Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default Claim back GE Money PPI from pre 1997 store card

    I currently have a Debenhams GEMoney store card on which I have about £2400. GEMoney are charging around £35 each month for Payment Protection Insurance( PPIicon) and want to claim this back as I believe either I was miss sold it or it has been added after I took out the card.

    I was sold the card in-store pre 1997 ( unsure of year) however I don’t remember be advised on PPI. I also have a suspicion that it has been added on at a later date without my knowledge. ( Is this possible?)

    I have just sent an S.A.R. to GE Capital, so I can see my statements and my original agreement.

    At the time of the original agreement I was registered self employed but subsequently became employed in 1997.

    Obviously, if they have added it on after the original agreement I have a good case for re-claim. But how do I stand to claim if it is included in the original agreement and I was , effectively miss-sold?

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  2. #2
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Quote Originally Posted by Breeze2 View Post
    I currently have a Debenhams GEMoney store card on which I have about £2400. GEMoney are charging around £35 each month for Payment Protection Insurance( PPIicon) and want to claim this back as I believe either I was miss sold it or it has been added after I took out the card.

    I was sold the card in-store pre 1997 ( unsure of year) however I don’t remember be advised on PPI. I also have a suspicion that it has been added on at a later date without my knowledge. ( Is this possible?)

    I have just sent an S.A.R. to GE Capital, so I can see my statements and my original agreement.

    At the time of the original agreement I was registered self employed but subsequently became employed in 1997.

    Obviously, if they have added it on after the original agreement I have a good case for re-claim. But how do I stand to claim if it is included in the original agreement and I was , effectively miss-sold?
    Hello and welcome to the forum.

    Do you have the original credit agreement and also the terms and condition they state they sent you for the ppi. Self-employment may not have been covered.

    You need to obtain your credit agreement that you signed for the credit card. They may or may not provide you with your ca with your SARicon, they should, but sometimes don't. Maybe consider sending a section 77/78 under the cca for it. Your credit agreement should state whether or not you agree to ppi. Most people are unaware that they signed for it. Therefore this is mis-selling, there is certain criterea/information they must obtain to ensure the product was sold fit for purpose.

    While you are waiting for the SARicon, maybe read around the stickies and threads to educate yourself for the task ahead. If you are unsure and need help, advice and support.

    Just ask

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  3. #3
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Thanks Hell,

    I have just received my statements. However they only date from 2002 till now with a few missing( for which they have listed the PPIicon charges) . My account was opened in 1993 – should they have provided me with statements since then? If not can I demand them?.

    There is a PPI charge on all statements so if I do claim the amount is going to be pretty hefty.

    Still waiting for my CA which I have requested over the phone several times now and now have a direct extension number to someone at GE Capital who seems pretty switched on. ( Not the usual customer services rubbish). Will the CA contain the terms of the PPI or is this is a separate document?

    Thanks

    Breeze2


  4. #4
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Quote Originally Posted by Breeze2 View Post
    Thanks Hell,

    I have just received my statements. However they only date from 2002 till now with a few missing( for which they have listed the PPIicon charges) . My account was opened in 1993 – should they have provided me with statements since then? If not can I demand them?.

    There is a PPI charge on all statements so if I do claim the amount is going to be pretty hefty.

    Still waiting for my CA which I have requested over the phone several times now and now have a direct extension number to someone at GE Capital who seems pretty switched on. ( Not the usual customer services rubbish). Will the CA contain the terms of the PPI or is this is a separate document?

    Thanks

    Breeze2
    Hello Breeze,

    Write back to them with a non-compliance letter of the Data Protection Act. You will find it in the bank template letters sticky on the main page.

    As regarding your credit agreement, you need to send a formal request under section 77/78 of the consumer credit act 1974

    You will find the letter on this sticky you need letter N. It costs £1, sent a postal order, sign the letter with a digital signatureicon or one that you know if you see it again. I normally draw a line through my signature. Better to be safe, it is amazing what they can do with software Again sent everything recorded delivery and keep everything for future reference.

    Creditors and DCAs - Letter Templates & Budget Planner

    They have timelimits to comply with your request, or they are up the creek without a paddle.

