GE Money Arrears Charges - Payback Time

[wishboneash]

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 GMAC have applied to my account are wholly disproportionate to their actual costs and are therefore unfair under Reg 6 of UTCCR. I believe that GMAC 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 GMAC have made a contractual misrepresentation that these charges relate to the actual costs incurred by GMAC thermore, 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 £15 DD AND 50 POUNDS AND ADDED TO LOAN EXTRA per month for dealing with an account whilst in arrears. GMAC have failed to provide me with such a breakdown, or indeed any audited accounts proving that GMAC actually incur provable losses or actual costs of £65 per month, for dealing with my breaches of contract by my late payment of my secured loan. GMAC have also failed to provide proof of their charges for Default Notices and failed direct debiticon charges.

This letter before action regards only the monthly arrears fees and default notice fees elements of my claim against GMAC As GMAC 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 GMAC . 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 GMAC have charged me £3500 plus interest at their scandalous rates, for my failure to pay my direct debit payments at the agreed time, NO BANK ACCOUNT TO PAY DD 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 GMAC charged me. I contend that GMAC 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 GMAC 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 GMAC .

GMAC 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, GMAC charged 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 . Obviously you will be able to demonstrate the increase in your actual costs that necessitated this increase.

I believe that I have already given GMAC 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.

 

 

THEY HAVE called me up

[Ell-enn]

and what did they say?

[Anna67]

Hi , wishboneash ( i love wishboneash the group by the way iv got Argus and wheres the rub lol ) but anyway how did you get on with them i had usual letter we are investigating your complaint (same with my old mortgage company The Chelsea same letter) im sure itl be same as usual we are not paying please let me kniow what they said when they rang you up xx