GE Money Arrears Charges - Payback Time

[HomerJSimpson]

It's time to go after GE Money Home Lending.

 

I've paid them off, got them off my back (thank God) and it's time for some payback for the charges they applied.

 

I believe in getting your facts before starting litigation, so I think I've got what I need against GE.;-)

 

They've charged a load in arrears fees, failed direct debit fees, failed litigation fees for repossession, interest on all of those, and I do have proof othe backhander they paid to Ocean Finance for the brokerage of my secured loan.

 

I'm pretty sure some of this will be straightforward, but anyone whp has had success against these

 

 

, I would love to hear from you. All advice appreciated.

 

Best regards,

 

HJS

[HomerJSimpson]

I've already asked for my money and GE said no. Actually they offered me £320 as a gesture of goodwill, but they can stick that where the sun doesn't shine. I'd like it all back, plus the extortionate interest they charged me.

 

I'm minded to bring three different claims initially. One for the failed direct debit charges, monthly arrears charges and default notice charges, a second for the administration charges to release their security charge from land registry and the non-visit from their debt counsellor, and a third for the Court fees for their failed posession claim against me.

 

I think the arrears charges and default notice charges are quite straightforward. They can't defend them as far as I can see.

 

The administration fees for the release of their security charge against my property was £200. I know and have proof that Land Registry charge no fee for this, so I don't think GE can justify this fee of £200.

 

The Court fee of £150 for their failed posession claim, I'm not entirely sure. I have their original claim asking the Court to order I give them posession of my home, and order that they can add their costs for the posession claim to my account. The Court ordered that the claim be adjourned generally, with no mention of costs being awarded against myself. I'm thinking they can pay their own costs for bringing a claim that stood no real prospect of success. And possibly the same logic applied to their legal costs/solicitors costs they charged me regarding their failed litigation.

 

I'm open to suggestions and feedback from others regarding this. I'm not very clever and would appreciate advice here.

 

I do have the Patricia Pearl book which mentions pre-action conduct and general practice direction being introduced in April 2009. This is news to me and so I believe it prudent to cover my @rse and send GE very comprehensive lba's outlining the basis of my litigation.

 

As I've found GE to be complete t0$s3rs so far, I believe that separate claims will avoid GE's attempts to have claims struck out, and may also cost them a few quid to deal with.

 

I despise GE and payback is long overdue.

 

HJS

[HomerJSimpson]

I'm thinking of sending something along these lines as a letter before action.

 

Dear Sir/Madam,

Despite the extensive previous correspondence I have sent you regarding this matter, that you have chosen not to resolve, despite being given ample opportunity to do so, I am complying with Civil Procedure Rules and Court Pre-action Protocol, by sending you this Letter Before Action.

I believe that the charges GE Money have applied to my account are wholly disproportionate to their actual costs and are therefore unfair under Reg 6 of UTCCR. I believe that GE Money occupy a dominant position in relation to myself in the contract, and have operated their dominant position contrary to the requirements of good faith by misrepresenting their administration fees and debt counsellor non-visit charges per Reg 5 UTCCR. I also believe that GE Money have made a contractual misrepresentation that these charges relate to the actual costs incurred by GE Money. Furthermore, I believe that GE Money have breached their statutory obligations, contrary to their regulation by the FSA, by failing to communicate with me in a way that is fair, clear and not misleading.

I have asked GE Money for a full and complete breakdown of how they arrive at a charge of £40 per month for dealing with an account whilst in arrears. GE Money have failed to provide me with such a breakdown, or indeed any audited accounts proving that GE Money actually incur provable losses or actual costs of £40 per month, for dealing with my breaches of contract by my late payment of my secured loan. GE Money have also failed to provide proof of their charges for Default Notices and failed direct debit charges.

This letter before action regards only the monthly arrears fees and default notice fees elements of my claim against GE Money. As GE Money are being particularly obstructive in my access to my legal right of information in this claim, I shall be forced to bring numerous separate claims against GE Money. I hereby respectfully apologise to the County Courts for this, but as GE Money have a specific department, known as The Contentious Litigation Department, whose sole aim appears to be to obstruct an aggrieved claimant, then I believe it is fair and reasonable for me to bring separate claims for each separate element of my claim.

I calculate that GE Money have charged me £810 plus interest at their scandalous rates, for my failure to pay my direct debit payments at the agreed time, and their alledged costs incurred in dealing with my account whilst in arrears. I enclose a schedule of these charges with this letter before action. This figue is calculated from the failed Direct debit charges and the monthly Arrears Fees that GE Money charged me. I contend that GE Money did not actually incur these costs, and they are actually a fanciful charge they have fabricated to unduly enrich their profits. I believe these charges in no way represent their actual costs. Therefore I believe GE Money should refund these charges, plus the interest they charged, plus the 8% statutory interest a court would award, for me being deprived of my money by GE Money.

