Sarah V GE Money**WON**

[sarahpp]

Sarah

 

I know that you are in the middle of claiming for non-compliance but, if I can go back a little on your thread to the goodwill payment made to C.L. Finance - I had a letter from Cohens this morning enclosing a deed of assignment so, they had definately sold it on in my case.

 

My point is that if G E do not hold title over the alleged debt in your case there is no way that they should have made payments to third parties without your authorisation.

 

I know that you are busy with other stuff at the moment but, thought the info may be useful when you are able to get back to actually claiming instead of requesting the documentation they should have sent to you in the first place!

[sarah13]

thanks for that sarahpp will keep it in mind. as you rightly said i am busy with other claims right now like my abbey one which has a hearing date so i am busy assembling my court pack. will look at this one again soon.

[sirddpc]

However, you say they havent supplied the CCA, so on that basis you currently owe them nothing until they provide the copy of the original agreement with your signature on it!

 

Hi ncf355, and thanks for your reply,

 

Sorry to sort of hijack post, I will start a new thread with my GE cases, as there are a few and they throw up some interesting questions which I think will help many other as GE info is a bit thin on the ground. . .

 

just to reply to your comments, It is a tricky one, out of 5 accounts with GE, they have only supplied an agreement for 1 of them, all have balances o/s now with either AK or CL F, the charges + interest add up to near enough the balance o/s, but the big issue for me is the defaults on my credit files, so with that in mind I am thinking do I accept what is offered, then persue the issue of them having/cannot supply the original agreements to work towards getting the defaults removed with CRA's ???

 

How is the "original agreement" thing stacking up at the moment, I read on some posts that there could be a spanner in the works, in so much as they may not have to supply the "signed true copy of the original agreement" ??

[sarah13]

ok got allocation questionnaire- will get that done

[Cat Wasilewski]

Good luck Sarah

 

I'm about to fire off a prelim to GE Money for an old Topshop account. Kick their arses girl!

 

Cat

[TUTTSI]

Good luck Sarah with your claim against GE Money.

I wrote an LBA 2 weeks ago and they have not even replied.

So over the weekend I will start the MCOL.

Regards

DS

[sarah13]

Good luck Sarah with your claim against GE Money.

I wrote an LBA 2 weeks ago and they have not even replied.

So over the weekend I will start the MCOL.

Regards

DS

 

good luck with that!

[sarah13]

took allocation questionnaire to court in person. back to waiting again

[willj010]

What I found particulaly amusing was on their letterheaded response to my SAR, GE bank offer no telephone number or fax number. Think they don't want to hear from me? Hilarious. You can run......and all that. I'm having a similar difficulty as the copy statements do not tell me how much interest I was paying. Any ideas as to how I can obtain this information?

[sarah13]

What I found particulaly amusing was on their letterheaded response to my S.A.R - (Subject Access Request), GE bank offer no telephone number or fax number. Think they don't want to hear from me? Hilarious. You can run......and all that. I'm having a similar difficulty as the copy statements do not tell me how much interest I was paying. Any ideas as to how I can obtain this information?

 

i agree with the contacts thing- just ridiculas! I charged at 29.9%, as they changed me, but i dont have it yet. their good will gestured only the charges. my claim at the moment is just for missing statements, meant to change it to incorporate the interest but have been taken up with my other claims. So will persue the interest when i have the charges on the missing statements. Good luck with your claims!

[sarahpp]

I charged 29.9% also

[willj010]

Thanks very much, I'll go with that then

[sarah13]

Have been contacted by Salans Solicitors regarding my husbands time card claim that i have also brought to court stage. Time Retail Finance is Comet Card who are owned by GE Money (i didnt know that b4) They have said that they will be calling me back tomorrow to discuss a settlement on both this and the time card claim- great news.

My time thread is here http://www.consumeractiongroup.co.uk/forum/store-cards/46773-sarah-time-retail-finance.html#post370683

 

watch this space for updates

[sarahpp]

Well done Sarah. Hopefully something will get moving with your other G E stuff soon.

[TUTTSI]

WELL DONE SARAH, HOPE THAT THEY MEAN A FULL SETTLEMENT!

LET US KNOW!

ds

[sarah13]

WELL DONE SARAH, HOPE THAT THEY MEAN A FULL SETTLEMENT!

