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Claiming Prestige Finance/GE Unlawful Charges


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Today I received a large pile of documents from Prestige Finance, with whom I have a second mortgage.

 

I have identified 10 unlawful charges of £35 each.

 

But this account was previously held by lenders GE Money.

 

Either they went into administration and "became" Prestige Finance, or GE Money simply sold my account to Prestige Finance.

I have identified seven unlawful "administration charges" of £40 each while the account was with GE Money, before I found my account being handled by Prestige Finance.

 

So my question is in two parts.

 

1. Am I entitled to recover the £280 unlawfully charged to me by GE Money before Prestige Finance aquired the account (and if so, who do I get the money from? Prestige? Or GE, who may no longer exist?) I had always assumed that if a going concern such as a lender was aquired by another going concern then the buyer going concern would also be buying the seller's liabilities as well as its assets (in which case Prestige would be liable to refund me the money that GE had stolen from me). But I may be wrong in this case.

 

2. How do I get my money back from Prestige Finance?

Do I just ask for it back or do I need to take them to court?

Can I charge interest at the statutory 8% and how can I calculate that?

Can I add on anything else such as the time it has cost me and also the stress?

 

Thanks in advance.

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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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moved to the mortgage forum and retitled

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

you are here already

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

1. Am I entitled to recover the £280 unlawfully charged to me by GE Money before Prestige Finance aquired the account (and if so, who do I get the money from? Prestige? Or GE, who may no longer exist?) I had always assumed that if a going concern such as a lender was aquired by another going concern then the buyer going concern would also be buying the seller's liabilities as well as its assets (in which case Prestige would be liable to refund me the money that GE had stolen from me). But I may be wrong in this case.

 

You can try but you have to convince a court that they are unlawful and not just their Terms and conditions that you fell foul of in the conduct of your agreement.

2. How do I get my money back from Prestige Finance? Informal approach and then or court claim

Do I just ask for it back or do I need to take them to court? See above depends on their response but I doubt they will just role over and send you a refund

Can I charge interest at the statutory 8% and how can I calculate that? Yes on a court claim......discretion of the court to allow it.

Can I add on anything else such as the time it has cost me and also the stress? No

 

Andy

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