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  5. #5
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Hello Hell,

    Should I also demand pre 2002 statements - are they legally bound to do this? I need to find out how much PPIicon they charged since I took the card in 1993.

    Also ,they have provided me with details of the charges which are in the missing post-2002 statements. Is it still worth pursuing these if all I need them for is to calculate the amount I claim and I have that information now anyway?

    What are the consequences for me in terms of settling any claim if they do not provide the statements?

    Thanks , Breeze


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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Good Luck Breeze2.
    I am also after GE Money for PPIicon mis selling.
    I am also interested in pre 2002 statements, they told me they only have 6yrs worth (some were missing then).


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    Default Re: Claim back GE Money PPI from pre 1997 store card

    The cheek!

    In going through all my statements , GE sneakily raised the monthly PPIicon charge from 1% to 1.5% in the middle of 2003 meanng it went up by about £10 each month!. Firstly I am sure I was never notified and, secondly, it must be in breach of their own terms and conditionsicon. Presumably if they are to claim I agreed to PPI ( even though miss-sold) their agreement would have been for a set percentage for the time of the account?


  8. #8
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Quote Originally Posted by hellhasnofury View Post
    Hello Breeze,

    Write back to them with a non-compliance letter of the Data Protection Act. You will find it in the bank template letters sticky on the main page.

    As regarding your credit agreement, you need to send a formal request under section 77/78 of the consumer credit act 1974

    You will find the letter on this sticky you need letter N. It costs £1, sent a postal order, sign the letter with a digital signatureicon or one that you know if you see it again. I normally draw a line through my signature. Better to be safe, it is amazing what they can do with software Again sent everything recorded delivery and keep everything for future reference.

    Creditors and DCAs - Letter Templates & Budget Planner

    They have timelimits to comply with your request, or they are up the creek without a paddle.
    Done the above , the 12 working day time limit has passed and no credit agreement has arrived. Neither did they produce all the statements they should have.

    I am now going to send inmy letter to claim back the PPIicon charges, although I couldnt find a template for it.

    In the letter :

    Should I mention the fact that they did nit produce the credit agreement
    Should I claim the interesticon at 5% on top of PPI amount?

    Many thanks

    Breeze


  9. #9
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Without I hope stepping on hellhasnofurys' toes,

    They have failed to provide the information requested under the legal direction of the Consumer Credit Act 1974 Sections 77/79. You pay the statutory fee £1.00 they provide the information within 12 days plus 2 for postage timings. They have not done this therefore this is a breach within law of the CCA 1974. ( remember you have paid for this information in line with Section 77 (1). A non compliance letter as hhnf states would be the next step.

    They should not only produce the Consumer Credit Agreement but also the terms and conditionsicon applicable to the CCA, the statements of the account and any other relevant documentation in regard to this CCA.

    You can now either complain to the Information Commissioner Office about the failure to supply within the law a request for information within the directives of the CCA 1974 or you can start Court proceedings. YOU will need more advice on this path. The Information Commissioners Office route will take about 28 days to respond to a claim (they are really swamped).
    Check this link for letter templates:

    Bank templates library

    You can claim the interesticon but again not my field ( duffer at maths )

    I am not sure if there is a template for reclaiming PPIicon but if you check this link you may get an idea of my claims;

    alanalana PPI claim against RBS (looking for some help) please

    hope this helps you
    aa


  10. #10
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Quote Originally Posted by alanalana View Post
    Without I hope stepping on hellhasnofurys' toes,

    They have failed to provide the information requested under the legal direction of the Consumer Credit Act 1974 Sections 77/79. You pay the statutory fee £1.00 they provide the information within 12 days plus 2 for postage timings. They have not done this therefore this is a breach within law of the CCA 1974. ( remember you have paid for this information in line with Section 77 (1). A non compliance letter as hhnf states would be the next step.

    They should not only produce the Consumer Credit Agreement but also the terms and conditionsicon applicable to the CCA, the statements of the account and any other relevant documentation in regard to this CCA.

