Help with Assignment of HP Loan Account - GE Money

[maxie777]

Hi

 

 

I am pretty new to this and

 

 

wanted to ask some advice about a HP loan I took out to purchase a car which was subsequently repossessed.

 

 

The company was Fiat Auto Financial Services Ltd at the time but it is now being handled by FGA Capital UK Ltd.

 

 

I believe Fiat Auto entered into a joint venture a few years ago and became FGA Capital UK Ltd.

 

 

I have never had any of this explained to me by them and

 

 

wanted to ask if anyone can advise if by Fiat Auto becoming FGA Capital as part of a JV

would this mean they would have had to formally assign the debt for FGA to have rights to collect and enforce it.

[dx100uk]

tell us the full story

 

 

repo's are invariably invalid under sec 90/ or sec 100 of the CCA

 

 

dx

[maxie777]

It all happened very quickly

 

 

at a time I was in business and the credit crunch came along and

 

 

I ended up losing the car

 

 

it was taken from my private driveway after

 

 

I was 2 payments behind and

 

I had not paid more than a third.

 

 

I knew they had a right to repossess it.

 

 

It was taken by a man (not a bailiff) who was sent by a company called Ge Money who said he was taking it to auction.

 

 

I was not very happy about him coming onto my driveway at the time but

he threatened to make a scene and involve the police,

 

 

this was a very difficult time

my house was being repossessed and

my relationship ending so

I was in no mental state to defend things at that time…so

 

 

I felt I had no choice under duress but

I now believe they needed a court order to come onto my property

so may have been in breach of the CCA.

 

 

I still have the paperwork he gave me but nothing else was received.

 

 

Now I am being chased for the debt which I believe amounts mainly of interest…

 

 

having checked my CRAs they have also registered a default date 2 years after that and at my new address.

 

 

I am not trying to avoid paying my debts

I have paid them token payments for 3 years but

I am not well off have very little income and

have other debts but

 

 

they have not been helpful and

keep making threats of a claim

which is crazy as it would take them 25 years just to recover the costs.

 

 

They changed my agreement number in 2012

they said they had a new system .

 

 

..I suspect they may not have copies of default and termination letters

hence registering default 2 years after the repossession

which if correct would it possibly make it illegal and the original contract void.

[dx100uk]

2 payments behind?

 

 

that's not right

 

 

were you issued a default notice before this happened?

 

 

dx

[maxie777]

yes thats what I thought but they were not very helpful at the time, they did send a default notice.. all this was done by the original company hence I was wondering if they would have to assign the account for the new company to have the same rights

[dx100uk]

the transfer of rights would have been absolute so

I don't think that is your issue.

 

 

the creditor [GE Money] must issue a default notice and give you 14 days to rectify the situation before repo.

 

 

did they or anyone do that?

 

 

dx

[maxie777]

yes Fiat Auto sent a default notice with 14 days and then a termination letter before the repo ,

 

the issue was they took it under duress from my driveway without a court order

albeit I was never going to keep it but was aggrieved with the way they did it

also that they had given me less than 2 months in the first place and were not very helpful,

 

now FGA registered the default date with the CRA effective from 2 and half years after the default date and repo with a different address,

 

also never sent me details of the proceeds of sale although it appears on a statement i received

and looks like they sold it cheaply for its age mileage and condition ..

.well under £2000 less than what they were selling for so i guess someone made a real killing on the deal.

[dx100uk]

if they followed the correct process, as appears they did, then ,

sadly, I believe there is little other than trespass, involved in the unlawful repo.

 

 

please do post up what you have.

 

 

as there are experts here that will further comment on my thoughts.

 

 

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[maxie777]

Unfortunately I dont have scanned copies of the DN and Termination letters at the moment,

 

 

the DN (3 June) was followed by Termination letter (18 June)

- they were received so close together that allowing 14 days was very tight

and the figure quoted to be paid was £552 (this included two late payment charges of £26x2 = £52).

this was not broken down on the notice and just one figure was quoted.

 

 

Also the Total amount payable under the agreement quoted in the DN did not include the two late charges

but I think these are probably just minor technicalities and the rest is fine.

 

 

I did not receive anything about the repo apart from a copy of the vehicle condition report from the day it was repossessed but

that just gives minimal info about the car and was never signed by myself in protest at the time.

 

My thoughts were now they appear to have stored inaccurate data about the default against the CRAs

stating the default was 2.5 years after the event and the repo..

..so either that is a deliberate mistake to keep it on my record for much longer than it should be

or maybe they have not kept adequate records ..

 

 

..so maybe they cannot produce these documents they would need to enforce the agreement.

[dx100uk]

then I suggest it might pay you to SAR them

 

 

they MUST give a clear 14days from the date of the DN to the day they terminated or repo'd too.

 

 

theoldrouge I'm sure will pop in

 

 

but we must have the info!

 

 

its no good we nor you 'speculating'

 

 

dx

[theoldrouge]

as dx says sar to the OC

 

Anyone currently chasing you?

 

CCA request under s79 to whoever is chasing, if no one then send to GE Money

 

we really need to see the original agreement, and full statements, and the dn if possible

[theoldrouge]

just reread your thread, is your ac still with FGA Capital (Fiat and Credit Agricole joint venture) or is it now with GE Money?

 

Are you sure the person who came to repo your car said he was doing this on behalf of GE Money?

