Penny v G.E. Money ***WON***

[steven4064]

... or is it a case of waiting around for a court date??

'fraid so

[pennypenny]

I finally got a letter fro the court which was not good news. It says:

 

IT IS ORDERED THAT

Upon it appearing that the issues in this claim are identical to those likely to be the subject of proceeding in the Commercial Court between The Office of Fair Trading and certain financial institutions ("the Test Cases") pursuant to an Agreement made on 25 July 2007.

 

So whats that all about. I thought store cards weren't included in the test case?

[pennypenny]

So, my case has been put on hold pending the result of the test case. Am I right in thinking that store cards are not included in the test case??

It is quite annoying cos they clearly havent looked at it properly and just put it on hold

[steven4064]

Another ignorant DJ, I'm afraid. Of course they aree not included - the test case specifiaclly says 'overdraft charges' - you don't get an overdraft on a store card.

 

When you got the order, it should have given you the opportunity to object - you need to do so

[pennypenny]

I am still waiting for a court date. It was put on hold pending the result of the test case but that was last september and it was for a store card not a bank account .

I thought once the test case was over the court would get back to me but.. nothing..

Should I write to the court or GE/Santander to get the ball rolling again?

I am not going to let them get away with this...

[papadak]

I am still waiting for a court date. It was put on hold pending the result of the test case but that was last september and it was for a store card not a bank account .

I thought once the test case was over the court would get back to me but.. nothing..

Should I write to the court or GE/Santander to get the ball rolling again?

I am not going to let them get away with this...

 

Hi Penny,

 

This was your outfit card right? I remember. Do not let them get away with this. Write & make it clear this is nothing to do with the test case/supreme court ruling. Stand firm, you'll get there.

[beachcomber60]

Wish you luck Penny, Santander pulled a similier stunt with me, stuck a claim in & after the second letter agreed to pay the difference between the £12 and actual charge, I objected but they just went ahead anyway BUT refunded the amount to CL Finance (not sure they're allowed to do that).

 

Beachy

[pennypenny]

Hi Penny,

 

This was your outfit card right? I remember. Do not let them get away with this. Write & make it clear this is nothing to do with the test case/supreme court ruling. Stand firm, you'll get there.

 

Hi papadak,

This was a burtons card, and I'm not sure whether to contact the courts because it was them who put the case on hold because of the test case. Will the stay have to be lifted because the test case is over and should I have heard something from G.E. Money or Santander as they are calling themselves now?

 

Thanks Beachy,

They reckon they actually did credit the difference between the £12 and actual charge onto the Burtons account but I can't remember them doing that, I will have to go through all the statements again and check.

[pennypenny]

I still haven't heard anything from the court nor santander, and I really want to go after them again but I am not sure what to do:???:, its been six months now since the courts put this on hold and santander have not written to me since the test case because they know that had nothing to do with store cards and it should not have been on hold in the first place:mad:.

 

Has anyone got any advice on what I should do next, do I contact the court or write to santander telling them I want my money:-?

 

Thanks

 

penny:)

[papadak]

I still haven't heard anything from the court nor santander, and I really want to go after them again but I am not sure what to do:???:, its been six months now since the courts put this on hold and santander have not written to me since the test case because they know that had nothing to do with store cards and it should not have been on hold in the first place:mad:.

 

Has anyone got any advice on what I should do next, do I contact the court or write to santander telling them I want my money:-?

 

Thanks

 

penny:)

 

Hi there,

 

100% write to the court stating your claim is not to do with bank charges or the test case. Otherwise Santander will play around with you. Let the instruction to them come from the court.

[pennypenny]

I have still not done anything about this claim, i've been a bit busy with other things and I dont think I am ever going to hear from santander about this so I am thinking about sending them a letter to remind them I want my money!!!

 

I have two options, I can either contact the courts and ask them what has happened with my court case but to be honest I dont really fancy going to court, or I could write a letter to santander, I just dont know what to do for the best.

 

Has anyone please got any advice on what I could put in a letter to either the court or santander cos I really need to get the ball rolling on this one again.

 

Penny:)

[papadak]

I have still not done anything about this claim, i've been a bit busy with other things and I dont think I am ever going to hear from santander about this so I am thinking about sending them a letter to remind them I want my money!!!

 

I have two options, I can either contact the courts and ask them what has happened with my court case but to be honest I dont really fancy going to court, or I could write a letter to santander, I just dont know what to do for the best.

 

Has anyone please got any advice on what I could put in a letter to either the court or santander cos I really need to get the ball rolling on this one again.

 

Penny:)

 

Hi, def 100% write to them stating you'll issue a court claim if they don't refund & return your money/charges. You don't have to go near a court but issue a money claim online in minutes. You say you're busy but a letter & potential court claim takes minutes. Good luck - go get em!

[pennypenny]

Hi, def 100% write to them stating you'll issue a court claim if they don't refund & return your money/charges. You don't have to go near a court but issue a money claim online in minutes. You say you're busy but a letter & potential court claim takes minutes. Good luck - go get em!

 

I already issued a claim online last year but it got moved over to my local court and put on hold pending the test case and thats the last I heard about it. Nothing from the court or santander, they are proberbly thinking I will just go away. I dont want to start the whole process again though, I just need some help with what to say to them.

