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    • Thank you!    It was bought on my debit card    
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    • Absolutely for the agreement they are referring to.... puts them on notice that this is going to be a uphill fight.   Andy 
    • Particular's of claim for reference only 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Suggested defence 1. The Defendant contends the particulars of the claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.3 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claimant has not complied with paragraph 3 of the PAPDC (Pre action protocol) failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st of October 2017. It is respectfully requested that the court take this into consideration pursuant 7.1 PAPDC. 3. Paragraph 1 is noted. I have in the past had financial dealings but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification. 4. Paragraph 2 is denied. I have not been served with a default notice pursuant to the consumer credit act 1974. 5. Paragraph 3 is denied. i am unaware of any legal assignment or notice of assignment. A copy of assignment was sent by Overdales solicitors when acknowledgement of receipt of CPR request was received, but this was not the original.   6. Paragraph 4 is denied. Neither the original creditor or the assignee have served notice pursuant to sec86c of the Credit Consumer Act 1974 Notice of Sums in Arrears and therefore prevented from charging interest on debt regulated by the CCA1974. 7. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974. The claimant has acknowledged receipt of request but has failed to comply. The claimant has failed to provide any evidence of balance or Default Notice requested by CPR 31.14 8. It is therefore denied with regards to defendant owing any monies to the claimant. therefore the claimant is put to strict proof to:  a.  Show how the defendant has entered into an agreement with HSBC. b.  Show and evidence the nature of breach and service of a Default notice pursuant to section 87 (1) CCA 1974. c.  Show and quantify how the defendant has reached the amount claimed for. d.  Show how the claimant has the legal right, either under statute or equity  to issue a claim. 8.  As per civil procedure rule 16.5 (4) it is expected claimant prove the allegation that the money is owed. 9.  Until such time the claimant can comply to a section 78 request he is not entitled, while the default continues, to enforce the agreement 10. By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed or any relief.     .
    • OK, well rereading the court orders from March, in the cold light of day rather than when knackered late at night, it is quite clear that on 25 June there will only be a preliminary hearing about Laura representing her son.  Nothing more. It's lazy DCBL who haven't read things properly and have stupidly sent their Witness Statement early. Laura & I had already been working on a WS, and here it is.  It needs tweaking now after reading the rubbish that DCBL sent and after all of LFI's comments.  But the "meat" is there. Defendant's WS - version 1.pdf
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GE MONEY Interest Rate - Warning!


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About 18 months ago we took out a secured loan with GE Money. Last week we received both a pleasant and an unpleasant surprise - in the same postal delivery we were told that our C&G mortgage repayment was reducing to the lowest ever, but that our GE Money loan was rising to the highest ever!

 

Perhaps I should have known that GE Money's rate is NOT linked to the Bank of England Base Rate, nor to any Base Rate. It is linked, apparently, to

 

"how much it costs us to borrow money, which we then lend to our customers..... We have seen significant instability in the financial markets, which has resulted in a considerable increase in the rates we are charged when raising money to lend to our customers. In addition our funding is raised via the wholsesale markets, which means that the recent BoE base rate cuts and LIBOR moves have no direct link to our cost of funds"

 

The interest rate that I am currently paying is 13.15%, an increase of 1.95% (there was also an earlier increase from the original rate when the loan was established). I cannot of course, validate GE Money's statement because there is nothing for me to check against!

 

There is nothing in the letter to indicate that I can close the loan without incurring early repayment charges as you can, I believe, with credit cards when the terms change, therefore unless I want to pay a hefty charge I assume that I am stuck with this for a while longer.

 

SO.... if you are considering GE Money I would seriously advise you to look elsewhere.... unless you are happy to give your business to a company that appear to be able to raise their rates unconditionally and without needing to justify or prove the increases to their customers.

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Hello, I am in the same disgusting situation with GE Money on a £45000 loan taken out last year in Feb. i pay £425, now gone up an extra £97 which i just cant afford at all now in this climate.

any advice on how to approach them to rearrange payments will be og great help if that is at all possible,

urgent help needed pleaseeeeeee.

JL

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Paragraph 1(l) of Schedule 2 to UTCCR would appear to apply:

 

(l) providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded;

 

There are two exceptions to that provision which are contained in paragraphs 2© and 2(d):

 

© Paragraphs 1(g), (j) and (l) do not apply to:

 

- transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the seller or supplier does not control; - contracts for the purchase or sale of foreign currency, traveller's cheques or international money orders denominated in foreign currency;

 

(d) Paragraph 1(l) is without hindrance to price indexation clauses, where lawful, provided that the method by which prices vary is explicitly described.

Sub-para (d) definitely does not apply and sub-para © probably does not apply unless an express link was made in the contract to a specific index (eg base rate or LIBOR).

 

I think that would be a basis for redeeming early without charge or penalty, for those able to do so.

 

For those not able to do so, then there are separate arguments that could be made.

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  • 1 year later...

first of all, i am NOT a GE money employee.

;)

 

at the moment, me and my girlfriend are paying 7.69% interest on a mortgage and the fixed rate is due to finish in july. after reading a lot of posts online about how they charge mad interest rates to people i decided to ring them and have just this minute got off the phone... our new rates will be around 4% after our fixed period expires.

 

i am very happy with this as i thought we would end up paying 12% or something like that. is there something i should be aware of about this? should i expect them to dramatically raise the rates after a few months on the new rates?

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  • 2 years later...

Hi, first of all apologies as I am new to all this forum stuff but after reading endless complaints about GE Money I just felt I had to register and add to it. Mine is a long story but the short version is that My ex husband and I took out a loan of 9k 10 yrs ago. We split 1 yr later and I have continued to pay this on my own. When we split I had 3 yr old twins and a 6 month old baby I also worked but now and again yes i did get behind but i always phoned them and explained the situation .I made a payment arrangement to make sure the arrears were paid off in the next consecutive months I have not been in arrears for ages and refused to pay or anything remotely like that. My loan expired last month and I have paid them nearly 23k. They wrote to me several times saying that I owe 12k in interest and charges!!! I am now going down the legal route as they have admitted to charging me 36 lots of £40 that they shouldnt and will refund it back and tried to pass it off as a good will gesture!! A stark warning to everyone please dont put yrself through this I am losing sleep and am paying a solicitor as the complaints procedure is internal and I wont get anywhere there. The financial ombudsman is now involved as well as a solicitor that I will have to pay for. Even the GEmoney emplyees that I speak to weekly to try and sort it out say that somethings not right and it seems excessivly high.They should not be adding interest when a payment arrangement has been put in place surely. I now owe them more than we borrowed in the first place. The left hand doesnt actually know what the right hand is doing as everytime contact is made I owe a totaly different amount. I have even had a phone call to say the loan has expired and then they charged me for an unpaid direct debit errr hello you called me to tell me the loan has ended!

Now Ive let off steam thank you x

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  • 4 weeks later...

Hey Poppy!

 

I have been dealing with GE for 5 years now. 170+ phone calls, and I've sent 30+ letters.

They lie, and you are quite right have no idea what anyone else is doing in the company.

Today I received a phone calls stating I owed 4k in FEE'S! from 2006!!!!!!

Even though I have a letter dated from them 18 months ago saying they would reverse these so called fee's (admin charges whatever).

They are grossly incompetent and breach their own code of practise.

GE are doing the same too me in that they will offer a 'good will gesture'(sic) and waive the 4k if I agree to their other terms.

Erm, no. I can't go to the Ombudman as it's outside their jurisdiction - hang in there!

 

Keep kicking them like I do!

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