    You can now either complain to the Information Commissioner Office about the failure to supply within the law a request for information within the directives of the CCA 1974 or you can start Court proceedings. YOU will need more advice on this path. The Information Commissioners Office route will take about 28 days to respond to a claim (they are really swamped).
    Check this link for letter templates:

    Bank templates library

    You can claim the interesticon but again not my field ( duffer at maths )

    I am not sure if there is a template for reclaiming PPI but if you check this link you may get an idea of my claims;

    alanalana PPI claim against RBS (looking for some help) please

    hope this helps you
    aa
    Hello Breeze,

    I am unsure that the Information Commissioners Office will not look into your complaint as to not receiving your credit agreement and their breach of the consumer credit act section 77/78. They deal with non-compliance under the Data Protection Act, so if they did not comply with your SARicon you would ask them for assistance. Personally I would report them to the Financial Services Authority, Office of Fair Trading and Trading Standards for starters. They will not personally investigate your complaint, but you will be given a reference number to quote for your letters. and when they receive enough of them, they will investigate the firms and may fine them heavily:grin:

    Also I would not worry to much about their serious breach of this Act, by not providing the ca, more fuel to your fire:grin:

    There are template letters for reclaiming ppi in the ppi sticky, courtesy of Reidnet. Have a look, amend it to your details. I would also mention that they are now in breach of your request under section 77/78 of the cca and this is not acceptable and that you are reporting this to the enforcement authorities (FSA, OFT and TS)

    PPI - Some Notes for Claimants

    Interest is complicated, unless you are a accountant. If you can work out how much interest they charged you for every payment that you made to them. This would be the interest rate they charged you, ie 16.9% 24.9%, have a look at your statement, sometimes it is a monthly interest charge.

    Once you have worked out the interest they have charged you each month, put the ppi amount and the interest on a spreadsheet, you will find the spreadsheet in the bank template letter link aa has added. If you use the advanced excel or word spreadsheet you can change the interest rate to their contract rate they charged you.

    The bottom line is you claim back your ppi payment and the interest they charged you on them, plus you wish interest on those monies at the statutory interest rate of 8% or the contractual interest rate they charged you, as this is monies you have been deprived of

    Shout if you need help:grin:

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  11. #11
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    Smile Re: Claim back GE Money PPI from pre 1997 store card

    Talk about unbelievable. My wife had a problem whereby GE via a Debenhams card had made a cock up (they sent a letter admitting this) which resulted in her having another cheque bounced.
    Anyway thats drivel not unbelievable so I'll get to the point.
    I looked at her statement and she to has a balance of £2400 and yes she too is payng £35 a month for this Account Cover charge. This being the case I don't want to hijack your thread Breeze but will it be ok for us to keep in touch? You've already given me some useful info as I couldn't believe they would have been charging this prior to their 'change' from store to credit card last year.


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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Hi Chip,

    This is fine,

    Just found some interesting info re agreements made before 2005 on which website. Below is the general text but here's the link Payment protection | Were you mis-sold PPI? | PPI - rules before 2005

    PPI - rules before 2005
    PPI wasn't regulated until 14 January 2005, but for sales before this date, advisers still had rules to follow.
    The sale of payment protection insurance wasn't regulated by the Financial Services Authority until 14 January 2005.

    However, advisers selling PPI still had rules to follow. Most firms or advisers selling PPI would be covered by a code of practice imposed by one of three trade bodies: the Association of British Insurers (ABI), the General Insurance Standards Council (GISC) or the Finance and Leasing Association (FLA).

    All three codes of practice required advisers to provide information at the time the insurance was taken out, to help you decide if the policy was suitable for you.

    Essentially, advisers and firms were required to cover the same points as they do according to the current rules.

    The main difference between sales before and after regulation is that all sales before regulation were 'non-advised', as the 'advised' regime didn’t come in until regulation was introduced.

    So, even if your policy was sold to you before 14 January 2005, if the adviser didn’t cover the points under 'all sales' on the PPI – the rules page, then you may have been mis-sold and should make a complaint.


  13. #13
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    Smile Re: Claim back GE Money PPI from pre 1997 store card

    Cheers Breeze did you send them a tenner for your SARicon?


