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    • Hi All I have now received a Final Reminder, which I have attached. Can you confirm that I should still ignore this letter and take no further action. It does not appear to say "Letter of Claim" anywhere on the document but I just wanted to check with you all. Many thanks FightUnfairParkingTickets Parking Charge Final Reminder issued 29th May 2024.pdf
    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
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ge money claim for unfair fees and charges **WON**


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Hello

I am new to posting - I would be grateful for any help

 

I have followed the advice on the forum and have filed a county court claim against ge money for unfair fees and charges for the amount of 2300.

 

I have received a reply stating that they think my claim is poorly particularised and wholly without merit and therefore vulnerable to be struck out by the court and have made.me an offer of 1250 and if I refuse this then they are instructing their solicitors to file a formal defence and apply to the court to strike out my claim

 

I am now losing my nerve- can someone help me - will I have to go to court and what will happen. If I lose is that the end of it. I really don't want to accept this as they have treated me terribly in the past. Grateful for any advice at all!

Thanks

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Particulars were as follows

This claim is against ge money secured loans for the amount of 2276.70 which has been added to my account unfairly unlawfully and disproportionately in respect of late payment/ administration fees. The charges have been made at 40 per item and have subsequently added considerable arrears to the account. These charges are unfair as they do not accurately reflect the true administrative costs of the company. I would like these charges to be returned to me in full and not reversed historically.

The account started in April 2007 - 40 charges of 40.00 - I used the spreadsheet to calculate the charges. I have just claimed for the admin fees. They originally offered me 920 and I refused and entered the court claim.

Thanks

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£1,250.00 sounds like a reasonable offer..

 

Whilst I would agree that your PoC isnt particularly good - I think they would probably attempt to persuade you to drop the claim whatever you had submitted.

 

I am sure others will be along to advise what your best move should be :)

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well done jake. You've got them to not only make an offer but also increase it in an effort to put you off going to court. Ask yourself why they don't want to go. ;)

 

When you put in a court claim you have to expect a defence and companies will always use a solicitor for this. Just because they apply for a strike out doesn't mean the judge will do that.

 

Ims is right about the poc but don't let GE stop you claiming what is yours. Let's see what the legal bods have to say. :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Has anyone anymore advice for me - my partner thinks I should accept the offer as we have missed payments in the past. I am quite scared of the court process thing - wil I have to go? Thanks

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Hi Jake,

 

You should only start court action if you are prepared to see it through to a final hearing, up against the defence barrister, in front of a judge.

 

Things would not necessarily go that far and one would hope a settlement could be reached before that stage. However, there's no guarantee and you would have to appear, to represent and argue your case.

 

:-)

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  • 1 month later...

Ongoing fight with GE Money - Help please?

 

Well I decided against accepting the offer made to me by GE and last week received the defence form from them in the post. As i said earlier - my POC was very poor, I didnt realise that this had to be so comprehensive and the solicitors for GE (Optima) have dived on this and have said in the defence that the POC is not properly particularised or set out in numbered paragraphs and then have continued to rip the claim to shreds basically. I have sent back my directions questionnaire yesterday but couldn't pay the allocation fee as the line was busy so they have asked that I pay this on Monday but in the meantime I have received a letter from Optima again this morning asking that I discontinue with the claim in view of the contents of the defence. If I discontinue with the claim, can I re issue a new claim properly particularised this time? I know this will cost me but they owe me 2200.00 so its worth the effort. Any help with this would be most appreciated.

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Hi

I am in the middle of trying to reclaim charges from GE money for admin fees. I have followed letters procedure and GE offered me a settlement after much wrangling (WITHOUT PREJUDICE) OF 1250 - THE CLAIM WAS FOR 2200.00. I turned this down.

 

Basically I have made a mess of the claim form - my POC was poor and I didnt add my partners name on the form and GE are all over this and have filed a defence using all of this. I don't feel I am in a very good position. I received my directions questionnaire on Friday sent it back but couldn't pay the allocation fee as the court phone lines were busy - so this needs paying on Monday. In the meantime, this morning.,

 

I have received a letter form GE Solicitors (Optima) asking me to discontinue with he claim in view of the defence. Can I drop the claim and re - issue a new one that is properly particularised? Or if it goes to court and is struck out can I start a claim again?

 

I am so confused as to what to do, I jumped in feet first and have made a total hash of it but they shouldn't be allowed to get away with these charges. Any help or advice would be most appreciated.

Edited by citizenB
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Jake

I can not help with the procedures but I am sure someone will want to know details in order to assist

 

1) What exactly is the claim for, you say admin fees, are they yours or there's?

 

2) What do you mean by the letter process?

Any opinion I give is from personal experience .

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I will flag for those on the site team that will be able to help.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Jake, I have merged both your threads as it will make advising you a lot easier with all the story in one place :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Jake, , I'm probably only a few days behind you as I've submitted a claim to court too. I'm expecting all the usual spiel about POC not being correct and putting in defence etc, but I honestly do not think GE Money will want to go to court as they will then have to prove the value of the £40 charges. There is only one signature on my claim form too .... So they'll pick that too no doubt. Someone, will be along to advise you further soon I'm sure. Keep going, don't give up!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Thread moved to Financial Legal Issues.

 

Andy

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Hi Jake,

 

If you refuse to drop the claim as Optima suggest, they are likely to make an Application to the court for your claim to be Struck Out on the basis that it has little or no merit.

 

You can oppose such an Application and the likelihood is that the court will make an Order that you File and Serve an amended and fully particularised POC.

 

Accordingly, I do not think you should, or need to, withdraw the claim with a view to starting it afresh.

 

:-)

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  • 2 weeks later...

Hi jake, any updates?

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Hi Jake,

 

Just want to wish you luck with this.

 

I'm currently suing MBNA for charges and I know just how daunting it can be, but stay strong and keep going. I have already beaten Barclaysharks (they settled before court) and others on here have also been successful with various companies.

 

You will get loads of advice here and remember, they have made an offer so they know you are in with a chance, but they will play dirty and try to scare you into submission.

 

Hold your nerve, and keep us updated :wink:

 

Up2

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  • 3 weeks later...

hello everyone

 

I have received e general form of Judgement or order in this mornings post. It states -

 

It is ordered that

1. The claimant shall by 14.00 hours on 17 April 2014

a) File at Court and serve on the Defendant a detailed breakdown of how she calculates the sum of £2276.70

 

b) File at Court and serve on the Defendant a fully pleaded particulars of claim which shall include the legal and factual basis upon which she claims the charges levied by the Defendant are unlawful or unfair

c) File at Court and serve on the Defendant a written statement setting out why the Court should not stay this claim pursuant to s141(5) Consumer Credit Act 1974 until such time as Mr (my partner) is added as second Claimant herein (and consents to the same)

 

2. In default of compliance with paragraph 1 of this order, the claim shall stand struck out without further notice.

 

3. Because this order has been made without a hearing, the parties have a right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of the service of this order.

 

I understand the particulars of claim bit - i am assuming I will need to fill in a form at Court for this? And then send a written statement to GE? Think I have seen a very well set out POC on this site somewhere to help me.

 

I find the last bit a little confusing though (3)I wondered if anyone could anyone help?

Thanks

 

Jake

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Hi Jake

 

This covers point 1c re adding your partner to proceedings:-

 

http://www.legislation.gov.uk/ukpga/1974/39/section/141

 

I will mark for the attention of the Site Team to go through the rest with you.

 

Regards

 

Andy

We could do with some help from you.

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