trying to avoid their legal responsibilities and that a court was certain to agree considering the dates involved and that the account is clearly in dispute.

 

About to draft the letter to them along with appropriate copies and detailing the reasons why it is in dispute.

 

Watch this space, this could prove interesting.

[tamadus]

Despite speaking to AssetLink last week and telling them specifically NOT to call me on any number they phoned my office today and left a message for me to call them. I posted a letter this morning to them and now it looks like another is on it's way via recorded delivery. Talk about harrasement.

 

Ge Money now have 5 days to get my S.A.R - (Subject Access Request) data back to me then I send an LBA for compliance under the Data Protection Act.

[tamadus]

Well no further contact from the DCA that GE Money passed this over to but also no response to my DPA SAR either. Their 40 days ran out on 16 September so its now been 47 days. Time for a LBA to force compliance.

[tamadus]

Just by way of an update, seems that GEMoney are not really one company anymore but have fragmented into several companies.

 

I sent a SAR to their Leeds headquarters and a reminder when the 40 days expired. Got a letter back from GEMoney Home finance basically telling me I have to make another SAR as they are a different company. - Sorry I sent it to cover any and all accounts held by any and all GEMoney companies.

 

I just had a phone call from a DCA called Link Financial . It appears GE money have sold one of the 3 accounts I hold with them on. So I explain to the woman that the account is seriously in dispute and proceedings are abbout to be issued for non- compliance of the DPA, that included in my SAR I specifically asked for a copy of the credit agreement. She did say she will contact GEMoney on my behalf and request the agreement but I said I will still make a formal request to Link for it as that then puts it under the time limits of the CCA She will also persue them over the SAR if I write in with the details but I am more inclined now to just issue an N1 for non-compliance.

 

The really good bit is they seem to believe that GE will have filed a default notice before selling the account onto them. I have recieved NO default notice (and no notification they were going to) so they are immediately in trouble over falsely recording a default.

 

All in all it looks like GEMoney have some serious problems heading their way. This is definitely a result of my reminder and warning over non-compliance of the DPA.

 

November is looking like a less boring month all of a sudden

[e28bigalbexley]

Hi Dave

 

Yep sounds like Ge money that second acc i have with them, i got a letter on the 19 oct saying

'we now have no alternative but to issue a Statutory Notice Default. The notice is a legal document we are required to serve to each customer in the contractual agreement. A fee of £25 will be charged for each notice'.

26th Oct

Please note you must pay the full arrears within 7 days of the date of this letter. You can pay by...................................... If you fail to make payment within this period a Stautory Notice of Default will be srved and if not complied with followed by a notice calling in the balance of the account.

 

Thats not how a default notice is set out in the OFT guidelines no mention of the act,provision breeched ect. Yes does look like they are shirking their responsibilites again Dave looks like they are asking for a clobbering i think its ing that they should act this way

 

 

 

[deleted: please do not post links to spyware sites : thankyou ]

[tamadus]

Hi Dave

 

Yep sounds like Ge money that second acc i have with them, i got a letter on the 19 oct saying

'we now have no alternative but to issue a Statutory Notice Default. The notice is a legal document we are required to serve to each customer in the contractual agreement. A fee of £25 will be charged for each notice'.

26th Oct

Please note you must pay the full arrears within 7 days of the date of this letter. You can pay by...................................... If you fail to make payment within this period a Stautory Notice of Default will be srved and if not complied with followed by a notice calling in the balance of the account.

 

Thats not how a default notice is set out in the OFT guidelines no mention of the act,provision breeched ect. Yes does look like they are shirking their responsibilites again Dave looks like they are asking for a clobbering i think its ing that they should act this way

 

 

 

 

 

 

[deleted: please do not post links to spyware sites : thankyou ]

The best bit here is that I have had NO correspondance with them about this account since they accepted a DMP in March through the CCCS.

 

It is also well over 12 months since they sent me a statement of the account, and they have not even sent me anything to say they were now going to default it.

