ge money claim for unfair fees and charges **WON**

[Jake17]

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

[ims21]

Can you type up the particulars of claim that you submitted?

 

Did you include interest in your claim figure?

 

Over what period of time were these charges levied?

 

What charges have you claimed?

[Jake17]

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

[ims21]

I think the PoC could have been better but I'll get one of the others on the team to have a look for you.

 

What rate of interest did you use?

 

You say you used "the spreadsheet"....which one?

[Jake17]

8% for the interest. Used the one that calculated this.

[citizenB]

£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

[caro]

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.

[Jake17]

Thanks for your advice

[Jake17]

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

[slick132]

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.

 

[Jake17]

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.

[Jake17]

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 March 15, 2014 by citizenB

[fletch70]

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?

[citizenB]

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

[citizenB]

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

[fletch70]

Thank you CB .

[jaxads]

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!!

[Jake17]

Thanks for that made me feel a bit better and thanks for sorting my thread out!

[AndyOrch]

Thread moved to Financial Legal Issues.

 

Andy

[slick132]

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.

 

[jaxads]

Hi jake, any updates?

[Jake17]

Hi jake, any updates?

 

Hi not yet - will post next instalment soon as i hear anything

[up2meears]

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

 

Up2

[Jake17]

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

[AndyOrch]

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