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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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steved1968

GE Money Home Lending - Help & advice needed please

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[ATTACH]42796[/ATTACH]

 

[ATTACH]42796[/ATTACH]

 

Good evening,

 

I have been reading some of the forums recently with regards to GE Money and would like some of your expert advice please. Let me summarize...

 

 

 

  • Took out a loan for £26,000 ( Secured) in March 2005 over a 15 year period
  • Had difficulties early on in the loan and started to incur some charges and additional interest, this was then on/off like this for the next 7 years. With repayment plans put into place etc etc
  • Seperated from my Ex Wife in 2011 and ended up having to sell the house for a large loss due to pressure from GE Money & Halifax
  • Paid off the GE Money loan in January 2012

Now....I am ready to take these guys on :mad2::mad2:,

 

I requested a SAR which came within 2 weeks (yesterday),

 

I have been through this document today and the anger grew as I listed all the charges that had been applied to the account over the 7 year period!!!

 

It seems to be over £7,000 pounds in admin fee's, additional interest, solicitors fees, lunch for GE directors ( made that one up :wink:)

and I am very very confused how they distributed the final payment which I will summarize later.

 

I am going to attached a full excel spreadsheet showing my findings but below is a brief summary which may give you some idea of what I want to claim and if I can??

 

Charges I think I can claim

 

NARRATIVEFEEADDITIONAL INTEREST£3,387.61

ADMINISTRATION FEE£2,000.00

SOLICITOR INTERIM LEGAL FEES£1,089.86

INCOME ON EARLY SETTLEMENT£353.92

REFUND OVERPAYMENT 999999 CHAP£204.16

INTEREST DUE DATE CHANGE£130.01

REPAYMENT OF ADMIN CHARGE£84.00

DD RECALL CHARGE£65.00

DEFAULT NOTICE CHARGE£65.00

INTEREST ADJ£5.38

£7,384.94

 

Summary of the loan

 

ACTUALTOTAL MORTGAGE PAYMENTS£33,111.02

FINAL PAYMENT£28,006.26

£61,117.288 2MONTHS LESS INITIAL LOAN AMOUNT£26,000.00£745.33TOTAL COST OF LOAN£35,117.28ORIGINAL LOAN PLANINITIAL LOAN AMOUNT£26,000.00180£404.76

Months/Payment£72,856.80

 

 

 

In the 82 months I was paying this loan my average monthly payment was £745.33!!!!!!!!!

 

Final Payment Redemption

 

Below is the last few transactions on the loan account before it was cleared, I am confused on what all these payments mean, in particular the payment for repayment of fees and additions ( £4,539.22)

 

DATECODENARRATIVEDEBITCREDITBALANCE26/12/20114004ADDITIONAL INTEREST£67.60£0.00£27,498.4106/01/20124443REDEMPTION ( TT THE LAW PRACTICE)£0.00£28,006.26-£507.8508/01/20124004ADDITIONAL INTEREST£3.93£0.00£503.9209/01/20124444INCOME ON EARLY SETTLEMENT£353.92£0.00-£150.0009/01/20124439SOLICITOR DISCHARGE FEE£66.00£0.00-£84.0009/01/20124342BLANK?£84.00£0.00£0.0009/01/20124420REPAYMENT OF ADMIN CHARGE£0.00£84.00-£84.0009/01/20124414REPAYMENT OF FEES AND ADDITION£0.00£4,539.22£4,623.2209/01/20124416REPAYMENT OF CAPITAL£0.00£20,622.58£25,245.8009/01/20124063BALANCE TRANSFER ON SETTLEMENT£25,245.80£0.00£0.00

 

 

 

Please based on the above could you give me some advice on the following

  • Can I claim back all the charges? If not which ones do you think I should aim for?
  • If yes to the above, what is the next suggested move?
  • Can I claim back interest on these charges? I have used 8% on the charge calclulator ?( Tab 1)
  • Do the redemption figures look correct?
  • Figure on the calculator shows £9k + does this mean I have to go to court?

