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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  1. #1
    Basic Account Holder weaver440 Novitiate weaver440's Avatar

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    Default British Gas Loan charges

    Hi,

    Can anyone help me. I have been charged late payments for a loan I have with british gas and although they have not actually taken this money from me they have added it on to the outstanding balance owing. I want them to remove these charges from the balance so my question is do I go about doing this in exactly the same way as reclaiming bank charges by sending the prelim letter ( I already have all my loan repayment statements) or is the procedure different? Any help would be much appreciated.

    Thanks

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  2. #2
    Basic Account Holder weaver440 Novitiate weaver440's Avatar

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    Default Re: British Gas Loan charges

    Anyone????? Please.


  3. #3
    Basic Account Holder weaver440 Novitiate weaver440's Avatar

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    Default Re: British Gas Loan charges

    HELLO, HELLO, HELLO HEEEELLLLLOOOOOO anybody there??


  4. #4
    Battleaxe
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    Default Re: British Gas Loan charges

    I would go the same way as applying for the bankcharges to be removed. I have done this successfully with two companies. They hate it and you will get a fight, but after it is loan, so the same principle applies


  5. #5
    Battleaxe
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    Default Re: British Gas Loan charges

    Hi Peter, I have gone quiet, had a post CABbotted. Never mind. so watching what I post in the public interesticon Too cold and too wet to head down to Stonehenge so have to do my stuff in a wet back garden, want to come over and celebrate Ostara with us?

    Now instead of hiujacking the thread, let's get down to business. They removed the charges after I threatened the TS being brought in to the argument and also I did the SARicon on them and then when they breached got the ICO involved and that was when they decided to play ball and remove the charges. As the interest had already been applied in the beiginning they could not addd extra interest, they called the charges and administration fee, guess what they are still unlawful and I used the punch on the nose analogy as my terms and conditions, and punching them on the nose still did not make my action lawful. British Gas are iin doo and it would hurt the O/P to contact Money Matters in the Daily Mail and get Margaret on to them, just for added aggravation.


  6. #6
    Basic Account Holder zubo Informative zubo Informative zubo's Avatar

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    Default Re: British Gas Loan charges

    Quote Originally Posted by Battleaxe View Post
    Hi Peter, I have gone quiet, had a post CABbotted. Never mind. so watching what I post in the public interesticon Too cold and too wet to head down to Stonehenge so have to do my stuff in a wet back garden, want to come over and celebrate Ostara with us?

    Now instead of hiujacking the thread, let's get down to business. They removed the charges after I threatened the TS being brought in to the argument and also I did the S.A.R - (Subject access requesticon) on them and then when they breached got the Information Commissioners Office involved and that was when they decided to play ball and remove the charges. As the interest had already been applied in the beiginning they could not addd extra interest, they called the charges and administration fee, guess what they are still unlawful and I used the punch on the nose analogy as my terms and conditions, and punching them on the nose still did not make my action lawful. British Gas are iin doo and it would hurt the O/P to contact Money Matters in the Daily Mail and get Margaret on to them, just for added aggravation.
    Hopefully Mr Weaver will now issue a SARicon, tot up the charges add interest and threaten them with jumping on the unlawful penalty charges bandwagon.

    Who the hell do they think they are? A BANK??


  7. #7
    Basic Account Holder weaver440 Novitiate weaver440's Avatar

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    Default Re: British Gas Loan charges

    Hi Battleaxe,

    Thanks for your reply, was beginning to think everyone had gone home!!! I have had 2 successful claims against the banks but was really unsure about the loan companies. B/Gas have been harrasing me night and day with calls, my payments are upto date but they say I am in arrears because I refuse to pay for the charges on 2 late payments ( I no longer have a d/d arrangement with them since suing my bank and having to open another so I just call them each month and make payment over the phone which means of course I get to tell them exactly how much it is I am going to pay and its always the agreed monthly payment) of course even as we speak the arrears they say I am in is gaining interesticon! Apparently one lady I spoke to said everytime they make a call they charge me another 10!!!!!!!! If thats true I dread to think how much they now say I owe. Anyway I spoke to one really 'up herself' lady and told her what I intended to do and she was quite insistant that it was a load of rubbish, that she was well aware of all the people getting monies from banks etc but that no way anyone had got money back from loan companies. Listening to you though I guess she's talking out her backside????????? So just to reiterate, I send my 1st letter asking for the charges to be removed from the account ( can't ask for money back as they haven't actually taken it from me) and then the second letter as per the banks? Sorry if I am being dim but am out of my comfort zone with it not being a bank.


  8. #8
    Battleaxe
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    Default Re: British Gas Loan charges

    Weaver,

    Treat them exactly the same as the banks, SARicon them and ask for complete statement of charges and interesticon.

