GE money 2005 loan then CCJ/CO - now I want PPI back - need info

[Goucho]

Hey there I was wondering about this for some time.

 

If a debt is sold on to another company does that debt have to be paid?

 

I am presently trying to claim back PPI from a loan I took out some years ago.

 

The short story is that

 

I bought a house and then purchased british gas boiler insurance

on their initial visit they conned me into getting a new boiler installed.

 

We could not afford to buy one

they offered a loan but I was refused because I was medically retired due to an injury

and my only income was a pension and benefits.

 

The BG guy then tried another company in my wife's name and even though she had no income

as she was caring for me she got the all clear and her income was what I got lol.

Didn't make sense but hey we got the loan

 

The trouble was that we had to agree to pay PPI otherwise we would not get the loan

so we were misold the PPI.

 

After a short time we got ourselves into a lot of debt and could not pay this loan.

We were eventually taken to County Court and a CCJ was issued against my wife (loan was only in her name).

 

We could not keep up payments so along with bailiffs etc it ended up as a Charging order against our property.

A few years later we moved home and the debt was paid in full.

 

That is the background story lol.

 

My wife made a complaint to British Gas about the PPI

but we had no information as we didn't have a clue and stress was through the roof etc etc.

 

We didn't keep records and kept burying our heads in the sand.

The guy from BG who was investigating the claim wrote back to us

saying that he contacted the loan company but they had no records

so he could not proceed any further with the complaint ...

. Right cop out!!

 

I have since got a lot more information and have sent it to him so he should be able to do some digging.

 

My question isn't about the PPI thing as that is ongoing and we were clearly misold it

 

My question is that the debt was sold on to another company

and we ended up paying them the full wack which was over £5,000.

 

Was it lawful for a company that purchased a debt to make a charging order and make us pay the full amount??

 

Is there any way I can claim back the money I paid to the collection agency that bought the debt

now that it has been paid in full.

 

The company was Aktiv Kapital.

I see that people are getting off paying debt to these companies so was wondering what the score is??

 

Thanx for any help in advance

[renegadeimp]

YEp. perfectly legal for them to sell the debt on to a new owner, and the new owner to chase you for full payment.

 

However, onceits sold, its timefor you to do your homework and check if its actually enforceable.

[theoldrouge]

not a case of "getting off paying",

 

whilst there is an amount outstanding people have the statutory right to send a cca request under cca1974 to see whether or not these debt purchasers

hold the correct paperwork to enforce the debt

this does not apply to accounts that have been repaid

 

and yes they are entitled to purchase debts and collect

 

your route for redress is via the ppi refund

 

send a SAR in the first instance to the original creditor that loaned the money

[citizenB]

I would have said there was definitely some jiggery pokery in the obtaining of the loan but not really sure what you could do about that, especially as you now say it has been repaid. Perhaps the time to have dealt with that would have been at the time the claim was made and the charging order obtained. As this has now been repaid, have you checked to ensure the charging order has been removed ?

 

You certainly need to deal with reclaiming the PPI as that sounds like a classic mis- sell.

[martin2006]

When did you purchase the boiler? Who was the loan with? When was the ccj?

Please post as much info as you can in order to get the correct advice but do not post any personal info, account numbers etc or anything else of an identifying nature.

[Goucho]

Thanx guys, ye it is a matter of if I had known then lol.

 

@theoldrouge

 

Is it now the responsibility of British Gas as it was their agent who sold the loan+PPI.

 

 

It is one of their employees who is in charge of the case at the moment.

I will see how this turns out and will make a post in the PPI section if I run into another brick wall.

 

 

I suppose it should be whoever I paid the money to in the end should reimburse me, that being Aktiv Kapital??

[theoldrouge]

imo you should get the SAR off to the original creditor (not AK) to gather all the info

[Goucho]

imo you should get the SAR off to the original creditor (not AK) to gather all the info

 

Ye the problem is that I have no reference numbers for them and the BG guy said that when he contacted them there was no records as they were all passed on. I think the loan was taken out in 2005.

[martin2006]

Groucho, please could you answer the points in #5.

 

I am also concerned re the charging order and will need clarity.

 

You say that you bought a house, was that in your name or jointly with your wife?

 

You say there was a charging order on your property, is that correct or was it a restriction?

[martin2006]

http://www1.landregistry.gov.uk/assets/library/documents/educ_fact_5_131205.pdf

 

check out the link above and search for charging order at the top left.

 

If a house is jointly owned then a charging order cannot be granted to only one of the joint owners, only a restriction. The creditor is only required to be notified if a sale goes through, no debt has to be paid from the proceeds of the house sale

[Goucho]

Groucho, please could you answer the points in #5.

 

I am also concerned re the charging order and will need clarity.

 

You say that you bought a house, was that in your name or jointly with your wife?

 

You say there was a charging order on your property, is that correct or was it a restriction?

 

 

 

 

Thanx very much for helping me ... I don't have much information at hand

 

The loan/boiler was purchased 02/03/2005.

The loan was taken out in just my wife's name.

The company was GE Money.

I can't remember date of the CCJ and have no paperwork.

The house was bought in joint names, both my wife and I.