I am really sorry that it is such a long thread for a newbie bit wanted to try and give you as much information as possible to try and get some valued comments

 

Hope someone can help :-D

 

I will keep this thread as fully up to date as possible with all my results to aid other people in there claims.

 

Regards

 

Steve

 

Excel Sheet

 

Tab 1 - Compound Interest Calculator

Tab 2 - Summary of charges and mortgage payments

Tab 3 - Full breakdown of charges by date

Tab 4 - Final Redemption Summary

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very dif to read some of that.

 

can you not PDF some of it

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi dx

Can you see the excel sheet that is attached, has all the details

 

Thanks

 

Steve

 

 

very dif to read some of that.

 

can you not PDF some of it

 

dx

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the blues a bit dark for the text.

 

if that a reclaim spread

you can't reclaim additional or any interest entries.

 

as this is a secured loan that they charged int on the bal every month [inc the PENALTY] charges]

you should be using the foscisheet.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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So you can reclaim additional interest charges that are added to statement

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Hi DX

 

Can you point me in the right direction of the foscisheet??

 

Thanks

 

Steve

 

 

the blues a bit dark for the text.

 

if that a reclaim spread

you can't reclaim additional or any interest entries.

 

as this is a secured loan that they charged int on the bal every month [inc the PENALTY] charges]

you should be using the foscisheet.

 

dx

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Thanks Sheila

 

I have looked at yout thread at that just makes me even more determined to get these people

 

Good luck and I will keep you as updated as possible

 

Thanks

 

Steve

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Can anyone please advise what cover letter should go with this claim ? Your help would be appreciated

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So you can reclaim additional interest charges that are added to statement

 

no you cannot

that was a typo

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Can anyone please advise what cover letter should go with this claim ? Your help would be appreciated

 

you can adapt the credit card charges reclaim letter from the library top left

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Morning All

 

Letter sent 24th April recorded post for charges and additional interest, they have now sent me a letter saying they have 8 weeks to look into this?? Is this correct?

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yes sadly

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Good Afternoon All,Happy Friday,

 

well I received a very quick reply from GE Money virtually saying thanks for the letter but get lost because we are right.

 

They are saying that they are well within there rights to charge £40 admin fees and I signed up for that at the start with the credit agreement.

 

They are asking why I think it should be less?

 

I am a little confused how to reply,

 

I am attaching the letter back from them along with the initial credit agreement we signed

 

.Please could someone have a look and see if I can at least reply and say you are wrong and the amount charged was illegal .

 

I am also attaching the letter which I sent them which shows In total for a £2k0 loan

 

I have paid back over £61k ( average £745 per month) through 82 months of the original loan period of 180 months,

 

if I would have continued to pay at this rate I would have paid back a staggering £134k

 

I know everyone is busy

but if anyone could help

 

I would be very grateful

 

Regards

 

Steve

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att un-approved your name isshowing.

 

i'm not sure where this went wrong

 

but you cannot reclaim the add int unless you can prove it was all due to their PENALTY charges.

 

you cannot reclaim the sols fees as its been to court

they are allowed to charges them to the account.

 

it seems to me you placed the claim with checking back here first.

 

the only fees you can reclaim are those detailed as

 

admin fees.

default notice fees.

dd failure fees

 

as for the £134 k bit astonishing!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi DXThanks for your prompt reply, noted that I left my name showing but not overally concerened about this unless it is against forum rules.Noted your comments with regards additional interest but I am sure I have read or been informed that this is OK to reclaim?? Is there a standard reply with regards the admin charges on how I can justify that these are in fact unlawful and unjustified? Any help would be appreciatedRegardsSteve

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the FSA now the FCA

 

on PENALTY charges

 

clearly stated that ANY punitive fixed sum penalty charge must reflect the 'ACTUAL ADMIN COSTS' of the company.

 

mere ly stating they are on / in our T&C

or that we confirm they ar a suitable level is bowlarks.

 

sadly you'll find whatever you want out of GE

 

they ALWAYS wriggle

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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