Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
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.
All the best bailey54. GE Money seem to respond fairly quickly. Keep us posted.
Steven
Using CAG Toolbar will generate much needed income - Download Here
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My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
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.
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Quick update - received cheque for £336 today for charges. Keeping on to get interest as well
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Im about to make my claim with GE Money for a few accounts and just wondered if you are claimaing compounded contractual interest?
Thanks
Morgan Stanley **Won 31.01.07 with CCI** Capital One **Won 19.04.07 with CCI** Halifax current & Joint
Verbal S.A.R 11.01.07, stats recd 18.01.07 Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs GE Capital Frazercard Prelim sent with CCI 27.01.07 Burtons Prelim sent with CCI 22.01.07
RBOS Visa S.A.R sent 12.01.07 Partners JJB card (Creation) *Won* with part interest - 15.02.07
Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07
Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs
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!
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
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"
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Thanks for the quick response. I shall use 29.9% too.
Good paragraph to put in. I shall make sure I make a comment like that.
It appears that most people now offer the full charges but wont offer the interest with it. I have had full charges offer from Morgan Stanley but they wont pay the interest. I have told them I will still pursue for the interest too.
I shall watch your thread with interest (excuse the pun ;-) )
Morgan Stanley **Won 31.01.07 with CCI** Capital One **Won 19.04.07 with CCI** Halifax current & Joint
Verbal S.A.R 11.01.07, stats recd 18.01.07 Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs GE Capital Frazercard Prelim sent with CCI 27.01.07 Burtons Prelim sent with CCI 22.01.07
RBOS Visa S.A.R sent 12.01.07 Partners JJB card (Creation) *Won* with part interest - 15.02.07
Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07
Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs
Viking Collection Services Ltd have been instructed to collect this debt
Duh!
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Another letter from GE Money offering to pay the £36 estimated charges as well as the £336 they have already paid but reiterating the fact that 'no interest will be removed'.
Soooo, lba at the end of the week when SoSteve4064 gets back.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Cheque for £36 received today, lba going on Monday.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Hve today received statements and letter from GE, letter states they have problems with their statement retrieval system and list 10 statements that are missing. Any thoughts on this? How do I estimate any charges there may be on the missing ones?
Are there consecutive statements missing or have you got the ones either side of the missing ones?
If you have, then by checking the closing and opening balances of the 2 you have either side and minusing the interest, it should work out roughly whether you had any charges. Thats what I did with my partners had he had a few missing but luckily I was able to work it out.
Morgan Stanley **Won 31.01.07 with CCI** Capital One **Won 19.04.07 with CCI** Halifax current & Joint
Verbal S.A.R 11.01.07, stats recd 18.01.07 Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs GE Capital Frazercard Prelim sent with CCI 27.01.07 Burtons Prelim sent with CCI 22.01.07
RBOS Visa S.A.R sent 12.01.07 Partners JJB card (Creation) *Won* with part interest - 15.02.07
Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07
Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs
We only had one missing and two either side had the same charges so we just assumed that the missing one had the same charges on it.
From other threads it seems that GE Money do have a problem.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.