GE Money PPI on Mortgage & a Secured Loan

[delicarik123]

Thanks for the reply. Yes I would like some help with the POC please as I have not done this before, and I am looking to do with with cap one also

 

Your help is very much appreciated

[Blossomandebony]

Thanks for the reply. Yes I would like some help with the POC please as I have not done this before, and I am looking to do with with cap one also

 

Your help is very much appreciated

 

Hi, Delcarik,

 

I think you'll enjoy the process, and the result even more!

 

Is your claim against Cap One a credit card charges claim? If so, have you got the statements for the last 6 years?

 

BAE

[delicarik123]

Yes the claim is for credit card charges and we have hubby's SAR - it is an "old" account that we settled a couple of years ago but we have everything from them.

[delicarik123]

Ok, have the N1 form now and wanted to know what I put in the brief details of claim. Am I just putting there that I am claiming back charges relating to my account being in arrears ? Do I need to word it in a certain way?

 

Thanks for any help. Also, BAE are you able to help me with the POC? I don't know where to start with this

 

Thank you

[Blossomandebony]

Hi, Deli,

 

The brief details of claim section should specify the amounts you're claiming - so you need to do an estimate of the interest they've charged, (on their charges!) too. Don't get too wrapped up in getting a precise figure; if they complain about it being too much, they will have to provide a figure themselves.

 

Because it's at the court claim stage, you're also allowed to charge them 8% interest on the charges. Again, don't worry about getting an exact figure, just work it out as best you can.

 

* you can get rid of this part if you like - it's simply saying that you want to also claim from now until the day of judgment any further interest that is accrued. You work this out by doing the calculation below:

 

Amount of Claim x 0.00022

 

(so if amount of claim is £1200, you do £1200 x 0.00022 = £0.26 per day

 

So, something like this will suffice:

 

This is a money claim for the return of charges and associated interest applied to the Claimant's mortgage account, number XXXXXXXXXXXX by the Defendant.

 

Charges £xxx.xx

Interest on charges £xxx.xx

 

Interest at 8%, under s.69 County Courts Act 1984 £xxx.xx

*(and at a daily rate of £x.x until date of judgment)

 

TOTAL £ xxx.xx

BAE

[Blossomandebony]

. . . Just thought, the asterisk*** part of the previous post should be at the bottom!

 

Another thought - you can claim charges on your secured loan and mortgage on the same form, in case you weren't sure.

 

Now for the Particulars of Claim:

 

Below is a template which you can adapt to your circumstances - copy, paste, edit!

 

I would suggest you should also add a whole new paragraph to the PoC regarding the recent FSA fines etc, of which you will know more than me!

 

 

 

IN THE XXXXXX COUNTY COURT

 

 

BETWEEN

 

 

 

XXXXXXXX

 

 

Claimant

 

 

 

 

 

and

 

 

 

 

 

GE Money

 

Defendant

 

 

 

 

PARTICULARS OF CLAIM

 

 

 

 

 

The Agreement

 

 

1. The Claimant entered into an agreement with the Defendant on X/XX/XX, whereby the Defendant advanced a sum to the Claimant under a mortgage account, Account no XXXXXXXX

 

Summary

 

2. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and / or if a payment is returned. (Full particulars are set out in the attached schedule of charges sent to the defendant on XX/X/XX ).

 

3. The default charges were applied in accordance with the standard terms of The Agreement, which were:

 

a). A penalty payable on breach of contract and thus unenforceable: and or

 

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

 

4. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

 

The Charges

 

5. The Charges consisted of various amounts of £XX, £XX and £XXX. For each of these charges, the defendant merely sent out one electronic letter to inform the claimant of the charge, which I estimate at costing approximately £1.00.

 

(Add any further details here on what GE money actually ‘do’ when you’re in arrears, eg phone call, letters. You are basically attempting to prove that their costs are much lower than the charges!!!)

