The letter states basically, if I don't accept, they'll instruct their solicitors to file a defence and apply to the court to strike out the claim.

Hi AndyIt's a secured loan/2nd mortage. so would that be 12 years??

Hi Andy, on the loan agreement, next to our address, it states "This Loan will be secured bya legal mortage over the property in the form enclosed with this agreement (the "Mortgage").

Thanks Andy - would you suggest I write to them to refuse the offer, stating the Limitations for the Secured Loan is 12 years and not 6 (as they well know) and stating I feel they are trying to mislead me, or is it best to leave well alone and see if they up the offer or submit a defence within 33 days??

Hi DXWhere can I find that the Limitations Act is 12 years for a secured loan/mortgage.I've looked around Section 5, but cannot find anything.Any pointers would be great.TYVM

Hi Andy, no defence submitted yet. I have until 4 April to accept their offer of they'll instruct solicitors to prepare defence. I'm not accepting the offer .. It's an insult and we know what the answer would be if I said I'd only pay them 1/5 of what I owed!!! I'm not sure whether to decline the offer or just not respond to their letter at all. Any advice would be greatly appreciated.

Thanks DX, Hopefully Andy will see this post .....and I'll keep it updated when I've anything new to add.

Hi DX, thanks for that, that's what I thought. The letter they sent clearly quotes 6 years statute barred ...... Trying to deceive me further I think, I actually hope it gets to court ... As I would love to show the judge that letter. Is it best to refuse the offer (and state that they've lied to me re satute barred)...... Or just do nothing and wait for them to file a defence?

Received 1st letter from GE Money this morning offering about 1/5 of claim I've put in. They said several charges are barred under s5 of limitations act [its a secured loan, so I was under the impression it was 12 years, which I think they know is the case too!]. Amazing how quickly they can reply when they want to!! they said my claim was poorly particularised and that charges do not fall under the unfair terms in consumer contracts regulations? Any thoughts anyone?..

notice of service received today ........ Let's see what GE Money do next .......

Make sure you get the possession order cancelled, that way, if you fall into arrears again, they would have to apply for a new order, and not rely on the one they already hold.Good luck.

Many thanks cb

Hi, I've read around the forums but cannot see anywhere how this is worked out. Is it given on the total amount of the claim from the date of the court hearing or (in the case of reclaiming admin charges on a secured loan) is it given from the date the charges were levied to the account? I know it's at the Court's discretion ... If it gets that far .... Eeekkk any clarification would be appreciated, many thanks.

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Hi Jake, , I'm probably only a few days behind you as I've submitted a claim to court too. I'm expecting all the usual spiel about POC not being correct and putting in defence etc, but I honestly do not think GE Money will want to go to court as they will then have to prove the value of the £40 charges. There is only one signature on my claim form too .... So they'll pick that too no doubt. Someone, will be along to advise you further soon I'm sure. Keep going, don't give up!!

After 28 days, GE Money start to add interest to the charges at the same rate as the loan. That interest should be reclaimed. Are you any further forward with your claim?

Yes, keep your fingers, toes, eyes and everything else crossed for me - eeek!!!!

Hi - I've just filed papers at court for the very same thing --- let the fireworks begin!!!

Hi -- how are you getting on.

Will do Andy - the optimism I have and that is keeping me positive is the fact that they will NOT want to provide a breakdown of the charges!!

N1 submitted today --- let the games begiin!!!!!

Hi Walmsley ...... did you accept their offer??

Hi - is there anyone out there that could give their opinion on the Particulars of Claim in post 60 ----- Any thoughts/comments would be greatly appreciated. Thank you very much.To all those affected by the flooding --- thoughts are witih you, stay strong xxxx

Hi --- can anyone please have a look over the POC in post 60 - and give comments/amendments. Thank you xx

Many thanks Andy.