 

I'll be checking my credit file with all 3 CRA's in the next week and if they have recorded a default then I will immediately issue proceedings on them. If Link Financial want to be caught in the crossfire then its up to them.

[Guest The Terminator]

Hi Dave

 

Yep sounds like Ge money that second acc i have with them, i got a letter on the 19 oct saying

'we now have no alternative but to issue a Statutory Notice Default. The notice is a legal document we are required to serve to each customer in the contractual agreement. A fee of £25 will be charged for each notice'.

26th Oct

Please note you must pay the full arrears within 7 days of the date of this letter. You can pay by...................................... If you fail to make payment within this period a Stautory Notice of Default will be srved and if not complied with followed by a notice calling in the balance of the account.

 

Thats not how a default notice is set out in the OFT guidelines no mention of the act,provision breeched ect. Yes does look like they are shirking their responsibilites again Dave looks like they are asking for a clobbering i think its ing that they should act this way

 

 

 

 

 

 

[deleted: please do not post links to spyware sites : thankyou ]

25 notes for a Default notice.They are being comical here and that's unfair charge within itself.

[Guest The Terminator]

The best bit here is that I have had NO correspondance with them about this account since they accepted a DMP in March through the CCCS.

 

It is also well over 12 months since they sent me a statement of the account, and they have not even sent me anything to say they were now going to default it.

 

I'll be checking my credit file with all 3 CRA's in the next week and if they have recorded a default then I will immediately issue proceedings on them. If Link Financial want to be caught in the crossfire then its up to them.

 

Tam: How about fighting fire with fire yer know sending these clowns a default notice then see how long it takes for their crapper to go

[tamadus]

Tam: How about fighting fire with fire yer know sending these clowns a default notice then see how long it takes for their crapper to go

 

Could do but I think a court order for non compliance is still in order Double non compliance as I withdrew permission for them to automatically process my data

[Guest The Terminator]

Could do but I think a court order for non compliance is still in order Double non compliance as I withdrew permission for them to automatically process my data

 

When they sold the account no doubt they didn't issue a "Deed of Assignment" which would make it unenforcable for starters.

[tamadus]

When they sold the account no doubt they didn't issue a "Deed of Assignment" which would make it unenforcable for starters.

 

Forgot to mention I also told Link Financial I want a copy of the deed of assignment lol:lol: poor woman passed me onto her manager who bent over backwards to be nice and obliging. She obviously realised I know what I am talking about and wasnt going to take any c*** from them

[Guest The Terminator]

Forgot to mention I also told Link Financial I want a copy of the deed of assignment lol:lol: poor woman passed me onto her manager who bent over backwards to be nice and obliging. She obviously realised I know what I am talking about and wasnt going to take any c*** from them

 

Nice one Tam:lol:

[tamadus]

Nice one Tam:lol:

 

Thank you kind sir the manager backpedalled so fast and admitted she didnt have a clue what the regulations and sections I quoted meant lmao. Maybe their legal department will but somehow I doubt it

[tamadus]

Time for an update on this crowd of muppets who are rapidly heading into so much s*** they are going to wonder which way is up.

 

I hold an account with GE (woodchester as was) in Leeds and 2 with GE Home finance (formerly FNB)

 

Early August I sent an S.A.R - (Subject Access Request) to leeds covering all 3 accounts, which should be valid as even though they have seperate data controllers they also have registration that allows them to move data between companies in their group.

 

End September I wrote reminding them of their obligations, in the meantime they passed the woodchester account to a DCA (Asset Link)

 

Early October I finally get a reply saying they have received my SAR and forwarded details to the Home Finance company, to which I reply with another letter detailing their obligations and including a Subject Access Notice under Data Protection Act sec 10/11/12

 

Ge home finance now reply saying I have to make a seperate SAR to them, believe it or not on a letterhead with NO address or phone number. They then pass one account to Asset Link, who 1 week prior to assignment register a default against me. I then send a letter a couple of weeks ago informing them I am about to make a formal complaint to the Information Commissioners Office.

