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Ge money /prestige secured loan finance charges reclaim ?


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You can ask but i am bound by a tomlin order so i cant answer, it was simply at a level i was happy with.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?467674-Acenden-Spml-Eurosail-Ge-money.-Are-these-all-same-company/page7

 

 

Have a read through this one, theres one in there, just adapt to your circumstances.

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Dear Sir/Madam

My request

I am writing to ask you to refund the charges which you have levied from my account between 09/08/2007 to 27/08/2014 in respect of late payment, arrears management, litigation fees and legal costs to the sum of £3,000.75 and the sum of £4,820.77 representing the contractual rate of interest applied by yourselves in respect of the said charges this totals £7,821.52 (Please find enclosed schedule of charges detailing dates, amounts and interest) and. We now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

In the case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract as oppose to a charge which represents a penalty. This law was confirmed and upheld in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. A charge will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach. A penalty clause is void in its entirety and unenforceable.

I would like to bring your attention to the following statement by The Office of Fair Trading:

"A term in a secured icon agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

I believe that the charges you have levied of far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches, in order to reassure us that your charges really do reflect your costs.

I really hope that this matter can be resolved amicably and without the need for redress to the courts. Thus I am asking that you refund the charges which have unlawfully been levied on my account. Failure to refund all the money unlawfully taken from us will result in us taking further action. I will give you 14 days to reply accepting, unconditionally, my request in principle and letting me know a date by which we will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before actionicon giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Thus take this letter as 28 days written notice of my intention to issue a court claim should you not comply with my request. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

does this look ok ?

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If those are your figures as per your spreadsheet then its good to go, include a copy of the spreadsheet

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  • 2 months later...

Letter before action next then with updated spreadsheet

 

14 day deadline then issue claim

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Does this look ok to send ?

LETTER BEFORE ACTION

Dear Sirs,

Further to my letter of May2017, I am disappointed that i have not received a satisfactory response.

Having reviewed the account I have found an alarming number of charges and additional interest charges on the account.

I am now in the belief that these charges and the interest that you have charged on them are unlawful at common law, statute and recent consumer regulations.

These charges would appear to represent an unfair term of contract which is contrary to the UTCCR regulations 1999 (Si 1999/2083).

The account falls within the ambit of Regulation 5 of the UTCCR Regulations 1999 as I am a consumer.

The charges and additional interest charged upon the charges constitute an unfair penalty under schedule 2 of these Regulations, which provide an indicative but not exhaustive list of terms which may be regarded as unfair.

Under paragraph 1(e) of schedule 2, this specifically includes terms which have the object of requiring any consumer such as myself, who fails his obligation to pay a disproportionately high sum in compensation.

I would vigorously contend that this is the position regarding the fees and subsequent additional interest which have been applied to the account.

I wish to bring to your attention the following statement from the Office of Fair Trading:

“A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than the actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

I am therefore writing to ask that you refund all the charges levied against the above account in respect of, but not limited to, Administration Fees, Additional Interest, Direct Debit Recall Fees Etc.

These fees total £8040.54

I firmly believe that the charges and fees levied far exceed any true cost to yourselves as a result of the breaches incurred and of any genuine pre

estimate of loss you could conceivably reach.

Please forward a breakdown of the costs you have incurred as a result of the breaches in order to reassure that they do actually reflect your costs.

I therefore ask that, by return, you refund the total in charges and fees including compound interest, a total of £xxxx.xx.

Should you not respond in a positive manner within 14 days of the date of this letter I will be left with no other alternative but to pursue you through the courts, however, I would hope such action was not necessary.

This is a Letter before Action and court action WILL commence after the expiry of the deadline set above.

I have enclosed for your information a spreadsheet outlining the

charges, fees and interest

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Looks fine to go. Include an updated spreadsheet.

 

One question. The £8k charges, does that include compound interest?

 

If not just be aware that the inclusion of interest will no doubt take the total amount to claim above the threshold of £10k for small claims, this is ok but remember that you will end up in fast or multi track which can lead to you being liabke for the defendants costs should you lose and they love to play the threat card.

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  • 4 months later...

Well I'm still on with this .

 

It's seems the letter I sent to ge was forwarded to prestige who I've already written to last year and they told me to write to ge regarding the fees as they say they will not refund

 

they also keep saying go to the fos if I'm not happy .

 

Why would be send prestige the letter I sent them ?

 

Also if I took them to court who would I take ?

 

Ge or prestige ?

 

I'm not even sure I could afford the court fees I've just seen how much they are !

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GE will never admit or cough up

The fos won't help

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you are being pointed to a couple of threads where people have started legal action against GE money and they have thrown in the towel on the debt because they dont want to explain how they operate to a court.

the fact these cases are a couple of years old doesnt change their usefulness.

 

You need to get your figures worked out and then start to bite their backside.

 

These seem to be from years ago ? Or am I reading the wrong things ? I'm still confused but maybe it's just me being hopeless
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Thankyou for the replies

 

I've read the posts

my charges with interest are thousands 8ish by now I think so court fees are a fortune for me for this amount .

 

However what I really don't understand is why the letter I sent to ge was replied to by prestige !

 

Orange prestige and they said that ge had forwarded them the letter and they replied but they couldn't tell me why ?

 

So if I send another letter or take ge to court

 

what would happen given that they seem to think as they sold the debt to prestige they are reliable for the unlawful charges ?

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they are still liable to repay you the monies they have unlawfully added to the account.

 

They may well have sold the debt on for a pittance and the money they owe you is far more than they ever had in the first place.

TOUGH. that is their problem.

 

They will of course tell you that they sold it on so they don't owe you- rubbish.

Again, read all about it.

 

the court fee for £8k is £455 or less if you go online.

If you are poor there is a form you can fill out and get a remission of fees.

 

That will bring the cost down to zero if your circumstances are that bad.

You don't have to be on benefits but if you are it is easier for them to check your entitlement to the remission.

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  • 6 months later...

no time limit

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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