    Do spreadsheet and list when the charges got loaded on and use this as the basis of the claim. If it gaining interest you can claim it. I realise it is paper exercise at the moment, but you have to show them you are serious about getting the charges and interest attracted by the charges removed from your account. They will also be updating you credit file and showing that the payments are late, or if not, these things will be added on to the end of your loan.

    Go for it, SARicon, pre-lim, lbaicon then N1.

    She is talking out of her bum. I have done this and won.


  9. #9
    Basic Account Holder younganfree Informative younganfree Informative younganfree Informative

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    Default Re: British Gas Loan charges

    Hey, Weaver!!

    I've been away for ages and just started catching up with the A&L forum a few days ago. Thought I'd check in on your Natwesticon claim and low and behold you won ages ago! Sorry I missed your victory.

    Needless to say though I'm chuffed to bits for you. You must have had one of your best Christmases ever.

    I know this has nothing whatsoever to do with your current crusade, but I assumed you probably didn't check up on the NW forum now (what reason do you have to do that?), and I really wanted to add my congrats - even tho they are totally belated! ! !


  10. #10
    Basic Account Holder weaver440 Novitiate weaver440's Avatar

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    Default Re: British Gas Loan charges

    Ha Ha. Now that has brought a smile to my face How's it going?Its Good to hear from you youngnfree, where on earth have you been? As you quite rightly say I had a brill christmas and hopefully the new year will be just as fruitious! I want to get British Gas sorted, Capital Oneicon sorted then thats it, I am going to hang up my gloves! Anyway a bit late I know but I wish you and all your family a happy and prosperous new year. Take care.

    Lynne


  11. #11
    Basic Account Holder younganfree Informative younganfree Informative younganfree Informative

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    Default Re: British Gas Loan charges

    Big hugs weaver! It's nice to catch up with old 'friends'.

    To be honest with you it got a bit lonely on A&L cos everyone was winning their claims and disappearing, and it just wasn't the same with the newbies. So I just stopped logging in.

    I'm back now though. Sharing my experience (ahem), with the newer victims and it's like I've never been away.

    I was really happy to find you this morning. Sorry you're still having to chase nasty people of course, but glad to find an old buddy.

    Thanks for your festive wishes. Same goes doubly from me to you and yours.


  12. #12
    Basic Account Holder weaver440 Novitiate weaver440's Avatar

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    Default Re: British Gas Loan charges

    Thanks for your reply Battleaxe, much appreciated. Could you please help me with one more thing before I go ahead and send my pre lim letter. Reading around I have noticed a few threads where people are asking the loan Co. for copies of original signed agreements. If I remember rightly I did sign an agreement/contract for the original loan, however, part way through I increased the loan. Do you think this is to be considered a new loan or an ammendment to the old one? If the former then I did not sign anything! I think either way I may just ask them to send me a copy of the signed agreement so my next question is can you point me in the right direction for the letter I will need to send them asking for the signed contract and the timescale in which they have to comply. I have looked honestly but cannot find it?
    Quote Originally Posted by Battleaxe View Post
    Weaver,

    Treat them exactly the same as the banks, SARicon them and ask for complete statement of charges and interesticon.

    Do spreadsheet and list when the charges got loaded on and use this as the basis of the claim. If it gaining interest you can claim it. I realise it is paper exercise at the moment, but you have to show them you are serious about getting the charges and interest attracted by the charges removed from your account. They will also be updating you credit file and showing that the payments are late, or if not, these things will be added on to the end of your loan.

    Go for it, SARicon, pre-lim, lbaicon then N1.

    She is talking out of her bum. I have done this and won.



  13. #13
    Battleaxe
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    Default Re: British Gas Loan charges

    Oh golly,

    Somewhere in the libraryicon is a letter requesting a copy of your agreement under Section 77-78 of the consumer crediticon Act. It costs 1.00. they have a certain time to supply it.

    They should have supplied it with your SARicon but if you didn't specifically ask for it, they wont volunteer it.

    If I was you, I would do another SARicon, yep 10.00 in cost but make sure you ask for a copy of your EXECUTED AGREEMENT. This way it gives them no room to maneouvre their way out of providingng you with the correct copy. otherwise they will just pass a copy off, which is not an executed agreement.

    Hope this is clear.


  14. #14
    Basic Account Holder zubo Informative zubo Informative zubo's Avatar

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    Default Re: British Gas Loan charges

    Quote Originally Posted by Battleaxe View Post
    Oh golly,

    Somewhere in the libraryicon is a letter requesting a copy of your agreement under Section 77-78 of the consumer crediticon Act. It costs 1.00. they have a certain time to supply it.

    They should have supplied it with your SARicon but if you didn't specifically ask for it, they wont volunteer it.

    If I was you, I would do another SARicon, yep 10.00 in cost but make sure you ask for a copy of your EXECUTED AGREEMENT. This way it gives them no room to maneouvre their way out of providingng you with the correct copy. otherwise they will just pass a copy off, which is not an executed agreement.