 

In the meantime I make a CCA 77 request to Asset Link and demand a copy of the deed of assignment as well as a full statement of account and a signed copy of the alleged agreement.

 

Document received today, include the agreement and statement of account which shows unlawful charges as well as the original amount being £30 more than it was on the agreement. NO deed of assignment as they consider it confidential information lmao. Also despite GE being told by CCCS that I was going onto a DMP with them they have refused to suspend interest so I have been paying them £10 each month while they add on over £70 a month in interest. I call that responsible lending and helping customers in financial difficulties.

 

I have just completed the complaint to the Information Commissioners Office which will be posted in the morning. A further complaint is going in regarding Asset Link as they are passing my data between their companies without my consent. (very similar set up to Cabot) I am also now going to make a formal complaint to the OFT and Trading Standards about both of these companies.

 

I am very tempted to stop payments to them as well in order to force them into either taking me to court for a CCJ (which stops the interest) or to forget the entire thing and write it off.

 

Comments anyone ?

[Typhoon]

GE are without doubt the biggest load of cowboys in the industry mate. I seriously doubt they'd have the brass neck to take you to court after their behaviour which can only be described as a flagrant and willful display of disregard for the CCA 1974 by which they are bound.

 

Write to them pointing out all of their acts of non-compliance with the act and then don't pay them a penny more. If they have any sense whatsoever, they'll write it off before a judge throws it out of court.

 

They can't just make up their own rules and apply them willy nilly.

[tamadus]

GE are without doubt the biggest load of cowboys in the industry mate. I seriously doubt they'd have the brass neck to take you to court after their behaviour which can only be described as a flagrant and willful display of disregard for the CCA 1974 by which they are bound.

 

Write to them pointing out all of their acts of non-compliance with the act and then don't pay them a penny more. If they have any sense whatsoever, they'll write it off before a judge throws it out of court.

 

They can't just make up their own rules and apply them willy nilly.

 

I plan on writing to them along with complaints to the ICO , OFT, Trading Standards and the FSA.

 

I need to check some rules or regulations somewhere as I am sure there is something, somewhere that says they should at least suspend interest and charges in financial difficulties.

 

I'm very tempted to push them into taking it before a judge, I'm sure their blatant disregard for both the DPA and the CCA as well as OFT and other industry associations would go down like a lead balloon.

 

I'm not convinced either GE or Asset Link and its group of blind companies have any sense whatsoever.

 

I'm hoping to formulate my OFT complaint ot bring serious doubts about their fitness to hold a consumer credit license as its very obvious they are not fit.

 

Watch this space this is going to be a long drawn out battle and if the MIB's are watching I WILL WIN IT.

[Typhoon]

An outstanding plan Tamadus. I will do the same if they don't comply with my SAR. Looks like you know exactly what you're doing.

 

I'm almost certain they were still applying interest to my account after they defaulted it. They haven't sent me a statement in 15 months and haven't been in contact for roughly 12. It was an unsecured GE motor loan and even though not secured on the car, they registered a finance agreement linked to the vehicle with the Credit Reference Agencies. I insisted that this was removed and they had no choice but to comply. After I fell on hard times, they threatened repossession of the vehicle to which I replied "you have no legal claim to the vehicle". Their attitude was more or less "We're calling the shots and we'll do what we want". Collections agents who are intimidative and ill-mannered are just one of their hallmarks.

 

Nothing would give me greater pleasure than for this lot to have their Consumer Credit License revoked.

[tamadus]

They certainly seem to have that attitude of we are God :o

 

Well I have news for them, they are nowhere near the same sort of league and I intend to prove it to them.

 

Trading Standards were not very amused either this morning and neither are the ICO who will get my very large envelope just after Christmas. By then of course I will have put together a bundle for them about Asset Link and their various company exploits. I was rather pleased when the woman at TS said I look to know what I am doing and I'm on top of them

 

All in all I think Christmas week will be busy but very satisfying as I am almost totally up to date with my own claims and courses of action.

