Claiming back and CCA diary

kel123_2

Tomorrow was another day, Well yesterday!

Link have sent a CCA on behalf? of GE. All the prescribed terms are on there But it is across 3 documents clearly identified as 1 of 3 pages, 2 of 3 pages and 3 of 3 pages. I have read it (on cag) that the cca must be contained within the same document but I cannot find the post again!

I have posted them up on CAG but as yet no reply 'GE/Link and my CCA'

Background

In Oct 02 I had a car loan through GE Money Woodchester. In June 04 I took out this Direct loan. It paid off the car loan and gave me a few thousand to help start my business. Basically my business failed and in Sept 06 GE sold the debt to Link. Link was very upset that the car was not part of the package and I understand that GE would not take it back I have been paying Link eversince.

When I took out this loan It was over the phone and they sent me 2 copies of the 3 page agreement, I had to sign both copies (original and copy 2) and together with utility bills send them back and they returned 'copy 2' plus the balance after paying the car off. Copy 2 is exatly the same as the original (copy received today) except that my signature is slightly different (dot on i in different place), their is no GE signature on copy 2 and the squiggle on wittness box is slightly different.

Any one any thoughts

Kel

kel123_2

any thoughts on this letter to Link


Link Financial
PO Box 30095
London
SE1 7WU

Date


Dear Sirs

With reference to your letter dated 19th May 2008 and the enclosed paperwork the content of which have been noted.

You have sent me the following documents:

Page 1 of 3 pages
Contains my personal details (titled; Parties) and the loan details (titled; Financial Details)

Page 2 of 3 pages
Contains my signature no date (titled; Your Signature) and GE signature and date (titled; G E Capital Woodchester Signature)

GE Money Customer Statement
Contains Statement of account from 29th June 2004 to 15th August 2006 inc.

You have not sent the Terms and Conditions (CL1-GETC-0301, Page 3 of 3 pages) as Identified in documents, Page 1 of 3 pages and Page 2 of 3 pages.

Within a Credit Agreement you are aware that certain basic minimum terms have to be included which the parties and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms shall be in a single document, and backed up by the provisions of section 127(3) ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document. The documents you have sent clearly show that they are 3 separate documents and therefore fall short of meeting these minimum requirements (Page 3 of 3 pages being referenced as CL1-GETC-0301 and not supplied)

Furthermore you have not supplied a statement of accounts between September 2006 and the present, which comes under my request, letter dated 26th March 2008.

After taking advice it is therefore deemed from the above that this account is unenforceable and request that you refer to my letter dated 16th May 2008

kel123_2

bumping to see if anyones got an opinion on the link letter

kel123_2

After much searching and reading and advice from CCS, I am not paying Link because there is something amis - unsure at this point but a number of pointer. GE on a Statement of account actually wrote off the balance on the 15th August 2006 - Asset Link bought the account on the 21st August 2006 and reinstated the balance? also the cca document has no cancellation details (signed off site) and is headed consumer loan which says to buy goods and services (other peoples documents have been headed Hire Purchase and Motor Loans, as yet I have not found anyone who as had a direct Loan through GE Capital Woodchester) and my loan was a direct Loan.

Plan of action is to SAR Link and GE and await outcome.

kel123_2

Review so far:

I have done this to focus my thoughts on each account and with the hope that it will help others. All letters sent 1st class recorded delivery and are in the thread above. Letters received in red. I will do each company in a different post.

HBOS

Bank of Scotland preference loan

29th Feb 2008 – letter sent for CCA and default charges
19th Mar 2008 – received letter asking for £10 for list of default charges
26th Mar 2008 – letter sent telling them they have already had the £10
26th Mar 2008 – default letter sent no CCA
21st Apr 2008 – notice of offence letter sent
28th Apr 2008 – Received letter sorry about your complaint will reply within 4 weeks

I do have the customer copy of the CCA and the APR is incorrect it says 17.8% and it is actually 18.8%, making it unenforceable in a court of law.

Blair Oliver and Scott have phoned and sent a letter, I will be sending them a letter tomorrow pointing out the errors of their ways.

Halifax

29th Feb 2008 – letter sent for CCA and default charges
26th Mar 2008 – default letter sent no CCA
18th Apr 2008 – received CCA and full statement of accounts
21st Apr 2008 – notice of offence letter sent (letters crossed in post)
23rd Apr 2008 – sent letter account still in dispute, CCA unenforceable APR say 13.9% when it is actually 14.6%

Blair Oliver and Scott have phoned and sent a letter, I will be sending them a letter tomorrow pointing out the errors of their ways.


Paragraph 1A of schedule 7 of the Consumer Credit (Agreements) Regulations says
Quote:
For the purposes of these Regulations, it shall be sufficient compliance with the requirement to show the APR if there is included in the document--
(1) a rate which exceed the APR by not more than one; or
(2) a rate which falls short of the APR by not more than 0.1

:rotfl: :rotfl: :rotfl: :rotfl:

kel123_2

Lloyds TSB

Overdraft

29th Feb 2008 – letter sent for CCA and default charges
12th Mar 2008 – received current state of account and list of charges
26th Mar 2008 – letter to claim £1114.48 of charges
31st Mar 2008 – received complaint reference number
11th Apr 2008 – received ‘we will wait until after the case’ letter

The overdraft limit is £5000 and has a balance of c£5115, SO!

25th Apr 2008 – received letter saying they will be adding charges
6th May 2008 – received letter saying they will be adding charges

Plus phone calls every day sometimes morning noon and night. They are trying to join this and the loan account together (as if!) Loan account next.

