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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
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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 :)

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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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.

 

:-)

We could do with some help from you

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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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