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    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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Hi, I hope everyones fine,

 

 

Ge money are taking possession proceedings against me

even though the amount of unfair charges are well in excess of current arrears.

 

 

I am having some dispute over my charges with Ge money,

I have opened a claim against Ge money and

 

 

going to Wandsworth county court on the possession proceeding on the12th of September

to address my concerns about the charges, and

 

 

GE money's unfair treatment of consumers.

 

 

I know most of the people here are having the same problem with

 

 

Ge money's outrageous charges and behaviour

 

 

I am going to fight this in court and plead that there charges are outrageously high,

also they haven't provided me with a clear copy of agreement contract

and it was with Cowen my original contract was with, not Ge money.

 

 

So if any one has problems with Ge money you are more than welcome

to contact me

 

 

And we can raise your issues in these proceedings. the hearings on the 12th of September

so we have very limited time

 

 

so please contact me ASAP and I will put forward your concerns as well,

the more we are the more standing we have against Ge money

 

 

and for once we can stand up to their outrageous behaviour.

If you are deciding to join my action please send me a email well in advance of 12th of September,

as I am also a litigation paralegal,

 

 

I could provide you with some advice or come on the day

as I said the more the greater standing we have against Ge money.

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Hi, I hope everyones fine, Ge money are taking possession proceedings against me even though the amount of unfair charges are well in excess of current arrears. I am having some dispute over my charges with Ge money, I have opened a claim against Ge money and going to Wandsworth county court on the possession proceeding on the 12th of September to address my concerns about the charges, and GE money's unfair treatment of consumers.

 

I know most of the people here are having the same problem with Ge money's outrageous charges and behaviour. I am going to fight this in court and plead that there charges are outrageously high, also they haven't provided me with a clear copy of agreement contract and it was with Cowen my original contract was with, not Ge money.

 

**Removed private email address **

 

 

And we can raise your issues in these proceedings. the hearings on the 12th of September so we have very limited time so please contact me ASAP and I will put forward your concerns as well, the more we are the more standing we have against Ge money and for once we can stand up to their outrageous behaviour.

 

If you are deciding to join my action please send me a email well in advance of 12th of September, as I am also a litigation paralegal, I could provide you with some advice or come on the day as I said the more the greater standing we have against Ge money.

 

The hearing is tomorrow at 12 noon, if you or anyone has had a success story or if you want give me some advice on cases against Ge money can you please reply urgently.

 

Thank you so much

Edited by citizenB
formatting and private email removed.

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I have moved your thread to the Home Repossession forums so that it will receive more attention.

 

I have also removed your email address - this is a public forum and it is really not a good idea to provide the world and their wife with personal details.


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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, I hope everyones fine, Ge money are taking possession proceedings against me even though the amount of unfair charges are well in excess of current arrears.

I think that the charges and arrears are separate?

I am having some dispute over my charges with Ge money, I have opened a claim against Ge money and going to Wandsworth county court on the possession proceeding on the 12th of September to address my concerns about the charges, and GE money's unfair treatment of consumers.

The possession proceeding is just that, a possession proceeding. Your concerns about the charges and unfair treatment are not relevant to the possession proceeding. You may feel that they are relevant, though the Judge can only deal with the banks claim for repossession and can not deal with your concerns about the charges and unfair treatment.

 

I know most of the people here are having the same problem with Ge money's outrageous charges and behaviour. I am going to fight this in court and plead that there charges are outrageously high, also they haven't provided me with a clear copy of agreement contract and it was with Cowen my original contract was with, not Ge money.

I think it is normal for banks to buy and sell mortgage loans.

 

And we can raise your issues in these proceedings. the hearings on the 12th of September so we have very limited time so please contact me ASAP and I will put forward your concerns as well, the more we are the more standing we have against Ge money and for once we can stand up to their outrageous behaviour.

 

If you are deciding to join my action please send me a email well in advance of 12th of September, as I am also a litigation paralegal, I could provide you with some advice or come on the day as I said the more the greater standing we have against Ge money.

 

The hearing is tomorrow at 12 noon, if you or anyone has had a success story or if you want give me some advice on cases against Ge money can you please reply urgently.

 

Thank you so much

A paralegal has given you this advice? I would disagree with that advice - the possession hearing can only deal with if the property is being repossessed or not.

 

Your complaints against the mortgage company can not be dealt with at the possession hearing.