15th May 2008 – letter sent asking for all correspondence in writing and for them to reconsider under the FSA agreement to deal with hardship cases the charges claim therefore making the account within the agreed overdraft. Also sent copies to TS at Brighton and Walsall (will follow this up tomorrow as I have had no replies) Also letter to FOS tomorrow because the phone calls haven’t stopped.

We have been sent new cards for this account after 2 years of inactivity

Loan

29th Feb 2008 – letter sent for CCA and default charges
26th Mar 2008 – default letter sent no CCA
21st Apr 2008 – notice of offence letter sent

No written correspondence at all, only in connection with Overdraft above.

Credit Card Visa

29th Feb 2008 – letter sent for CCA and default charges
26th Mar 2008 – default letter sent no CCA
28th Mar 2008 – received all statements
9th Apr 2008 – received a copy of the CCA
10th Apr 2008 – Sent letter disputing CCA, Not signed or dated by them: making it an application form
19th Apr 2008 – received notification of complaint will reply within 28 days
21st Apr 2008 – notice of offence letter sent
9th May 2008 – received letter saying sorry not resolved will reply within 28 days

No need to apply for charges back CCA unenforceable

Credit Card Mastercard
Exactly the same as Credit card Visa

kel123_2

Allied International Credit

Open and Direct

26th Mar 2008 – letter sent for CCA and default charges
21st Apr 2008 – default letter sent no CCA
16th May 2008 – notice of offence letter sent

Except for the initial mix up of who’s account it was (mine or she who shall remain nameless’s) No correspondence from them.


Asset Link

GE Capital Woodchester

26th Mar 2008 – letter sent for CCA and default charges
21st Apr 2008 – default letter sent no CCA
24th Apr 2008 – received letter saying it will take up to 30 days to provide
16th May 2008 – notice of offence letter sent
19th May 2008 – received CCA and a GE statement
21st May 2008 – received notification of complaint. Reply within 4 weeks

Now this is a problem one? And I have only now decided what to do!

Because it is a direct loan and signed at home then it is a cancellable agreement (cooling off period). There is no section within the agreement that states cancellable and I have not dated the original agreement which you have to with a cancellable loan, therefore it is unenforceable in a court of law. BUT! There is some confusion as to if the deal was agreed on the phone then this could make it non-cancellable.

I am going to send tomorrow a letter saying it is unenforceable and site the above and indicate that there are other problems with it, there is but I will leave them for another day. These are: GE Statement says: 11th August 2006 - Litigation - £11769.54, 15th August 2006 – Write-off - £11769.54 – Balance £0.00. Asset Link bought it 21st August 2006 and reinstated it? And the CCA is headed Consumer Loan (to buy specific goods or services) not direct Loan (to do with what ever you like) making the agreement void.

CL Finance

GE Burtons

At the moment this is the only account along with the overdraft I am paying, They have supplied loads of information all by recorded delivery

Having gained more knowledge I have revisited what they have sent and it does not comply with the CCAct 1974 BUT! I am not going to tackle this yet as it keeps me in with Payplan for the time being

kel123_2

Well all is still on the CCA front - not a dicky bird, but as I have said below tommorrow is another day and our posty only knocks once:rolleyes:

The Lloyds OD is becomming a bit of a problem, they are adding charges left right and centre, they have now issued an Enforcement Notice (s76(1) CCAct 1974) for £252 (the amount above the OD Limit) I have paid nearly £300 to them over the last 2 months and it is still rising. At least the FOS have now taken up the case.

Up to Nov 07 I have put in a claim for just over £1100 in charges and they have refused to consider me as an hardship case (DMP and not alot of free money) BUT! in one of their letters to me they agree that we are having financial difficulties - The FOS has picked up on this not me. this £1100 would put us securely under the OD limit :T

Here is my predicament with this account, It is a platignum account and has a guarenteed 5K OD Limit but it costs £15/month. When we went on the DMP we asked Loyds to close the account and make payments to a dormant account Number has suggested by Payplan, Lloyds refused this and insisted we down grade to a basic account BUT! if I had done this I wouldn't have had the 5K Guarrenteed OD and hence would have been taken long before now and for the full amount i.e. 5K+

Well it all makes sense to me I hope you understant it:rotfl:

Kel

kel123_2

well here is an update

To coin a song from football 'Ho it's all gone quiet over there' not a sosage except for:

Lloyds TSB OD, they are phoning daily, sometimes 4 times per day. The FOS are firmly investigating my complaints with them. I phoned the FOS this morning and asked for advice with regards to the phone calls - should I let them do their bit first, should I write to Lloyds again or to the OFT or Infomation Commissioner? They were shocked that the phone calls hadn't stopped and said that they will write to them about it today??????? didn't think it was within their remit! Well good old the FOS I have to contact them again if I am still getting calls after next Wednesday.

kel123_2

Not a lot has happened until today:eek:

After nearly 6 months Lloyds TSB have produced the credit agreement:mad: for the loan about 15k outstanding:mad: It looks like a cut and paste but I cannot proove otherwise

SO! I have no choice but to start paying again to this account. I did say tomorrows another day so although disapointed I cannot complain it was always going to be in the balance i.e. will they find it or not The only thing now is to make sure they have not added interest while it as been in dipute.

So here are the new facts

BOS, produced CCA but incorrect - no pay
Halifax, Produced CCA but incorrect - no pay
Lloyds Card, produced CCA but incorrect - no pay
Lloyds Card, produced CCa but incorrect - no pay
Link (GE), produced CCA but incorrect and GE wrote it off before selling to link (estople) - no pay
AIC, no production of CCA - No paying

Lloyds Loan, produced CCA - paying
CL Finance, produced CCA - paying

Lloyds C/A, paying but claiming back charges via FOS

Cannot be too down hearted can I? Next job to edit below

Kel