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  1. What they appear to have offered you is a repayment of a proportion PPI left on the remainder of the term? Personally I would go to the FOS, and complain through them. It is free and if the PPI has been mis-sold they will get this back for you. I had a mis-sold PPI on a GE Money loan, via a broker, and I have been through this process, only to be told that the broker wasn't a member of the FSA. However I then went down the small claims court route, and despite threats of very high costs, I won the full value of my PPI and interest back. The claim was based on the fact I was told I would not receive the loan applied for without PPI. I went to court and they buckled at the final hurdle.
  2. GMAC's lawyers have got this claim stayed subject to the OFT and Abbey National's test case (claim no. 2007 Folio 1186)!? I thought that was only bank charge claims. Cheeky blighters... Does anyone know where I stand??
  3. I hope someone can advise me of my next step! I have done the Data letter, request for repayment, letter before action and N1 filed at court. Today I received "NOTICE OF HEARING OF APPLICATION" and although I fully expected this I am quite daunted! :o I have an Application Notice from the defendent and have been asked to complete this and send back with fee (how much is this?) and draft order, witness statement or other evidence. Basically, I am relying on the fact I was misadvised over the phone THAT I WOULD NOT GET THE LOAN WITHOUT PPI. It is my word against Central Trust PLC. Can anyone help?
  4. GE Money have agreed to pay out in full (including interest & court fees) on charges. Now just waiting for PPI from broker!!
  5. Do these look okay? Any comments appreciated. 1. The Claimant had a Mortgage account (“the Account”) with the Defendant. This was opened on 9th December 2005 with and subsequently closed on 21st February 2008. 2. The Claimant is claiming the return of £905 taken by the Defendant by way of penalty charges in the form of a combination of failed direct debit fees, arrears fees, exit fees and charges for telephone calls on mortgage account no XXXXXXXX. A schedule of charges detailing the charges is attached to these particulars of claim. 3. a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) These charges relate to the Claimant’s breaches of the contract signed with GMAC RFC. The Defendant's charges do not amount to a genuine pre-estimate of loss and are intended to deter a breach. They are therefore unenforceable contrary to common law as affirmed in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Further, as a disproportionate penalty it is invalid under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). 4. The Claimant has repeatedly asked the defendant to justify these charges but they have declined to do so. Accordingly the Claimant Claims: a) The return of the amounts paid to the Defendant in the sum of £905 b) Court costs b) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year as detailed on the attached schedule.
  6. My PPI for a loan with GE MONEY was sold by the INDEPENDENT FINANCE CORP - Who should I claim against?
  7. I have done my RFR and LBA - and am now keen to get my N1 forms off to the court, but should I do separate claims for charges and PPI on a secured loan with GE Money. Also, PPI and loan was sold by a broker...
  8. Thanks for the advice, that was my concern, but it's charges on a second-charge secured loan - not a bank account?
  9. I have sent LBA to GE Money regarding charges and mis-sold PPI - no response. Do I need to file separate court claims?
  10. thanks lilal... does anyone know if i need a separate claim for PPI and charges, or can they be on the same N1?
  11. thanks lilal... does anyone know if i need a separate claim for PPI and charges, or can they be on the same N1?
  12. Also, if I go to court should I keep charges and PPI claim separate?
  13. I have totted up the totals and have been charged £50 for an 'unpaid ground rent' charge. GMAC deucted and paid the leaseholders/managing agents my ground arrears out of my advance, but charged me £50 for the privilege. And £100 they charged me for Solicitors Instruction Fee - even though I never once received any correpondence from solicitors. They also had the audacity to charge me £15 for not paying by DD for a period of three months, despite paying on my card by the allotted time. Can I claim all of these back?
  14. Cheers TC. Glad to see a fellow Yid coining in a few quid!! You couldn't let me have a copy of your POCs pls?
  15. I am a former GMAC Mortgage customer and have since switched to another provider. I have about £1000 of rolled up charges over the last three years; can I reclaim these (or part of these)? My understanding was that bank and credit card charges were okay - but mortgage charges claims were more risky, so I left it while I still had the mortgage. However, now I have switched is it worth launching a legal bid to reclaim the charges?
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