GE Money will be well aware of the large fines handed to GMAC and Kensington by the FSA for their unfair and excessive charging regimes imposed on customers whilst in arrears. If GMAC and Kensingtons charges are deemed to be excessive and unfair, it is clear to me that GE Moneys charges are also.

I also note that on commencement of my loan, GE Money charged £2.00 for your administration charges when a direct debit was returned unpaid. Would you be so kind as to provide me with the detailed costings analysis you conducted when you felt it necessary to raise this charge to £20.00. Obviously you will be able to demonstrate the increase in your actual costs that necessitated this increase.

I believe that I have already given GE Money sufficient time to deal with my complaint. As a large organisation with access to the best legal advice that money can buy, I believe that fourteen days is sufficient for you to deal with this letter before action. If I do not receive a full and proper response and a full refund including interest within fourteen days, I shall be forced to bring this matter before the County Courts.

 

Yours Sincerely

 

HJS

 

 

Any comments welcome.

[Blossomandebony]

Hi, Homer,

 

I'm already at the court stage with a similar claim, (and similar company who I don't want to mention for now).

 

Like you I have gone down the route of request for refund, then the lba, but with no offfer from them I decided to try the court route.

 

In view of what's happened to Kensington, i.e. being ordered to pay back various charges that were 'excessive' and bore no relation to their actual administration costs, I think there's a good chance of success with both our claims.

 

The company I'm sueing have replied to my claim by stating they intend to defend. They've got another week to put their defence in. We'll see.

 

BAE

[HomerJSimpson]

Hi guys, long time no post, but had a wedding and honeymoon to organise.

 

Anyway the lba was ignored by GE Money, and the wife wouldn't let me spend any of the wedding budget on isuing a court claim. So I issued it on the 7th December, and Eversheds, acting on behalf of GE Money, are rather keen to pay me off.

 

I got an initial offer of 50% of my claim (which I politely refused), a subsequent offer of 75% of my claim (again politely refused), and now have an offer on the table for the full amount claimed £1,134.27. I'm wondering why they are so keen to pay up and avoid court?

 

They are trying the tactic that I'm claiming from the wrong GE, that old chestnut, but still offering the full amount claimed (as a gesture of goodwill etc....)

 

It certainly seems that these companies are more agreeable at court, then they are at the Financial Ombudsman Service.

 

HJS

[sillygirl1]

I think they are keen because they don't want to set a precedent for others to follow and quote your case as case law...

 

Well done for following the formulae and getting the desired result. It shows that 'solicitors for rent' firms such as Eversheds really don't like being challenged at any point and hope their so called 'defendants' don't defend..

[jacqui_o]

well done HJS..... that is a good news story. am aboutto embark on the same route. could I possibly use your letter?

 

the interest bearing charges are several thousand then the additional interest its about £3,000..... my thinking is submit a SAR first........... see what that throws up. I know the brooker is no longer about.......

[Dougal16T]

Evening all,

 

Jacqui was your broker APS Mortgages by any chance?

 

Best wishes to all

 

Dougal

[jacqui_o]

Yes Dougal it was, and for some reason can find no trace of them...

[Blossomandebony]

Hi Homer,

 

Nice to hear of your success. Well done!

 

BAE:-)

[HomerJSimpson]

Hi Homer,

 

Nice to hear of your success. Well done!

 

BAE:-)

 

Hi BAE,

 

I haven't had my success yet.

 

GE and Eversheds are now offering me all the money on the claim form and no confidentiality clause.

 

They are still being and refusing to clear up the mess they left on my credit file, so I still haven't accepted their offer.

 

They now want to give mediation a try. I want to see them attempt to reach some common ground in agreeing the unlawfulness of the charges. We'll see.

 

I think Eversheds are a little confused.......

 

HJS

[Anna67]

oh im so glad you have gave me hope iv wanted to get them to court but with so many refusals to pay me back all the samer fees you had (unpaid direct debits ect ) they owe me around 4,000, i gave up even when i got the court pack through as i was scared id lose ,i will start this claim now ,iv nothing to lose i dont own my own home anymore if i lose they only have my physical being and dont think they will want that thanks for giving me hope , so if i issue proceedings i may get paid out do you think ? xx

[wishboneash]

good luck going to th same with gmac rubbish ombudsman service was crap i was struggling to pay because i hand no current bank account at the time only a building society pass book good luck

[Ell-enn]

good luck going to th same with gmac rubbish ombudsman service was crap i was struggling to pay because i hand no current bank account at the time only a building society pass book good luck

 

GMAC who are now Paratus AMC apparently - be interested to hear how you get on with them.