 

Whilst you have complaints against the mortgage company, I think you should take these complaints up at a later time and in the meantime you need to concentrate on preparing for tomorrow so you can stop the repossession of your property.

 

The Judge would need to be convinced that you are in a position to pay your arrears over a reasonable amount of time. The maximum time allowed will be the remaining term of your mortgage.

 

I am not a paralegal but I believe the advice you have received from the paralegal is incorrect because the repossession hearing can only deal with the repossession and not your complaints. Although, I could be wrong in this!


If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Agree with veganite. Can you afford to make repayments and something off arrears? The charges are another issue, although you can obviously mention them. I really don't see a judge agreeing to turning your hearing into group litigation.

 

What exactly is the hearing for tomorrow? Is there already a possession order? Have you done anything towards claiming charges?


 

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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,pejparto sorry only noticed your post now bit limited time to come on here during week with work.

i hope all goes well with your hearing in court, i think from the information i have read on cag the court will be only interested in your possession and would not be interested in any thing you say about other ge clients ,ge are cunning with their charges they add them to your your loan and charge int on them .

when my loan finished march 2013 after i paid last payment sent me letter saying over 4 grand in charges outstanding .

if only you could could got on here bit more time before court there is lot clever people on here who would given you good advice in how to deal with the matter.

dont think you should have problem if you you can prove to the judge you are willing to pay off the arrears at a reasonable amount.

after that get back on here and get after them for your charges back good luck joe

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Dear all,

 

I went to possession hearing yesterday. I tried my best to get the claim for possession strike out but the judge did not agree with me, however no possession order was made and the case was adjourned with my directions that I file and serve a defence in the case. I have a good month and half until the next hearing but before that hearing I would like to apply to get my charges and interest back. I would like to know if anyone here has been successful in getting their charges back and if so how did they achieve that? Thorough The court? Ombudsman ? Or by any other means? If you were represented by a law firm or helped by an organisation please let me know so that I may also pursue the same as my home is at risk and my home is the only thing I have to show after 60 years of hard work.

 

Thank you all in advance.

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Dear all,

 

I went to possession hearing yesterday. I tried my best to get the claim for possession strike out but the judge did not agree with me, however no possession order was made and the case was adjourned with my directions that I file and serve a defence in the case. I have a good month and half until the next hearing but before that hearing I would like to apply to get my charges and interest back. I would like to know if anyone here has been successful in getting their charges back and if so how did they achieve that? Thorough The court? Ombudsman ? Or by any other means? If you were represented by a law firm or helped by an organisation please let me know so that I may also pursue the same as my home is at risk and my home is the only thing I have to show after 60 years of hard work.

 

Thank you all in advance.

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Righto, so you need to enter a defence in order to prevent a possession order being made.

 

I will try and find someone who might be able to help.

 

In respect of the charges, I believe others have made claims for the return of these and been successful. They have mostly done the hard work themselves.

 

If you do not have all the statements with the charges showing, then you will need to send a Subject Access Request for all the data in respect of your history with the company - to include statements.

 

Then you will need to complete a spread sheet - you would in the first instance, send the claim request to the company - then on to the Ombudsman or court action if they decide to refuse.

 

The letter below is your first approach, along with a copy of your spread sheet to the company.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges


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Uploading documents to CAG ** Instructions **

 

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3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

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5: Forum rules - These have been updated -

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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

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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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What do the particulars of claim say?

 

How much are the arrears?

 

What caused you to get into arrears?

 

How long is left on the mortgage?

 

Can you afford to pay it now plus something off the arrears.

 

Are there children living in the house?

 

Take a look at ell-enn's repossession guide in the stickies at the top of this forum. Read through it and complete the budget sheet you'll find there.

 

Although I think you're right to clam the charges back, you should bear in mind that they shouldn't be part of the arrears figure so don't expect the charges to clear the arrears. Don't lose sight of that in your defence.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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Thank so much for your help, but what I am really interested in is what should be my action going forward 1. Court or 2. Ombudsman because I have already over 2013 to 2014 raised complaints about charges and GE money has only referred to original terms in the contract and are now deflecting my correspondences by saying they have issued their final response in regards to charges.

I am a bit worried about raising the complaint through the ombudsman as I worry Ge money will use the Supreme Court ruling to get out of repaying the charges.