 

All slightly confusing, if still with FGA and no one chasing then cca to FGA

[maxie777]

Hi yes ,

sorry I worded it badly

 

 

I believe it was Ge Money acting on behalf of Fiat Auto for the repossession

although they never explained this to me at the time

 

I will send off the SAR right away to FGA who have a solicitor acting for them making threats of a claim.

 

 

They are not very helpful and act quite bullish making inaccurate statements

like I made an offer of payment and

agreed to deal with them separately despite the fact they knew the CAB were acting for me.

 

I don’t have the full agreement or early statements and the more recent ones I have only show opening and closing balances

so I dont have the full history of what happened.

 

 

I will scan/upload them as soon as I get a response.

 

 

Thanks again for your help

[dx100uk]

who is chasing you please

 

 

we will know them I bet

 

 

can you scan up that letter and any others? to pdf as detailed above

 

 

REMEMBER to redact ALL pers info and barcodes

[theoldrouge]

"I will send off the SAR right away to FGA who have a solicitor acting for them making threats of a claim"

 

 

yes lets see that solicitors letter, CCA request asap under s79 to solicitors as well as the sar

 

did you hand over the keys and logbook to the person who repoed the car?

[maxie777]

Hi yes I did hand the keys and logbook over in the end

but in protest after being told it was not legally mine

and he had every right to take it

and if I refused it would involve the police and

at the time I felt was the last thing I needed

but in hindsight I should have stood firm but i wasn't aware it was trespass.

 

The solicitor is LesteraldrigeLlp

when it first started earlier this year they were giving me 14 days to pay

 

 

I phoned them to tell them the CAB were handling it for me something which FGA obviously neglected to do.

They then wrote me shortly after saying I had called them and made an offer to pay monthly

and they were enclosing a financial questionnaire for me to fill in so they could review my offer

(there was no mention of what the offer was).

 

I sent all my letters to the CAB as that is what they asked me to do..

.but now I have stopped doing that because I am forever waiting for lots of them back with copies of all their correspondence.

 

 

. I wanted to make a complaint to the OC and solicitor but because of this I dont have all the evidence which is so frustrating,

luckily I keep good notes

 

 

i know what has been sent but at the moment im in the middle of my creditors and the CAB who are slow to act

and seem hesitant to give me what i have asked for .

 

 

..I will chase them again and get them scanned as soon as I get them back .

[theoldrouge]

get those requests sent asap and lets see when we have all the info

 

the best way forward for you.

 

imo involvement of CAB is not really the answer as you have found

[dx100uk]

a very low life DCA by the looks of things.

 

 

I suspect they also did the recovery

 

 

dx

[maxie777]

yes im sure they are lowlifes and

 

 

i guess they will get more and more aggressive ..

 

 

.I have read up a lot about what has happened to other people

and specifically that company tricked one person into allowing them to secure an existing unsecured debt

to their property in return for agreeing a lower payment plan and

 

 

then immediately started further action

...the person was gullible but it shows the depths they will plunge to ...

 

I intend to fight them all the way and also to show they dont follow the codes they subscribe to ..

 

 

i believe they are in breach of the Consumer Protection From Unfair Trading Regs 2008

if they force someone to make payment they would not normally have done so

by acting in a misleading or aggressive way,

 

 

they are also in breach if they do not follow the codes they subscribe to...

.so my eventual complaint will take them to task on this

 

 

its just the CAB have held me back now since July and

im going to have to make a very strong formal demand for information from them

as well which is frustrating when they are supposed to be helping .....

 

anyway thanks for your help

 

 

I will get the SAR and CCA requests sent asap

 

 

and report back when I get the replies

[dx100uk]

may I politely suggest you refrain from doing any complaining

until we've run things through with the PROPER info.

 

 

IMHO it might well be section 90/100 of the CCa that proves to be your sharpest arrow here.?

 

 

dx

[maxie777]

yes of course you are right I will not do anything about making a complaint at the moment and wait for the documentation from the SAR request.

[maxie777]

Hi

 

 

i have just recently received a response to my SAR request and

all that was included was a couple of pages of a smudgy looking agreement and a statement.

 

 

On checking the statement they have an entry right at the bottom for write off of the balance outstanding

 

 

just after receiving the SAR and the balance is now showing as zero.

 

 

No details of any default, termination or repossession was included in their return or even any mention of them writing it off.

 

 

A big thank you to dx100uk and theoldrouge for your advice it looks like they would rather write it off

than send me the default repos data etc which it appears they may not have retained so they were bluffing

in their court threats and its a positive outcome

- thanks again

[theoldrouge]

you sent cca and sar requests??

 

that sounds like a cca request return

[maxie777]

thats what I thought at first but I definitely only did the SAR and

they definitely refer to receipt of the £10 so it seems they are very hesitant to give me the other data

they are holding on file assuming they have kept it.

 

 

I stated in my letter that if they did not send any of the info I requested and no explanation was given

then I would assume they did not have this information and it was not capable of ever being being processed.

 

 

I suspect the default and repo was faulty and the repo from private driveway without permission could render the agreement void

and I would get my money back and that info would have helped me..

 

 

.I dont have the means to make a claim against them right now

but I am thinking about writing to ICO about them and also because they have registered inaccurate default info with the CRAs

and totally ignored my request about this data in the SAR

[dx100uk]

write to them

state what is missing and what you want

 

give them 14 days to supply

 

and then state and official complaint to the ICO will be made without further warning.

 

GE are the pits

and will do anything to wriggle out of their responsibilities.

 

it worthy to note they have been fined before too

 

dx