  14. #14
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Yes, I did. For the SARicon I got a reply within a week saying the info would be its way. I recived the last 6 yearsicon satement with about 8 missing and also no CA

    I also sent, separately, later on, the request of my cedit agreement under Consumer Credit Act 1974 Sections 77/79, recorded delivery, with £1 postal order to the same address. I sent it 30th April. No reply at all. I suspect they have lost the CA

    I guess it means they dont have a leg to stand on if they want to contest my PPIicon reclaim?.


  15. #15
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    sorry, I sent it 30th March, not April


  16. #16
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Nice one Breeze just noticed MSOWING got his money back.


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    Smile Re: Claim back GE Money PPI from pre 1997 store card

    Written up the SARicon and the CA request and will get her to send both tomorrow. I honestly dread to think how much this lot have taken off her over the last decade or couple of decades.


  18. #18
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    Smile Re: Claim back GE Money PPI from pre 1997 store card

    Just got the details of my wife's account back for her Debenhams Card. I assume I must be missing something here because I can't believe what they sent back.
    A photocopy of the credit agreement from 1995 signed by my wife.......wit for it. On which it clearly shows a tick against the I do not require Payment Protection. It's as clear as the nose on your face. So now I'm totally lost. As mentioned I'm looking to reclaim this Payment Protection so why would they send me a photocopy of a document that in effect says we've been taking it for 13 years anyway. Am I missing something or have they made a bit of a !!!! up in sending her this info.


  19. #19
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Quote Originally Posted by chipbeck View Post
    Just got the details of my wife's account back for her Debenhams Card. I assume I must be missing something here because I can't believe what they sent back.
    A photocopy of the credit agreement from 1995 signed by my wife.......wit for it. On which it clearly shows a tick against the I do not require Payment Protection. It's as clear as the nose on your face. So now I'm totally lost. As mentioned I'm looking to reclaim this Payment Protection so why would they send me a photocopy of a document that in effect says we've been taking it for 13 years anyway. Am I missing something or have they made a bit of a !!!! up in sending her this info.
    Hello chipbeck,
    Can you start you own thread please, so we can help you

    As regarding the credit agreement they sent you from heaven I might add They have totally shot themselves in the foot with it. Is there any mention of a phone callicon in which it was added That may be there next move to cover up their tracks.

    Work out your figures using the spreadsheet in the bank charges template sticky, at both their contractual interesticon rate and the 8% statutory interest rate.

    Once you have done this send your preliminary letter asking for it back, stating this evidence.

    If you need help ask

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  20. #20
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    Default Re: Claim back GE Money PPI from pre 1997 store card

    Hello Hel,

    a bit of a dealy in my next stage.

    GE Money never sent me my credit agreement so I'me goingto send my claim letter any way. here it is below. Could you advise on any changes I should make?

    Many thanks Breeze

    I purchased the Account Cover Insurance when I took out the above card from you in xxxxxx but now believe that I was mis-sold this policy for the following reasons:
    • This is due to the fact that I was self employed when I took out the policy and your member of staff did not ask me about my employment status when the policy was sold.

    • This is due to the fact that you have been fined by the FSA for failing to treat your customers fairly when selling Payment Protection Insurance and I do not believe that my policy was sold in my best interests.



    This is due to the fact that I was not given the correct information when the policy was sold to me, as
    • your representative did not give me full information on what the policy would and would not cover.
    • I am concerned the representative that sold me the policy has no financial background and the policy was not sold in my best interests.
    .
    • having recently looked at the paperwork for my store card I now realise that I have been paying for insurance that I did not know I had taken out so could not have been explained to me. I asked for payments for this to stop in xxxxxxxx which you complied with.

    Even though my insurance was taken out before the 14 February 2005 ruling the selling of PPIicon by GE Money was covered by a code of practice imposed by one of three trade bodies: the Association of British Insurers (ABI), the General Insurance Standards Council (GISC) or the Finance and Leasing Association (FLA). All three codes of practice required advisers to provide information at the time the insurance was taken out, to help decide if the policy was suitable.




    Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent interesticon on these payments, that I have paid to date. As I believe I have been deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to each payment made.

    I have attached ( page 3) a list of the charges for which you have given me records. The total is xxxxxxx

    I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks.

    Yours faithfully,



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