Jump to content


  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

ge money store card


mattie10
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5478 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

i had a store card, one of three with ge money. only one i owed a balance on the others were paid up a while ago (less than 6 years). ge money came after me for the money but i paid a lot of charges including ppi over 6 years and gave the matter to a company collecting ppi and excessive charges. now the one i owe money on produced the cca back to 2003, but the account lapsed in 2006 but they restarted it again same account number. once i started complaining about the charges the debt was so i understand sold to link, i corresponded with link but eventually my defence was struck out even though i am dealing with the financial leasing assoc,(or the charges company is no my behalf). i now have a judgement and have up to end of month to counter it.

 

i need to instigate an application for the judgement to be set aside and a counter claim to be issued. i am roughly sure of the amount as it was given to me over the phone today, but the charges company are being a bit cagey and wont give me too much info. the other 2 cards i had i have no information on as ge have not responded to me or to the charges company. can anybody give me info what application i need plus what to put on a claim.

Link to post
Share on other sites

i had a store card, one of three with ge money. only one i owed a balance on the others were paid up a while ago (less than 6 years). ge money came after me for the money but i paid a lot of charges including ppi over 6 years and gave the matter to a company collecting ppi and excessive charges. now the one i owe money on produced the cca back to 2003, but the account lapsed in 2006 but they restarted it again same account number. once i started complaining about the charges the debt was so i understand sold to link, i corresponded with link but eventually my defence was struck out even though i am dealing with the financial leasing assoc,(or the charges company is no my behalf). i now have a judgement and have up to end of month to counter it.

 

i need to instigate an application for the judgement to be set aside and a counter claim to be issued. i am roughly sure of the amount as it was given to me over the phone today, but the charges company are being a bit cagey and wont give me too much info. the other 2 cards i had i have no information on as ge have not responded to me or to the charges company. can anybody give me info what application i need plus what to put on a claim.

 

 

Hi there, you need an N244 to apply. I would send a SAR to GE Money/Link if I were you and ask for a full set of statements relating to the accounts and any other information they hold. That way, you can calculate the charges yourself. I really wouldn't take their word for it over the phone, and then there is interest to be added on top of that as well. I know you are very limited for time though, so might be possible to get some kind of extension pending the information from GE. The company acting on your behalf, I have to say, don't seem to be doing a very good job, and it may be you would be better acting on your own behalf, as you can get a lot of help on this forum from some of the experts here. In the meantime, this might be of help: http://www.bdl.org.uk/images/12_how_to_set_aside_a_judgment_in_the_county_court.pdf

Magda

Link to post
Share on other sites

GE Money are very slow in sending anything I'm up to 29 days of the 40 and not heard a peep. DG

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

Link to post
Share on other sites

Just to add, if you do ask for an extension of time, I think you can also use the N244 form for that also. Might be a good idea to get a bit more breathing space until you have all of the information you will need. Did you ever receive a Default Notice from GE Money and has the debt actually been sold (assigned) to Link. If so, a Notice of Assignment should have been received also. These are just some points in addition to the charges that you may be able to focus on, as well as the PPI of course. The following Link might be useful:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf Unfortunately there is a fee for the application for an extension/set aside, but if you meet the criteria, you may not have to pay?

 

Magda

Edited by MAGDA
  • Haha 1
Link to post
Share on other sites

i will let you know how i get on with this. i have only got some statements but they were sent to me by link and not ge money. link say they have nothing to do with the charges applied to my account only getting the debt back. yes i have got a default notice and notice of assignment stating that they have bought the debt. i was told when i phone the FOS that they cannot take the benefit of the debt and forget about the charges in other words cannot take the good without the bad is that right?

i will have to look up the subject access request what powers does this have if they do not comply? i did ask for the statements last year and got nowhere i paid the ten pounds and it was credited to my account and no statements sent. as soon as ge money got wind of me complaining about charges the debt was then sold to link - funny that.

Link to post
Share on other sites

i will let you know how i get on with this. i have only got some statements but they were sent to me by link and not ge money. link say they have nothing to do with the charges applied to my account only getting the debt back. yes i have got a default notice and notice of assignment stating that they have bought the debt. i was told when i phone the FOS that they cannot take the benefit of the debt and forget about the charges in other words cannot take the good without the bad is that right?

i will have to look up the subject access request what powers does this have if they do not comply? i did ask for the statements last year and got nowhere i paid the ten pounds and it was credited to my account and no statements sent. as soon as ge money got wind of me complaining about charges the debt was then sold to link - funny that.

 

Hi, as far as the charges go, they will need to be claimed back from GE Money, but the SAR can be sent to either. If you have already sent a SAR previously and paid the £10, you certainly should not have to pay again. I would write to GE Money stating that they have not complied with your SAR and that you still await the information requested. I was taken to court by Link for four separate claims last year (all ex GE Money) and GE Money do not appear to have the statements in my case to prove the debt or otherwise. They are required to retain statements for a minimum of six years after the account is closed. If they do not respond to your letter I would make an official complaint to the FOS again. You say that you had a DN and NOA, but are these compliant and also what about the agreement? is there anything there that might make it unenforceable? Magda

Link to post
Share on other sites

hi thanks magda, the only reason this is going on is the copy of the original agreement was enclosed with the court claim. the agreement whcih dates back to may 2003 is an original but, i did pay the card up twice and had a break without any statements because basically i paid it up and didnt use it for 6 months and when i tried to use it in the house of fraser it as a fraser card, they asked me to sign a new agreement, but somehow they got round that and i was able to use it. just spoke to the information commission office ico, they state that because i asked back in june last year for the statements and i paid the 10 pounds which they added to my account which i have proof as i have the postal order sub same date as the letter. GE money are breaking the law and are liable for damages. i might have to use this in my claim as the FOS really are only dealing with it through the charges company. according to the ICO these companies have to keep the information in one form or another, if they do not keep the statements then i was told there are other ways of obtaining the information. so there is no escape for these companies when they say it is lost????? really its just an excuse.

Link to post
Share on other sites

Yes, they should keep all information relating to the account such as statements for the period specified, so keep pushing them, especially as they have cashed your cheque anyway. Good luck with this and keep us posted of any updates, Magda

Link to post
Share on other sites

hi magna just a quickie dont go.....

just been on a link through google.

re this notice of assignment ... i have an exact copy of one that is printed under thread GE, Money, Link Financial and court cas by I've got no money on 12th june 2008 stating that basically the person who is selling has to tell you their debt is going to be sold to. ie the asignee .. I've got no money states this doc is illegal is this true do you know anything..

Link to post
Share on other sites

Hi Mattie, sorry had already gone. In theory the assignor (person selling the debt) should notify you that the debt has been sold, but as far as I am aware, it can come from the assignee (Link). It would make more sense the otherway around, as how do you know the 'new' company, i.e., Link actually has a legal right to collect otherwise? But from a legal point of view, I think as long as a NOA in the prescribed form has been sent by either party, it will stand up in court. Magda

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...