 

Just a couple of complaint packs for the ICO and a couple for the FOS to take a look at:)

[tamadus]

Quick update.

 

Letter received today informing me that my third account with a GE Money company has been assigned to none other than my old friends at Asset Link Capital (no1) ltd. They have immediately passed it onto their group company Link Financial Ltd. I am assuming that they have filed another default without proper notices under the CCA as they did on the last account.

 

NO company within the Link group have my implied or explicit concent to process any information about me whatsoever, especially as I issued a Subject Access Notice on GE Money.

 

They have refused the offer of payment from CCCS for the account passed over to them in October.

 

In light of my last post and this latest little twist, which was totally expected, I have decided to send one last letter to both GE and Asset. This is going to inform them that not only have I made a complaint to the ICO about GE but that a further complaint is going in regarding Asset, and the blatant disregard of the Data protection Act by both groups of cpompanies. In addition I will finish my complaint to the TS/OFT this week so that is going in. I am also about to stop all payments on both accounts in an effort to force the issue.

 

In view of their blatant disregard for the DPA I love the bit on their website about personal information

 

GE Money UK : Footer : Privacy Policy

[e28bigalbexley]

Quick update.

 

Letter received today informing me that my third account with a GE Money company has been assigned to none other than my old friends at Asset Link Capital (no1) ltd. They have immediately passed it onto their group company Link Financial Ltd. I am assuming that they have filed another default without proper notices under the CCA as they did on the last account.

 

NO company within the Link group have my implied or explicit concent to process any information about me whatsoever, especially as I issued a Subject Access Notice on GE Money.

 

They have refused the offer of payment from CCCS for the account passed over to them in October.

 

In light of my last post and this latest little twist, which was totally expected, I have decided to send one last letter to both GE and Asset. This is going to inform them that not only have I made a complaint to the Information Commissioners Office about GE but that a further complaint is going in regarding Asset, and the blatant disregard of the Data protection Act by both groups of cpompanies. In addition I will finish my complaint to the TS/OFT this week so that is going in. I am also about to stop all payments on both accounts in an effort to force the issue.

 

In view of their blatant disregard for the Data Protection Act I love the bit on their website about personal information

 

GE Money UK : Footer : Privacy Policy

 

 

 

 

 

 

 

 

 

 

Security of Collected Information

We will take appropriate technical and organisational measures to ensure that we protect your personal data from unauthorised or unlawful processing, accidental loss, destruction and damage.

 

'Slight hiccupp here then'

[poochball]

I can't wait to see what happens with this one!

[Thailand]

Quick update.

 

Letter received today informing me that my third account with a GE Money company has been assigned to none other than my old friends at Asset Link Capital (no1) ltd. They have immediately passed it onto their group company Link Financial Ltd. I am assuming that they have filed another default without proper notices under the CCA as they did on the last account.

 

NO company within the Link group have my implied or explicit concent to process any information about me whatsoever, especially as I issued a Subject Access Notice on GE Money.

 

They have refused the offer of payment from CCCS for the account passed over to them in October.

 

In light of my last post and this latest little twist, which was totally expected, I have decided to send one last letter to both GE and Asset. This is going to inform them that not only have I made a complaint to the Information Commissioners Office about GE but that a further complaint is going in regarding Asset, and the blatant disregard of the Data protection Act by both groups of cpompanies. In addition I will finish my complaint to the TS/OFT this week so that is going in. I am also about to stop all payments on both accounts in an effort to force the issue.

