Son of Steven4064 vs GE Money **WON**

steven4064 · 4th January 2007, 12:03

Sent S.A.R - (Subject Access Request) on 18 December - they have until 28th January to respond. Intend to reclaim charges on Burton Store Card.

"Once more into the breach dear friends ..."

steven4064 · 5th January 2007, 14:35

Prompt reposnse - GE Money sent a copy of all statements and a letter confirming 'no manual interventions' which arrived this morning.

Sending an Initial Request tomorrow for repayment of £372 charges plus interest at 29.9% APR giving a total of £912.05.

steven4064 · 5th January 2007, 22:32

Just to get things right - the interest brings it to £540.05 - letter corrected before it was sent

steven4064 · 16th January 2007, 19:03

Recieved a reply offering to repay £336 in charges as a good will gesture. Refusal to pay any interest though. We propse sending the following letter - any comments?

"Dear GE Money

Thank you for your letter of 12 January. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account and interest on those charges totalling £540.05 (£372.00 charges plus £168.05 interest up until the account was paid up on 10 June 2005).

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

It is my considered view that GE Money, as a multinational corporation of very high standing and repute in the business world, with the benefits of accounting expertise, in-house lawyers and/or access to top legal experts, owes a duty of care to its customers, in relation to ensuring that it is trading lawfully; and has therefore always had the resources to know that its charges were and are unreasonable, punitive in nature and therefore unlawful at Common Law. If you maintain that your charges are reasonable then it is up to you to demonstrate this by providing information on your actual costs associated with my late payments, etc.

If you do not, I must assume that the level of the charges are unrelated to your costs and act accordingly.

I aver that I mistook the charges to be lawful when I paid them, because prior to becoming aware of the OFT’s report last year I had trusted GE Money to operate lawfully. The fact that these charges are in your standard terms and conditions does not make them lawful. Rather, I believe your terms and conditions are in breach of the Unfair Terms in Consumer Contracts Regulations 1999.

On the matter of interest I would make the following point: I do not expect to borrow money free of charge but fully expect to pay interest. However, the interest I have claimed back was not levied on money I had borrowed from GE Money but on money unlawfully transferred from my account in charges. Therefore my claim stands.

I will give you a further 7 days to reflect on this matter after which I will send you a Letter Before Action which will give you 14 days to respond. After that I will proceed to make a claim through the Small Claims Court without any further communication.

I trust this clarifies my position.

Yours Sincerely

Steven4065

bailey54 · 16th January 2007, 19:58

Have sent subject access request today to GE Money ( 4 store cards!) Will keep you posted....

steven4064 · 17th January 2007, 00:55

All the best bailey54. GE Money seem to respond fairly quickly. Keep us posted.

QueenG · 17th January 2007, 10:08

I have recently sent a Subject Access Request to GE Money for burtons, to the following address:

GE Money
PO Box 700
Leeds
LS99 2BD
Is this the same address, that you received your quick response from?
Good Luck with your claims.
x

sarah13 · 17th January 2007, 11:37

Quote:

Originally Posted by steven4064

Recieved a reply offering to repay £336 in charges as a good will gesture. Refusal to pay any interest though. We propse sending the following letter - any comments?

"Dear GE Money

Thank you for your letter of 12 January. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account and interest on those charges totalling £540.05 (£372.00 charges plus £168.05 interest up until the account was paid up on 10 June 2005).

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

It is my considered view that GE Money, as a multinational corporation of very high standing and repute in the business world, with the benefits of accounting expertise, in-house lawyers and/or access to top legal experts, owes a duty of care to its customers, in relation to ensuring that it is trading lawfully; and has therefore always had the resources to know that its charges were and are unreasonable, punitive in nature and therefore unlawful at Common Law. If you maintain that your charges are reasonable then it is up to you to demonstrate this by providing information on your actual costs associated with my late payments, etc.

If you do not, I must assume that the level of the charges are unrelated to your costs and act accordingly.

I aver that I mistook the charges to be lawful when I paid them, because prior to becoming aware of the OFT’s report last year I had trusted GE Money to operate lawfully. The fact that these charges are in your standard terms and conditions does not make them lawful. Rather, I believe your terms and conditions are in breach of the Unfair Terms in Consumer Contracts Regulations 1999.

On the matter of interest I would make the following point: I do not expect to borrow money free of charge but fully expect to pay interest. However, the interest I have claimed back was not levied on money I had borrowed from GE Money but on money unlawfully transferred from my account in charges. Therefore my claim stands.

I will give you a further 7 days to reflect on this matter after which I will send you a Letter Before Action which will give you 14 days to respond. After that I will proceed to make a claim through the Small Claims Court without any further communication.

I trust this clarifies my position.

Yours Sincerely

Steven4065

sounds good- keep us all posted

steven4064 · 17th January 2007, 19:40

QueenG, Yes that's the address we used.

steven4064 · 19th January 2007, 00:22

Quick update - received cheque for £336 today for charges. Keeping on to get interest as well

redsonja · 20th January 2007, 17:15

Hi Steven,

Im about to make my claim with GE Money for a few accounts and just wondered if you are claimaing compounded contractual interest?

Thanks

steven4064 · 20th January 2007, 19:07

Hi redsonja

Yes we are claiming compound contractual interest at 29.9%. Needless to say, GE Money say they are not going to pay it. We'll see about that!

steven4064 · 20th January 2007, 19:12

As noted above they have already sent a cheque for the charges (minus a couple of estimated ones because they couldn't find some statements - seems to be a common problem, looking at other threads relating to GE Money). In our reply, we accepted this as a partial settlement but said:

"On the matter of interest I would make the following point: I do not expect to borrow money free of charge but fully expect to pay interest. However, the interest I have claimed back was not levied on money I had borrowed from GE Money but on money unlawfully transferred from my account in charges. Therefore my claim stands"

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