Ge money - Secured loan Fees reclaim - **WON AT COURTS DOOR** now after legal fees

[dx100uk]

yes! to post 50

[jaxads]

thanks dx, how do you think the POC in post 52 is shaping up?? Any comments would be greatly received.

[jacqui_o]

I am about to embark on reclaiming fees and charges as well and expecting resistance lol.

[jaxads]

Hi Jacqui --- good luck -- keep at it. Shamesless bump again, could any legal seagulls please have a look at my POC in post 52 TYVM

[dx100uk]

you got links to docs on your PC in it

 

post it up as a PDF.

 

also be aware posting .doc files

opens you up to showing pers info in the properties box.

 

dx

[jaxads]

Hi Dx - how can I delete the .doc from here?

[dx100uk]

I have unapproved any .docs you have posted in this thread for you

 

dx

[jaxads]

I have unapproved any .docs you have posted in this thread for you

 

dx

 

Tyvm ... I'll upload as PDF tomorrow.

[jaxads]

hi, hopefully a new POC is attached, any comments or suggestions would be gratefully received.

[jaxads]

Because of problems uploading the attachment, I'll type below the POC for the claim against GE Money

 

UNLAWFUL CHARGES:-

 

The claimant has an agreement with the defendant, dated XXXXX, concerning a secured loan of XXXXX. The credit agreement is regulated by the Consumer Credit Act 1974. Original payments XXXXX (13.75%) with variable rate at 9% above Barclays Bank plc base rate.The said loan is subject to he Unfair Terms in consumer Contracts Regulations 1999 (UTCCR).

 

The defendant is statutorily bound by Financial Services Authority Regulations - Mortgage: Conduct of Business Rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000.Base rate varied (+/-) from the inception of the loan until March 2009 when base rate reached th low of 0.5%, where it has remained to date.

 

Basic loan repayments have been XXXXX since March 2009.Payments made to the account to date XXXXXTotal basic repayments due XXXXXXThe account fell into arrears at which point the defendant levide monthly "Administration Charges" to the account, at a rate of £40 per month.

 

The defendant refused to provide a breakdown of the £40 fee.the defendant also levied further interest upon the said charges.The fees (and interest thereon) on the account total XXXXX as at XXXXX.The mortgage administration charges were levied at a rate which exceeded their administration costs.

 

The level fo charges are unfair because they breach the requirement of fairness contained in UTCCR.The claimant approached the defendant with a view to the charges (and added interest) being removed from the account. The defendant declined the request, stated their charges would stand and that were would be no further communication on from them on the matter.

 

OTHER UNFAIR CHARGES The defendant has levied "debt counselling" charges to the account. no such meetings have ever taken place.The claim is therefore for the following charges to be removed from the account:Arrears Charges XXXXXInterest Accrued XXXXXDebt Counsellors Fees XXXXXInterest Accrued XXXXXCourt Fees.

 

The claimant would also request the court award the Statutory 8% interest.

 

Any comments greatly received, hoping to submit late this week/early next week.

Many thanks.

Edited January 29, 2014 by Andyorch
Paras and spelling

[jaxads]

Sorry for above post, all set out neatly when typed, but then showed up like that!!!

[AndyOrch]

Corrected for you jax.

 

Andy

[jaxads]

Many thanks Andy.

[dx100uk]

you need to pdf attachments

 

dx

[jaxads]

Hi --- can anyone please have a look over the POC in post 60 - and give comments/amendments. Thank you xx

[jaxads]

Hi - is there anyone out there that could give their opinion on the Particulars of Claim in post 60 -----

Any thoughts/comments would be greatly appreciated.

Thank you very much.To all those affected by the flooding --- thoughts are witih you, stay strong xxxx

[jaxads]

N1 submitted today --- let the games begiin!!!!!

[AndyOrch]

keep your thread updated jax as you move through the process.

 

Regards

 

Andy

[jaxads]

Will do Andy - the optimism I have and that is keeping me positive is the fact that they will NOT want to provide a breakdown of the charges!!

[jaxads]

Hi, I've read around the forums but cannot see anywhere how this is worked out. Is it given on the total amount of the claim from the date of the court hearing or (in the case of reclaiming admin charges on a secured loan) is it given from the date the charges were levied to the account?

 

I know it's at the Court's discretion ... If it gets that far .... Eeekkk

 

any clarification would be appreciated, many thanks.

[citizenB]

http://www.legislation.gov.uk/ukpga/1984/28/section/69

 

Some information in the link above - however, I think it is reclaimable from the date the debt arose.

 

I could be well wrong, but in the case of a consumer debt where interest is already charged, I dont think s69 can be used. Others with more knowledge of this will probably be able to advise further.

[jaxads]

Many thanks cb

[jaxads]

notice of service received today ........ Let's see what GE Money do next .......

[jacqui_o]

lol am waiting and watching I am about to start looking at reclaiming charges as well..... good luck

[jaxads]

Received 1st letter from GE Money this morning offering about 1/5 of claim I've put in.

 

They said several charges are barred under s5 of limitations act [its a secured loan, so I was under the impression it was 12 years, which I think they know is the case too!].

 

Amazing how quickly they can reply when they want to!!

 

they said my claim was poorly particularised and that charges do not fall under the unfair terms in consumer contracts regulations?

 

Any thoughts anyone?..