[papadak]

I already issued a claim online last year but it got moved over to my local court and put on hold pending the test case and thats the last I heard about it. Nothing from the court or santander, they are proberbly thinking I will just go away. I dont want to start the whole process again though, I just need some help with what to say to them.

 

Got it! So what you must do without delay is write to the court stating these are NOT bank charges and ask them to issue the claim per your original charges.

[Zaraphin]

Hi

 

Sorry for butting in....but thought I would let you know my Daughter claimed Santander for her partners Burton account they claimed £635.00 including Interest from Santander, Santander offered £48.00 so they went to FOS and got back £658.00 abit more than they first requested. However they paid most of back into his card and they now have problems using the card (which they will do more carefully) when they go to spend in shop the shop nees to phone for a authorisation code, I suppose this them trying to make life difficult (how petty).

Anyway what I am trying to say is Have you Claimed through FOS.

[papadak]

Hi

 

Sorry for butting in....but thought I would let you know my Daughter claimed Santander for her partners Burton account they claimed £635.00 including Interest from Santander, Santander offered £48.00 so they went to FOS and got back £658.00 abit more than they first requested. However they paid most of back into his card and they now have problems using the card (which they will do more carefully) when they go to spend in shop the shop nees to phone for a authorisation code, I suppose this them trying to make life difficult (how petty).

Anyway what I am trying to say is Have you Claimed through FOS.

 

agreed FOS is an option but I never used it ... court claim worked for me.

[pennypenny]

Hi Scotswalker,

I'm not sure if I can claim through the FOS once a court claim has been issued. I wish I had done that first now cos my local court clearly doesnt know the difference between a store card and a bank account:roll:

[papadak]

Hi Scotswalker,

I'm not sure if I can claim through the FOS once a court claim has been issued. I wish I had done that first now cos my local court clearly doesnt know the difference between a store card and a bank account:roll:

 

I wasn't aware that if you go to the court you then cannot go to the fos. Can someone clarify this??

[Zaraphin]

Hi pennypenny

 

Its maybe worth a try to claim through FOS as there is a yes/no tick box on FOS form asking if you have taken court action.

Also we found them extremely helpful over the phone, maybe an idea to ring them ask them.

Also if they do say it is okay to go through FOS remeber to re-calculate interest charges as it seems sometime since you claimed this through the courts therefore more interest shall be due...don't let them away with one penny they have stole millions from people like you and me.

[pennypenny]

Hi Scotswalker,

 

Thanks for the advice, I am going to give the FOS a try. I have filled the form in on the FOS site and explained to them about the court claim and it being put on hold. I also updated the interest and that has bumped it up another couple of hundred pounds, they are so going to regret not paying up sooner.

[pennypenny]

Well, I have sent off the complaint form to the FOS today, so I shall wait and see what they say:)

[Zaraphin]

Hi pennypenny

 

Hopefu;lly you wont wait too long....my Daughter sent in another claim for one of her cards but they couldn't help as GE/Santander were not under FOS jurisdiction (they gort off lightly there as there was mega charges nearly £800) when charges were applied and we only waited 10 days for a reply.

 

Hopefully you will get a more successful reply to your claim, as I would think if courts not dealing with it now then FOS should step in.

 

Fingers. Toes and everything else crossed for you.

 

Keep us posted

Cheers

Scott

[pennypenny]

Thanks Scott,

 

I have never complained to the FOS before cos the court route always worked for me. Lets hope this shifts them into paying up.

 

I'll update as soon as there is any news.

 

Penny:)

[pennypenny]

Quick update!!!

 

I've had a letter today from the FOS saying they have received my correspondence. They also say they are receiving very high volumes of enquiries and they will provide me with a full response as soon as they can.

 

So I shall have to be patient and wait for more news.

 

Penny:)

[pennypenny]

Well, I have had a reply from the FOS and it is not good.

 

They have said they cannot deal with my complaint because they do not normally deal with complaints that are the subject of "ongoing" court proceedings. I don't know if they are ongoing or not cos I have not heard from the court in about a year. They also said they can only consider charges relating to store cards from 06/04/07.

 

I have dug out the letter I got from my local court last year and it says:

 

IT IS ORDERED THAT

 

Upon it appearing that the issues in this claim are identical to those likely to be the subject of proceeding in the Commercial Court between the Office of Fair Trading and certain financial institutions ("the Test Cases") pursuant to an Agreement made on 25th July 2007.

 

IT IS ORDERED THAT

 

1 This claim is stayed until 2 calender months after final determination

in the Test Cases by the House of Lords.

 

2 Either party may, upon notice to the other party, apply to lift the

stay at any stage.

 

3 If no application is made to lift the stay or seek further directions

by 3 months after the decision of the House of Lords, the claim shall

stand dismissed without further order.

 

4 Because this order has been made on the Courts own initiative

without considering representations from the parties, the parties

have the right to apply to have the order set aside, varied or stayed.

A party wishing to make an application must send or deliver the

application to the court (together with any appropriate fee) to

arrive within 14 days of service of this Order.

 

Dated 03 August 2009.

 

So now I am totally confused and don't know what to do???

 

I think I may have left it to late to do anything as it says in point 3 something needs to be done by 3 months after the decision of the House of Lords.

 

Any advice anyone???