 

In view of their blatant disregard for the Data Protection Act I love the bit on their website about personal information

 

GE Money UK : Footer : Privacy Policy

 

Teach them a lesson, Tam:mad:

[mark4better]

Hi im new to this site but have been compelled to read the posts regarding GE & Asset Link, i had a car on finance through GE i Paid over 50% of the value of the car cash £4500 and took the rest on the finance package. i made payments of £150 per month for about 11mnths and then was made redundant. since then i have made no payment to GE. However, after approx 12mnth of no contact i recieved a letter from Asset Link demanding the balance of the loan plus the interest that would have been acrued over the 3 yr period? (im not sure this was in the agreement) or repo of the car, i called them imeadiateley to explain i am now a full time mature student and cannot pay what they want, i also have other PRIORITY debts to local council etc they said the car would be taken they would send me the forms. When the forms arrived they were voluntary surrender forms? so i called them as their assosiate said COMPULSARY repo. Their agent was extremeley dodgy he said that he was going to put on my records that i was holding the car to ransome i refused to pay them and he would adv GE to sue me, none of which i said and when i tried to adv him of my position he said "im not prepared to give you any more airtime on this" and hung up?? 4 days later another voluntary surrender form (not the compulsary repo order i was adv on the phone) oh and by the way he guaranteed me if i surrender the car i would get £7000 at auction and i know that i would be lucky to get £3500 for it privateley. Any way i called the CCCS and they said it sounds like either an unsecured loan or as i have more thatn a 50% share in the car it has become 'protected' and a court order is needed to take the car. they told me to send a request for a copy of the credit agreement to confirm my position, this was the 11th of nov 06 i still have had no reply regarding my agreement and keep getting calls on my partners mobile from Asset link threatening her and myself that bailiffs will call etc. now thats off my chest any ideas on where to start tackling this? idont have access to my credit file and i dont have a copy of my credit agreement and Asset Link are so unreasonable and corrupt i cant speak to them as they wont listen to FACTS and just try to manipulate and lie their way to a payment from me.

[tamadus]

Unfortunately I can see this one dragging it's heels a little bit as gathering the precise information I need is taking longer than expected. But rest assured I will go get them

 

Mark4better. Can I suggest you start a thread of your own, that way it wont get confused with mine and we can target help a lot better. Leave a link in this thread to yours and I'll sub to it

 

Reading your post gives me some ideas.

 

1. what was the total amount owing? I suspect you may have paid more than 30% of the finance package in which case they can only repossess the car by getting a court order first, thats why they keep sending voluntary repossession forms.

 

2. Did you send your CCA request by recorded delivery and include the statutory fee of £1 ? If so then check the royal mail web site http://www.royalmail.com/portal/rm/trackresults?catId=22700601&pageId=trt_rmresultspage&keyname=3A_track&_requestid=51972

and make sure it has been delivered and the date of delivery. The allowed times start from date of delivery. Assuming it was delivered and payment enclosed they are now not only in default but have also commited an offence, contact trading standards and report them. Also write to them reminding them of their obligations under the CCA. Tell them to put everything in writing, phone calls are not sufficient at this stage. Also tell them you do not acknowledge thei alleged debt until such time as they supply the paperwork under your CCA request. If that CCA request has been delivered they now need a court order to enforce the entire agreement.

 

3. STOP trying to talk to them and start telling them. DON'T even attempt to reason with them any longer. Make a list of objectives and a timescale and stick to it. Asset Link are only after one thing, your total submission to them and payment, They don't really care what they do to get it so be ready for a fight with them

 

4. Have you had any letters whatsoever from Link Financial? I ask because they tend to use Link Financial as their collection company and there are DPA offences involved in this.

 

5. Are you absolutely certain the guy on the phone said he was working for Asset Link Capital (no1) Ltd? I ask this because Asset Link Capital (no1) do not employ any staff.

 

6. You can get a copy of your credit file by writing to the CRA's and enclosing a payment of £2.00 My guess is you will find a default registered by Asset Link/GE as they seem to register a default without proper procedure on every 'debt' they get their grubby hands on.

 

Start a thread and either reply in your own thread or PM me

[tamadus]

Quick update,

 

Surprise, surprise what should I find when I get home today but a huge envelope from my dear friends at GE Money containing some if not all the data from my SAR which they received at the begining of August.

 

By my calculations they are a little bit outside the 40 days allowed, so I now feel a claim coming on for compensation, I wonde rif this is as a result of the complaint I made to the ICO?