 

Moving on also I read somewhere that mortgage companies illegally sell your debt on others using a note and if you request this and challange them the bank usually backs off. Is this true and has any one tried this?

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The claim is issued for arrears and the mortgage is due to become term expired next month.

 

 

I have calculated to date I have paid £7000 in charges and extra interest

and they are claiming repossession for £8000.

 

 

It is really difficult for me to fight this as i suffer from depression and anxiety

and I don't even speak English and my sons are helping keep my house by fighting this in my behalf.

 

 

The funny thing is I did not even borrow this money amount

my ex husband borrowed the money and forced me to sign the agreement

and I could not even read or write do I was unaware what I was entering in to.

 

 

I have raised undue influence as my defence but we really need peoples help here

to get our charges back because if we get our charges back

that would mean my a majority of my arrears will written off and my house will be saved.

 

 

So please help me guys.

 

 

If you know any good lawyer who can take my case on a no win no fee basis

or any good organisation to help me I really appreciate it.

 

 

Also please of you have successfully reclaimed your charges please let me know how have you done so, by the ombudsman or court action.

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sorry we cannot recommend solicitors or NWNF firms.

 

 

the arrears fees cannot directly be used as a defence.

 

 

they are a separate issue.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Have you got all your statements and calculated the charges?

 

Have you taken any steps so far to reclaim them?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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Pejparto,

 

there have been queries raised regarding some of your statements.

 

I am a litigation paralegal - if this is the case, then surely you would know of solicitors who might be able to assist

I don't even speak English - you are doing a pretty good job typing/reading it on the forum ?

 

 

All those that help out on the forum are volunteers giving their time in between their own very busy lives. Whilst we are happy to help where we can - it is hoped that our good will is not being abused ?


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

 

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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Thank you for your post.

 

I am a paralegal and I typed all these messages on behalf of my mother. She does not speak English and does not even understand the possession proceedings. I have done well on stopping GE money getting a possession but because this is not my area of law I very limited understanding about banking disputes. I normally deal with small claim litigation so this is all new to me. As I stated GE money are deflecting my letter on the basis that they have issued their final response in regards to charges. So what shall I do now court action or ombudsman and I am not sure what to write to either? So if anyone can help I will really appreciate it.

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Yes calculated the charges wrote to Ge money disputing the charges on basis that the exceptionally high and unfair but they have refused to refused to return the charges stating that they are in accordance with the terms and conditions of the original credit agreement. And now they are deflecting my letters on the basis that they have already issued their final response and will no longer correspond with us on this issue. I wonder what would be the best action going forward. Has anyone else been successful in getting their charges back and if so how did they achieve the same?

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Thank yes our defence is going to be undue influence but I would like reclaim the charges on behalf of mother because clearly she was in financial hardship and Ge money have applied unfair charges every month ranging between £40 to £80 and have applied further interest on such charges. I can very simply issue a small claims against GE money for a return of the charges but my worry is if I lose in accordance with the terns and condition they can add any legal to the mortgage account putting my mother in further debt with GE money who are one if the worst financial institutes I have ever dealt with. So that is why I want to get this right the first time round and that is why I want help from people. I really approximate all your helps and ask if you could please help us.

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In that case I would suggest you take them to court. I'm not sure if you could put it as a counterclaim. They are penalties so unlawful.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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Thank yes our defence is going to be undue influence but I would like reclaim the charges on behalf of mother because clearly she was in financial hardship and Ge money have applied unfair charges every month ranging between £40 to £80 and have applied further interest on such charges. I can very simply issue a small claims against GE money for a return of the charges but my worry is if I lose in accordance with the terns and condition they can add any legal to the mortgage account putting my mother in further debt with GE money who are one if the worst financial institutes I have ever dealt with. So that is why I want to get this right the first time round and that is why I want help from people. I really approximate all your helps and ask if you could please help us.

 

You say this is a mortgage but will defend with undue influence?????

 

Is your Mother living in the house?

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Yes she is living in the house but her ex husband barrowed this money as second mortgage and forced her to sign the papers.

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We haven't heard anything back I have tried to get my parents legal aid and free help it's shocking that almost no law firms want to take this case on legal aid. Do I guess we are fighting this ourselves. I hope people can help me here. What do I need to send Ge money to get all documents they have on this account.

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sar

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I have amended your thread title - removing "tomorrow" as the case has been adjourned.


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

 

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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