It was in fact a charging order on the property. It had to be paid when the house was sold. "We bought the house with the help of a council scheme which was basically an interest free loan for 25% of the value of the house and then was only paid back when the house was sold. This was done via a charging order also."

The charging order was paid to Aktiv Kapital First Investment Limited via Hollis Briggs Solicitors on 08/02/2012 for the amount of £5645.42 from the equity when the house was sold.

 

 

What are your thoughts on this and what do you advise I do next.

 

 

 

Thanx so much

[martin2006]

IMHO from the information you have given, you have the right to claim that payment back from AKTIV as the charging order was not correct.

 

i'll look alot more into charging orders and restrictons, see what i can come up with

[Goucho]

Brilliant!!

 

Looking forward to what you can find.

[Goucho]

imo you should get the SAR off to the original creditor (not AK) to gather all the info

 

Should i send a SAR to GE Money (Original Creditor) to get things started??

[martin2006]

Yes goucho, sar to the original lender with £10 postal order, see the templates in the library

 

http://www.legislation.gov.uk/ukpga/1979/53/pdfs/ukpga_19790053_en.pdf

 

Still working on it but this is the charging orders act 1979

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part73

 

https://www.gov.uk/government/publications/charging-orders/practice-guide-76-charging-orders

 

These links should contain all you need to know

[Goucho]

Thanx @Martin2006. I am so sorry but I don't understand any of this legal jargon

 

In short what does this mean?

 

Does it show if I have a case or not to ask for ALL the money back?

[martin2006]

I havent had time to read and digest it all but my current understanding is this:

 

A debt in a sole name cannot have a charging order placed on a jointly owned property. This would be forcing a non interested party to pay the sole debtors debt.

As an alternative, a form k restriction can be placed but its difference is you only have to notify the creditor if the house is sold and not automatically pay the debt.

 

Thats hiw I understand it so far.

 

Im certain it will be corrected if any of that isnt right and I'll have a proper look later

[Goucho]

Thanx very much for this help

[Goucho]

Still nothing from these guys but I think it says 40 days? .

 

The reason I'm posting again is that I was contacted by a "solicitor's firm"

about "secret commission payment"

 

They stated some recent successful action and were adamant it was not PPI related.

 

In fact they referred to a loan I got a number of years ago which have already paid back the PPI they took off me?

 

I have done a wee google and i have found that this company involved in this case

we are discussing here were mentioned a couple of times?

What do you guys think is this another avenue to look into?

[Old Cogger]

no these people want 30% + VAT for something you supply all the info and they copy and send to companies - do it yourself = you do the main work they profit = they are thieves

[Goucho]

Ye looks like i will be a busy boy on here lol

[Goucho]

UPDATE: Sent the SAR ages ago (well over 40 days now) to the original lender "GE Money" no response at all. Unfortunately i did not sign or record the postal order but did send the SAR by recorded delivery. Can you advise on my next step please.

[renegadeimp]

Go to the CAG library and send the SAR letter. http://www.consumeractiongroup.co.uk/forum/showthread.php?387319-Failed-SAR-No-Reply-40-Days-Have-Expired-**Correct-as-at-October-2013**

[Goucho]

Thank you, posted today

 

Will update on 15th June 2016 just to make sure they get enough time to read and respond

[Goucho]

Yes goucho, sar to the original lender with £10 postal order, see the templates in the library

 

http://www.legislation.gov.uk/ukpga/1979/53/pdfs/ukpga_19790053_en.pdf

 

Still working on it but this is the charging orders act 1979

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part73

 

https://www.gov.uk/government/publications/charging-orders/practice-guide-76-charging-orders

 

These links should contain all you need to know

 

I havent had time to read and digest it all but my current understanding is this:

 

A debt in a sole name cannot have a charging order placed on a jointly owned property.

This would be forcing a non interested party to pay the sole debtors debt.

 

As an alternative, a form k restriction can be placed but its difference is you only have to notify the creditor if the house is sold and not automatically pay the debt.

 

Thats how I understand it so far.

 

Im certain it will be corrected if any of that isnt right and I'll have a proper look later

 

Hi there

i sent the SAR to the original lender GE MONEY but they ignored it so i sent a "Letter before action" and they responded by saying there was no record

and if it was more than 6 years then they would not have any records.

They then add a form asking for the information i already gave them lmao.

 

So what is my next step to get the records?

 

 

There were 4 steps to this case :-

 

1.British Gas sold us the loan.

2.GE Money was the loan company the BG agent used.

3.Aktiv Kapitol First Investment Ltd took over the loan

4.Hollis Briggs Cardiff were paid by my solicitor after sale of house to honour the charging order.

 

So next in line will be Aktiv Kapital yes?

 

If so, do i send them an SAR explaining that some time after 08 Feb 2012 they took over a debt from GE Money and then give them details and send them a postal order.

 

 

BTW can i ask for the £10 postal order back from GE Money seeing that they had no records?

 

Geeez i just read somewhere that banks and companies make you think that you have a charging order on your property when in fact it is a restriction??

When i sold my property i told my solicitor to pay the charging order

but how do i stand if it wasn't a charging order

and i didn't HAVE TO pay it when i sold my property.

 

 

Is there a way to check what was actually charged against my property??

Is there somewhere i can see the records or request them?