[Anna67]

hi , can i ask you if i can also put my ppi on top of the arrears fee's GE charged plus solicitors fee's ???? i dont want to use a solicitor as they want 25% and they have had my claim for 2 year and 3 months and done nothing , any advice appreciated, just in middle of writing my court forms out, figured best way forward as you seem to have luck along this route , they disregarded all my letters i sent asking for my money back x

[wishboneash]

yes have logged a claim with a claims firm they only offered dd fees i was charged 10 and 50 pounds a month from 2002 to 2008 loaded on the mortgage

[Dougal16T]

Evening all,

In court versus GE in May 2011 for a refund of commission paid to broker. GE tried a strike out application on the Courts own motion, the DJ was not having that and has listed their application for a heraring - BUT this is going to be very interesting as there are SUBSTANTIAL inconsistencies in their letters relating to the amounts paid!

 

More to follow

 

As always

 

Dougal

ps: Claim for charges to follow in due course.

[Anna67]

how do you find what they paid the broker ?? iv got the agreement but not sure how to find out (they used click for freedom finance now defunct) i was told but there is a freeedom finance but they say they are different company ???? it GE i want my charges and ppi back .

 

and what does it mean when the case gets struck out ??? sorry im not up to speed on some of the terms

[Blossomandebony]

Basically, Anna, if a claim is struck out by the judge the claimant has lost. If a defence is struck out the defendant has lost.

 

Both the claimant and the defendant can apply to the court to have their opponent's defence / claim struck out for various reasons, such as obvious weaknesses in the other side's claim / defence or failure to obey court orders to supply info etc.

 

BAE

[Anna67]

Thank you, well from what iv read a lot of stuff has been struck out it does put me off claiming

[Anna67]

Well i want to take them to court afetr HJS had such a good result and yiourself good on you both xx

[Dougal16T]

Morning all,

 

Thanks BAE for putting that info in response to the question from Anna about a 'strike out'. As for the amount of commission, and how to discover it, I simply (?!) wrote to GE and asked, it took a few letters mind you - BUT they did respond finally ! However, they have never given me a figure that agrees with the one they said previously....!

 

Perhaps a session in front of the DJ will help their memory!

 

I also believe that if they instruct Counsel for such a small sum then this will be a breach of my rights in accordance with the European Convention, and will draw this fact t the attention of the DJ at the time....!

 

In the meantime I am preparing my claim for charges to be returned - my basis is simple : GE cannot claim the protection of the Supreme Court ruling because (a) they were not a party to the action, and (b) they are not a Bank as they do not operate current accounts for their'customers'. They are credit providers. I there is anyone out there who has any input on this I shall welcome it!

 

Best wishes to all as always

 

Dougal

[jacqui_o]

WEll done Dougal. great news, wonder what theya are goign to do...........lol..........keep up the good work...

[Anna67]

Hi everyone,i sent a letter well two one to the chelsea about arrears charges and one to GE about same, i formed my letter from the one HJS sent about arrears (letter before action) and i sent them both around 5 days ago, i recieved a letter from the chelsea this morning as follows,

Dear mrs Keygan,i am writing further to your letter from which im sorry to learn of your dissatisfaction with he service provided by the chelsea.

id be pleased to investigate the matter further for you, however we require further details as we are unable to establish the details based on the information held in yiour letter.

please provide additional information so we may locate you; the number you quoted is not a live chelsea account number so i have to conclude you are no longer a chelsea customer, please send us details such as correspondance postcode when the account was live,and your surname if it was different to what it is now, you also mentioned corespondence we have sent you ,if you could enclose a copy of these letters they should help with our investigation.

 

I must say iv put my name change in the letter concerned plus they have a copy of name change deed dear caggers, so do you think they may settle instead of face a court room, im hoping so was wondering if anyone else had dealings with the chelsea

[BankFodder]

Hi everyone,i sent a letter well two one to the chelsea about arrears charges and one to GE about same, i formed my letter from the one HJS sent about arrears (letter before action) and i sent them both around 5 days ago, i recieved a letter from the chelsea this morning as follows,

Dear mrs Keygan,i am writing further to your letter from which im sorry to learn of your dissatisfaction with he service provided by the chelsea.

id be pleased to investigate the matter further for you, however we require further details as we are unable to establish the details based on the information held in yiour letter.

please provide additional information so we may locate you; the number you quoted is not a live chelsea account number so i have to conclude you are no longer a chelsea customer, please send us details such as correspondance postcode when the account was live,and your surname if it was different to what it is now, you also mentioned corespondence we have sent you ,if you could enclose a copy of these letters they should help with our investigation.

 

I must say iv put my name change in the letter concerned plus they have a copy of name change deed dear caggers, so do you think they may settle instead of face a court room, im hoping so was wondering if anyone else had dealings with the chelsea

 

Please will you start your own thread about this and let us know what has happened.