Milo v Online Finance ***WON***

[Milo19]

Quick question, my Online Finance claim would be deemed served yesterday,being boxing day. They still have not acknoledged, should i request a judgement, or should i wait alittle longer because of bank holiday. My claim was issued on the 7 dec

[Rooster-UK]

In your position, I would request a judgement by default.
It is always possible the the finance co will still submit a defence.

Just try it and see. The only difference it will make to you is to delay settlement by a few weeks.

Regards, Rooster.

[Redmountie999]

Originally Posted by Milo19

Quick question, my Online Finance claim would be deemed served yesterday,being boxing day. They still have not acknoledged, should i request a judgement, or should i wait alittle longer because of bank holiday. My claim was issued on the 7 dec

Hi Milo

I'm very keen ot know what you've done so far with regards to letters and any actions to On;line finance. I've just sent them a preliminary letter asking for almost £1000 back in arreras charges etc. How you getting on with it all

[Milo19]

Well basically, sent the pre lim letter, was ignored, sent the LBA got a letter back saying "do one", entered a claim, they failed to acknoledge, so i entered judgement by default as per Roosters comments, and now if I want to I can issue a warrant. I rang moneycalim yesterday and was told because i asked for the repayment immediateley, i can now issue the warrant. I rang OF yesterday as well, they have no record of any courts papers or anything, so I thought I'd leave it until Monday, then I'll ring them, if still nothing, I'll issue the warrant!

[Redmountie999]

Sent On:line Finance a pre lim letter on 28th December 2006 and today received the following

Dear Mr A N Another

Thank you for your letter dated 28th December 2006.

Firstly I would like to confirm that GMAC do not charge for unpaid Direct Debits or exceeding overdraft limits. These instances do not affect GMAC. These are bank charges as it is your bank that must respond when a Direct Debit cannot be paid and it is your arrangement with them that is affected when an overdraft is exceeded. I would suggest you address your concerns regarding these charges with your bank.

The charges you have incurred from GMAC were due to yuor breach of our contract.

You refer to recent commendations set by the OFT which I would like to clarify for you.

The new OFT regulations realte only to 1 £12.00 limit on default charges incurred by misuse of credit cards. The agreement you entered into with GMAC, was a conditional sale agreement regulated by the Consumer Credit Act 1974 which was inclusive of clauses whereby you agreed to indemnify us for any costs incurred.

A tariff of these cahrges would have been included within your 'welcome pack' at the beginning of your agreement and can be found in the Terms and Conditions of your contract.

We must therefore aver that you have agreed to pay these charges from the outset and thus do not accept your claim for re-imbursement.

Should you have any further quesries regarding this matter, please do not hesitate to forward any written correspondence for my attention.

Yours Sincerely

Mark Rowan
Customer Complaints Officer

Any suggestions as to how to deal with this letter guys? If I was to take them to court to try to get these charges re-imbursed would I be in a position to win?

Need help guys i'm not sure what to do next.

I wasn't aware that On:line Finance was a trading company under GMAC.

[chesham]

If you entered for judgement by default, surely that is it, over and done with and you can get your money back through the warrant? Unless I'm missing something...

Anyhow, with regards to their letter, it's crap. The OFT paper is for regulated credit agreements, which GMAC (or On:Line Finance) supply and maintain with personal customers. Therefore, it applies to any breach of contract charges which are within a credit agreement. There are posts on here regarding other suppliers and an airline where people have claimed the money back (if they were successful, I do not know).

[zootscoot]

Hi Milo,

I think you will need to check that you have filed your claim against the correct company it may be that you should have claimed against Gmac. You would have been better off not phoning them as this will alert them to the fact that they can apply for a set aside which can cause considerable delay.

Redmountie,

The letter is a standard fob off reply. The penalty provisions apply to all contracts. Proceed to your LBA when the time comes.

All the best

Zoot

[Redmountie999]

Zoot,

That leeter was sent to On:line finance on the 28/12/2007. Remind me again when the LBA needs ot be sent. Is it 14 dats after the pre lim letter?

[zootscoot]

Yes 14 days is correct.

You might also want to start your own thread to save confusion!

Best of luck

Zoot

[Milo19]

Originally Posted by zootscoot

Hi Milo,

I think you will need to check that you have filed your claim against the correct company it may be that you should have claimed against Gmac. You would have been better off not phoning them as this will alert them to the fact that they can apply for a set aside which can cause considerable delay

Well, my account was held with On:line Finance, but was underwritten by GMAC. I wrote to the registered office on On:line, so if they cannot deal with it they should have passed it on. Anyhow, they never paid up after the judgement, so I paid to have a warrant issued. I rang OF today and asked when I could expect my money. I was told the have written a cheque and sent it to the court to satisfy the warrant. I rang the court, who comfirmed this! Only down side is, the court will not release my money until Jan 29th.

Still, a least I've won, and its another institute I can cross off my list.

[zootscoot]

Congratulations!!!!!!!!!! !!



Don't forget to fill out the survey!


Enjoy your payout!

[Redmountie999]

Hi guys,

sorry to hear that you've all had just as much problems with On:Line Finance ( now part of GMAC ) as I did when I had my hire purchase agreement with them.

I took out a £5600 HP Agreement with them in November 2000. I finished paying it off in August 2005. During my agreement they sent me numerous letters for arrears and charged me £12 per letter. Most months they sent me at least 3 of these so called arrears letters.

I filed against them on 29/01/07 and they had until 14/02/07 to reply. They failed to do this and on 15/02/07 the court entered a judgement by default. I asked for payment forthwith and so took out a warrant of execution against them.

Today I phoned them to let them know that the court baliff was going to arrive with a film crew from BBC X-ray programme and they have written and handed me a signed cheque for the full amout of fees taken, 8% s69 county court act interest, court costs and the £55 fee for the issuing of the warrant.

You can and WILL win against them guys, i'm living proof of that. This company will do anything they can to milk you of your money. They show no remorse and are happy to take money from you for sening out a piece of A4 paper costing no more than a £1. Court all the way with them and show NO mercy and give them NO room for negotiation.

Remember if they were seizing your car or taking you to court for non payment / default of agreement do you think they would be mercifull to you?????

If anyone needs any addresses or names ofthe people I dealt with please either post on thread or private message me.

I have two addresses for correspondence & service and a contact and telephone number of the senior litigations manager.