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

[slick132]

Hi Jake,

 

You need to comply with the order above and File and Serve the necessary doc'ts by the deadline.

 

1.a Will be your updated spreadsheet showing all charges and interest.

 

1.b Will be a suitable fully particularised POC. Look here for an example - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?80-Mortgage-companies

 

1.c Has already been addressed.

 

Let us know how you're getting on with complying.

 

[jaxads]

Hi Jake,

 

You need to comply with the order above and File and Serve the necessary doc'ts by the deadline.

 

1.a Will be your updated spreadsheet showing all charges and interest.

 

1.b Will be a suitable fully particularised POC. Look here for an example - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?80-Mortgage-companies

 

1.c Has already been addressed.

 

Let us know how you're getting on with complying.

 

 

Hi jake, did you get all done and submitted? I

[Jake17]

Hi All - 6 months on..........................Still battling on with GE money!Hope this will help others.Have a court date set for next Friday 15th August. So far I have had another offer of 1250.00 same as before they never increased it and then a tomlin order with the same offer. I have not replied to these - in hindsight may be I should have tried to get them to up the amount? Anyway too late now.......Last week I recieved a huge ream of paperwork from Optima - GE's defence forms. They have included a witness statement from a member of staff and a copy of the original loan agreement and then a copy of the telephone transripts detailing all the times they have tried to contact me (mainly at work! I had to ask them to stop constantly contacting me) Basically my side doesnt look good but I knew they would do this, looks like this is going to be a slagging of session of how bad a customer I have been.So....any advice please, I am very nervous about going next Friday and hope I dont fluff it because of this. I am thinking along the lines of ' Sorry I really don't feel that we are here to discuss my poor credit record or behaviour - the issue is the unfair charges applied to my account'. What do you think? Advice much appreciated!

[AndyOrch]

That can only be your approach do not allow them to divert or muddy the waters.

 

Andy

[Jake17]

Thanks andy

I have just got home tonite and have had a new offer of 1750 (tomlin order) with a letter saying that because i havent entered any witness evidence - i am now debarred from relying on any evidence at the hearing.

What do you think - take it and run? Or try to negotiate - think maybe its a little late in the day as court is next friday?

Thanks

[AndyOrch]

Why did you not submit your WS?

[Jake17]

Am afraid i didnt know i had too

[AndyOrch]

All the directions and time table are included with the Notice of Allocation...Disclosure & Witness statement exchange, hearing fee trial date.

[Ganymede]

Am afraid i didnt know i had too

 

You can do one of two things, file and serve a witness statement tonight and hope for the best or file and serve a statement and make an application to Court for relief from sanctions to be heard as a preliminary issue before the hearing.

[joe 13]

hi jake17, good luck with your claim, not so well up on legal system but will the court not see the two offers they made to you as admitting to wrong doing or at least part of it.

im at the very early stages off making claim against them going on for 5gran now,i dont think they would show phone records in court if it is out like mine they would most probably get done for harassment ,well done for keeping up the battle with them

[slick132]

hi jake17, good luck with your claim, not so well up on legal system but will the court not see the two offers they made to you as admitting to wrong doing or at least part of it.

 

The court will not see the offers as an admission of wrong-doing. If the offers are turned down and the case goes to a hearing, Jake's chances in court may be compromised by the failure to comply with the court's Directions.

 

[Mike_hawk]

Am afraid i didnt know i had too

 

Have you considered accepting the offer? I know it's not exactly what you were aiming for but at 70% are you sure you understand enough of the process and arguments to stand a greater possibility of winning your case?

[caro]

Have you considered accepting the offer? I know it's not exactly what you were aiming for but at 70% are you sure you understand enough of the process and arguments to stand a greater possibility of winning your case?

 

On the other hand why are ge upping their offer? Are they as confident as they make out?

 

I know it's not long until the hearing but I wouldn't rush a decision. It's not too late for them to offer more.

 

What does the Tomlin Order say?

[Mike_hawk]

On the other hand why are ge upping their offer? Are they as confident as they make out?

 

I know it's not long until the hearing but I wouldn't rush a decision. It's not too late for them to offer more.

 

What does the Tomlin Order say?

 

I would think it plays the percentages.

 

Without sight of the op's calcs I can only find mention of £1600.00 in charges + request for relief to 8% interest at circa £600.00, s.69 interest is not necessarily granted in every case.

 

I figured the offer would settle the base of the claim + filing and allocation fees, leaving the op out of pocket on possible s.69

 

Not entirely sure how happy the court will be with the missed filing and service dates, it may overlook it but then again it may dismiss late filing in its entirety.. an app for relief from sanction would carry a fee of £155.00 and may not be successful, factoring that cost in the offer starts to look a little better.

 

By all means ask for more but I wouldn't be inclined to drag it out until the 11th hour.

[caro]

Fair points.

[Jake17]

I have decided to accept the offer - due to the mistakes ive made with missing stuff out etc i dont think its worth the risk. I really wish i had bought the patricia pearl book advertised on here earlier ( only bought it last week) and read through it before starting ( caggers take heed!) it does show though that you can fight these companies and get your money back (maybe all of it if you follow correct procedures!) i want to thank everyone for the help and comments in the meantime.

[Mike_hawk]

FWIW I think that would be the sensible option and you've saved yourself a further couple of days in preparing docs and trial.

 

Could you post a copy of the offered schedule prior to signing, just in case it contains anything untoward.

[slick132]

Hi Jake,

 

I also think that's a wise move, accepting their offer.

 

[Jake17]

Hi Jake,

 

I also think that's a wise move, accepting their offer.

 

Hello again, can't quite believe am here again!

 

If you look at my old thread above, I challenged and won before court date £1750 back in admin fees from ge ........

 

forward 2 years and my account which I have kept in order has been passed to arrow global and to my horror I have realised the charges that they be so kindly refunded by cheque are still on the account.

 

I have contacted arrow who have asked for proof, which I have sent, but I have just received a letter from arrow stating 'thank you for your complaint we will be looking into this ....blah blah' .

 

hmmm seem to have been here before. I have sent them a letter showing the amount that ge refunded to me but I have got a nasty feeling that I have been stitched up like a kipper!!!!!

 

As it never actually went to court would I be in a position to take theses idiots (arrow) to court if necessary???

 

Please help!!!

Edited September 21, 2016 by slick132
added paragraph spacing; sorted format of quote

[slick132]

Hi Jake,

 

I've added spacing to your post above - blocks of unspaced text are harder to read.

 

In post #42, you were asked for a copy of the agreement or Tomlin Order that led to the court case being dropped by you.

 

Can you post this now but remove any identifiers.

 

If you received the agreed refund by cheque, what happened to the balance due on the account. Or was this covered by the Tomlin Order with GE agreeing not to pursue any remaining balance.