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purple loansiGroup/GE Money Home Lending - charges court claim


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The unfair charges are not for you to justify jmd, that falls on GE solicitors toes, in your witness statement i assume you put them to strict proof that they are a gpeol?

 

Address the judge as either sir or madam

 

Spend the evening reading over your WS and brushing up on the relevant parts of any reference cases and documents.

 

Basically know your story and why your telling it!

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If you go to the fsa website it is documented about the fines imposed on ge money for unfair charges

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Good luck in the morning jmd although im sure you dont need luck.

 

update the thread when you can please

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Apparently 12 year limitation is applicable to lenders only and borrowers limitations is 6 years.

 

My understanding was that it was small claims court, however there is a clause so now have to pay GE money £1250 legal fees plus court fees of £1500 = grand total of £2750 in 28 days. 😡😡

 

Should never have been transferred out of my local court either. - not in a happy place right now 😡

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Oh no jmd, thats terrible, im sure you are fuming right now but please could you elaborate on the full ruling when your ready.

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Yes fuming.

 

Entered chambers (what I believed to be small claims track) and judge first apologised for our case being transferred to Watford instead of remaining in our local court.

 

He then directed all his questions at the defendant - so thought it was looking good.

The issue was on limitations act - apparently 6 years.

 

 

I quoted section 20 of the act as its a secured loan and the 12 year limitation act.

Apparently the 12 year is for the LENDER only

- a law implemented to safeguard lenders

- the BORROWERS limitation is 6 years.

 

The judge and the defendant spoke legal jargon which went way over as I couldn't instantly refer to the legislations

- and had no opportunity to question as it was as if we wasn't in the room at times!!!

 

All the charges were 2002 - 2009 so fell outside of the 6 years.

 

Was then told we would have to pay defendants costs

- which were capped at £1350,

but judge said their court application fee (£150) was too high

so reduced it by £100 to £1250

- then he added court fees (???)

really unsure what this is for!!

 

 

So total is now £2750.

And was so gobsmacked that I didn't think to ask for clarification!

 

I questioned paying fees as I didn't expect to pay more than £500 if we lost

- looking at the small claims court fixed fees

- I referred to this and was told that the costs were 'reasonable and fair' as it wasn't £9k

- didn't really answer the question!

 

I said the allocation question specified small claims track for both parties

- now unsure what I attended today after being stung with that!

Not only have we paid in excess of £9k over the top

- we now have to pay them another £3k!!!

 

I asked about the fraudulent fees for debt counselling that we never received

- was told again that it was out of the 6 year limitation.

 

Can complete an N244 or something to pay in instalments,

but would require another court trip,

although I can request it be referred back to my local court.

 

Completely annoyed and feel let down by the judicial system in favour of GE Money.

 

I didn't even have the opportunity to present my breaches, and previous fines and penalties imposed on GE Money.

 

😡 Annoyed and fed up 😡

 

Wouldn't have taken the risk if it meant I had to pay £3k!!!

thought the WHOLE purpose of small claims was to REDUCE the financial risk!!

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Thanks Andy.

 

Trying to make a payment arrangement through the solicitors in the first instance ..... will not be leaving the outcome at this - will be seeking some legal input and go from there.

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