    Hope this is clear.
    Hi

    Try this - I did get it from the library!!

    http://www.consumeractiongroup.co.uk...thdrew-my.html

    post #5


  15. #15
    Basic Account Holder weaver440 Novitiate weaver440's Avatar

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    Default Re: British Gas Loan charges

    Hi again,

    Right, just to update and seek advise. Sent request for repayment of charges of to British Gas Loans/ BOSicon on 7th March which was signed for on the 8th March, included in this was a request for the signed executed agreement and a cheque for 1.00 (did not need statements as already had them). Had nothing from them except for constant calls from thier collections dept most of which I ignored primarily because they were to my mobile whilst I was at work! Anyway, when I did eventually speak to someone they said they had no record of recieving this letter (funny how it was signed for and that the cheque had been cashed) Bless them!!!! Anyway sent my lbaicon of on the 12 April and to date have still had nothing except again constant phone callsicon. So am I correct in saying that if they have not complied within 12 days after the request was made they have defaulted under sections 77(1) and 78(1) of the consumer crediticon act and that being the case the debt is now unenforcible which means I can suspend payments? Not only that but now that 1 month has passed since the request was made they have also now commited a criminal offence? Could someone please confirm that I have this right and if I do could someone point me in the right direction for letters to trading standards and FSA, also has anyone written to their MP's or local papers? I am so incredibly angry about this, thier behaviour has been what you would expect when borrowing money from Loan Sharks, the harrasement has been unbelievable! Soonest responses would be much appreciated.


  16. #16
    Basic Account Holder weaver440 Novitiate weaver440's Avatar

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    Default Re: British Gas Loan charges

    Hi,

    Just to update, its been a busy couple of weeks and alot has happened but in a nut shell this is it

    1/ 7 March sent lst letter requesting return of loan charges - (no response) except constant phone callsicon from their collection dept!
    2/ 12 March sent 2nd letter (lbaicon) - (no response) except constant phone callsicon from their collection dept!!!!
    3/ 27th April sent Harrassment letter telling them that their continued harrassment of me by telephone puts them in breach of section 40 of the administration of justice act 1970 and the protection from harrassment act 1997 - (no response) except, yes wait for it - constant phone callsicon from theit collections dept!!!!!!!!!!!!!!
    4/ 30th April sent letter advising them that as a result of their non compliance they have commited a criminal offence under the CCA - (no response) except constant phone calls from their collection dept!!!!!!!!!!!
    5/ 1st May sent letter to the OFT ( along with a copy of all the comminication from me to British Gas) outlining the case and making a severe complaint - (as of yet no response)
    6/ 4 May sent a copy of the letter sent to the OFT to the Office of fair trading.
    7/ 14 May sent my last letter to BG basically quoting the CCA 1974 and how by not complying they have commited an offence and as a result I am no loger liable and not only that I will be seeking to have all monies paid returned to me!!!! Also to advise them that they are in breach of the Administration of justice and protection from harrassment acts by their constant calling and if i receive another call from them on receipt of the letter I will call the police! I have also re-iterated the DPA 1998 and confirmed that I require them to destroy all data about me that they hold to be destroyed, that there are no more calls, that all correspondence is in writing and that they send me written confirmation to say that this has been done.

    So guys there it is, will keep you updated.


  17. #17
    Basic Account Holder weaver440 Novitiate weaver440's Avatar

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    Default Re: British Gas Loan charges

    Well, I now need some serious advice if there is anyone who can help. You can see from my previous post how far things had come, well I got a letter dated 11th from AA personal Finance ( underwriters for British gas Loans I think) from there customer care dept. Basically the letter is a response to my Harrasment letter sent to British Gas but because it is a complaint they have just looked at it as an isolated letter and passed it on to the complaints dept. I have responded to the letter advising them that there is a lack of communication at there end as this is not just about harrassment - the account is in disputeicon I suggest Mr. so n' so go and check the records! Anyway, yesterday I had another letter from Mr. so n' so at AA personal Finance, again apologising that I am still unhappy about the repeated phone callsicon and that I still remain unhappy about there service!!! He is going to order me a copy of the original application form and agreement and also statement of account!!!!!!!!!!!!! What I want to clarify is - if they do indeed produce the documents at this late stage is it basically tough *itty for them, can they continue to persue this? They had thier chance to supply it when asked for and their 30 days were up on the 26th April for goodness sake!!!!!!!!!!! Can I still maintain that I am not liable as they did not comply within the lawful specified time period and have therefore committed an offence or will I have to continue paying like nothing has happened?:o They have been such complete and utter pigs it will kill me to have to bow out now and start paying them again - I was even getting ready to demand all payments made back so angry am I with them!!!!!!! Please, one desperate person here so all help very much appreciated.



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