LET US KNOW!

ds

 

Lets hope so otherwise i'll have to refuse it and see them in court!

[sarah13]

THIS IS WHAT THEY SAY WITH REGARDS TO DEB AND TOPSHOP ONLY

 

As stated, GE is not in breach of the Data Protection Act 1988 in respect of its inability to provide you with copies of certain statements. Section 8(2) of the Act provides that if the supply of a copy of the information is not possible that is not a breach of the Act. GE invites you to withdraw your claim.

[sarahpp]

THIS IS WHAT THEY SAY WITH REGARDS TO DEB AND TOPSHOP ONLY

 

As stated, GE is not in breach of the Data Protection Act 1988 in respect of its inability to provide you with copies of certain statements. Section 8(2) of the Act provides that if the supply of a copy of the information is not possible that is not a breach of the Act. GE invites you to withdraw your claim.

 

This sounds a bit like the Abbey excuse re their microfiche records, what the reference states is

 

(2) The obligation imposed by section 7(1)©(i) must be complied with by supplying the data subject with a copy of the information in permanent form unless-

• (a) the supply of such a copy is not possible or would involve disproportionate effort, or

• (b) the data subject agrees otherwise.

My understanding is that this refers to format rather than content but, I would be happy to be corrected by those more knowledgeable. You may find this thread useful http://www.consumeractiongroup.co.uk/forum/abbey-bank/38333-information-commissioner-finds-against.html

 

I wrote to the ICO in November about GEs failure to comply and the response I received last week stated that

 

"At the time of writing to us you brought it to our attention that despite submitting the request to GE money, the response you received did not contain all of the information to which you were entitled.

 

There are eight Data Protection Principles......which data controllers are required to comply with.

 

On the basis of this information, it appears likely that there has been a contravention of the sixth data protection principle of the Act. The rights to subject access under sections 7 to 9 of the Act fall within this principle, which states, "Personal data shall be processed in accordance with the rights of data subjects under this Act".

 

........ We are of the view, therefore that it is unlikely that the processing concerned has been carried out in compliance with the provisions of the Act.This is because GE Money failed to provide you with a substantive response to your Subject Access request within the required time period of 40 days."

 

I don't know whether this helps you or not but, the ICO was in possession of letters from GE Money stating that they were unable to supply some of my statements when they wrote this letter to me. They therefore, do not appear to feel that this argument holds water.

 

Hope this helps

 

Sarah

[sarah13]

thanks sarah for your reply much appreciated and has helped me come to a decision. i shall continue with this claim as it has already been filed at court, am going to ammend details of claim as i forgot to claim for the interest after the charges were gwg back to me. keep watching

[iwannabedebtfree]

keep going sarah GE offered me a partial settlement based on their workings out, i should be joining you in court some time in 2007 as i want their grubby mits on the bench as they try to justify to the judge that their charges are not a penalty, and how a letter that a computer typed up (as they told me there was no manual interactions ) could cost 15 quid!

 

let us all know how it goes, right behind you, lets show them who they are messing with

[TUTTSI]

Hi Sarah

Glad that you have decided to pursue them, they try and get us worried when there is no foundation. They have offered me on a good will settlement before I take legal action the return of all my charges but have refused the interest, So over the next couple of days I will do a MCOL and accept the payment as a partial settlement.

Good luck

Regards

DS

[steve5080]

Sorry to but in here but I too have 8 statements missing from GE, could they be the same 8. Mine are Sept 02, Sept 03, Nov 03, Jan - Jun 04

[sarah13]

THIS IS WHAT THEY SAY WITH REGARDS TO DEB AND TOPSHOP ONLY

 

As stated, GE is not in breach of the Data Protection Act 1988 in respect of its inability to provide you with copies of certain statements. Section 8(2) of the Act provides that if the supply of a copy of the information is not possible that is not a breach of the Act. GE invites you to withdraw your claim.

 

actually i will not be withdrawing my claim but adding the interest via n244 and going to the finish line with it- how dare they treat me like this, i am ready for the fight- bring it on!

[sarahpp]

Good for you and good luck Sarah

[sarah13]

filed form n244 yesterday at court - this means i have added the interest that i forgot to include.

Postman delivered a 'Notice of Allocation to the small claims track (hearing). There is no date on it, it says' the hearing of the claim will take place on date to be fixed at norwich court and should take no longer than 90 mins'

 

keep watching!