 

6. The amount of the Charges exceeded any genuine pre-estimate of the damage that would have been suffered by the defendant in relation to the Claimant’s transgressions. This is confirmed in law in the case of Castaneda and others vs Clydebank Engineering and Shipbuilding Company. Ltd. (1904) when the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This was confirmed in Dunlop Pneumatic Co vs New Garage and Motor Co. Ltd. (1915), which held that a penalty clause is void in its entirety and therefore unenforceable.

 

7. Therefore the Charges were punitive and a penalty and thus unenforceable at common law.

 

 

 

 

 

The Unfair Terms in Consumer Contract Regulations 1999,

 

8. At all material times the Claimant was a consumer within the Regulations.

 

9. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

 

10. Without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

 

(a)The terms relating to Charges were standard terms; they would not be individually negotiated.

 

(b)The Charges were a penalty for breach of contract.

 

©The Charges exceeded the costs which the defendant could have expected to incur in dealing with late payment or returned payment.

 

(d) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

 

(e) As the Defendant knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

 

(f) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

 

(g) Hence, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

 

11. Without prejudice to the burden of proof, the Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations, and will rely on the following matters:

 

(a) The assessment of fairness does not relate to terms that define the main or core subject matter of the Agreement.

 

(b) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

 

12. By reason of the said matters the terms were not binding under regulation 8 of the UTCCR 1999 Regulations.

 

13. The Defendant wrongly applied Charges and Interest to the Account, estimated at totalling some £ XX.XX between X/X/X and X/X/X. The defendant attaches a copy of the schedule of charges sent to the defendant on X/XX/XX.

 

 

 

The claimant’s attempts to settle the dispute:

 

 

14. On, XX/X/X, XX/X/XX and X/XX/XX, the Claimant requested repayment of the sums wrongly applied. (put details of GE’s response here)

 

 

In Conclusion:

 

15. Therefore the Claimant claims:

 

(a) Payment of the said sum of £XXX.XX plus the amount of interest accrued between XX/XX/XX(date of first ever charge) and X/XX/XX,(date of last charge), which the claimant estimates at £XX.XX. Total £XX.XX

 

(b) Interest of £XX.XX, pursuant to the County Courts Act 1984 (s69) at the rate of 8%, and claimed up to X/X/XX, and thereafter at the daily rate of £X.XX to the date of judgement or sooner payment.

 

© Court costs.

 

 

 

 

I believe that the facts stated in these particulars are true.

 

 

 

 

Dated

 

 

 

 

 

Signed

 

BAE

Edited August 2, 2010 by Blossomandebony

[delicarik123]

Thank you so much, you are a star. Will get this done tonight hopefully ready to get into action!!!

[Camaro3]

Any updates yet? i am in the same boat with GE Money and would like to know if anyone has had any success claiming back charges.

[delicarik123]

Well, I am back, I have been poorly for some time now, had a really bad few months, and as a result have not been able to do this. Can I still proceed or will I need to go back to them and tell them my intentions again? Thing is, I have just had to put another complaint into them for their shoddy work, I have just cleared my arrears, had a letter stating that I only owed them £35 yet they took almost £90 extra which is what we had been paying, so of course I queried this only to be told we still owed another £155! I was mortified, apparently its arrears on PPI??? first I have heard!

[delicarik123]

Hi all,

 

Can I just check whether there are certain things to "look" for when trying to claim back mis-sold PPI?

 

I have a secured loan and a mortgage with the same company and both have PPI on them, I remember being told in both cases that we would not be considered for either the loan or the mortgage if we did not take it.

 

I have recently written to the mortgage department with regard to PPI as I want to cancel this, it is more than double I would pay if I took it elsewhere, am i able to just claim back what I have paid or is there more to it than this?

 

I haven't been on the forum for a while and it has all changed and I am still trying to navigate round it, any help pointing me in the right direction would be great.

 

Regards

Deli

[dx100uk]

with regard to PPI

 

i would certain use the PPI complain form on the FOS website

 

and have a read of the various 'example' case loads there too

which will outline the correct route/calc to do.

 

i pers, would do the complaint form and anSOC for each one

and fire it off to whomever you paid your premuims to

 

dx

[delicarik123]

Thanks dx will have a look, i pay the premiums alongside my mortgage and loan