purple loansiGroup/GE Money Home Lending - charges court claim

[jaxads]

Sorry for previous post, despite putting in paragraphs, when it is displayed, it all just bunches together !!!!

[dx100uk]

Try note pad not word to copy and paste from

 

Dx

[jmd1307]

So claim form ready to send tomorrow - taken a few attempts due to teething problems with the form .... So now the action begins

 

Just wondered - any point in me emailing the CEO to say claims being sent tomorrow but open to it being settled out of court - or allow the procedure to advise?

[jmd1307]

jaxads - thanks for the post! Only just seen it, didn't get an email notification for some reason!!

 

All ready for claim to send tomorrow - so prepared to see it through

 

Thanks again!

[jmd1307]

Quick update. Had some hiccups with the N1 submission - all addressed and resent. GE have until 20th Aug to respond to claim. Hoping to go straight in for judgment by default on 21st - fingers crossed!

[jmd1307]

So received notification of defence today guess expected, but was hoping!! They now have until 3rd September to submit defence

[jmd1307]

So GE filed a defence ....

Very much like jaxads ..

. Poorly particularised claim,

their fees are reasonable,

 

 

I'm claiming against the wrong person as they were formally Igroup. Etc

 

Just had to submit an allocation questionnaire

- opted not to have mediation as it states to use if you think they'll settle without a court hearing

- very unlikely so no point me paying for the service.

 

Does anyone have any pointers on the next steps?

I presume I'll now have to submit a defence against their defence at some point.

 

Wondering if anyone, other than jaxads, has got this far with their claim?

 

Any suggestions/experience of this would be appreciated.

[jmd1307]

Any advice appreciated .....

 

So received their N244 defence, requesting that they ''invite us to immediately discontinue the claim' and that it'll be 'struck out' with 'no real prospect of succeeding' .... and they seek an order for payment of their costs.

 

States that IGroup loans changed its name to GE Money then goes on to say that GE Money has 'no contractual relationship or otherwise with us' and 'there is no legal basis' in which we can bring a claim against them - they just confirmed they changed names!

 

States that the claim is statue barred, as the loan doesn't 'constitute a "principal sum of money secured by a mortgage"' making the 12 year limitation denied. And that they are 'embarrassed by the lack of particulars of the claim'.

 

I'm assuming I now have to compete an N244 for my response to their points?

 

They also still haven't addressed the 'write off' of the £4500+ balance - surely if they were 'right and just' in their charges, then they would've sought the balance outstanding?! Especially as it was a SECURED loan!

 

Look forward to hearing from anyone who has any pointers for this stage in the claim!!

[honeybee13]

Hello there.

 

This sounds like posturing by a legal firm to try and frighten you. But I'm not a legal expert, please wait for others to comment.

 

In the meantime, I'll flag your thread for the site team to see if people can help.

 

HB

[jmd1307]

Hi HB,

 

Thanks for the input .... Hopefully you're right and that the site team can assist.

 

I'm going to go through their defence and try to evidence everything that they're disputing.

[honeybee13]

Hi HB,

 

Thanks for the input .... Hopefully you're right and that the site team can assist.

 

I'm going to go through their defence and try to evidence everything that they're disputing.

 

Good use of time, nice idea.

 

HB

[dx100uk]

as it was a secured loan sure it would be 12yrs fwiw:

 

look at it this way

ge money have gone after people for money outside of 6yrs of last payment as long as the charge was still current.

 

so horses for courses.?

 

dx

[jmd1307]

as it was a secured loan sure it would be 12yrs fwiw:

 

look at it this way

ge money have gone after people for money outside of 6yrs of last payment as long as the charge was still current.

 

so horses for courses.?

 

dx

 

Thanks dx - will try to find evidence to support this too

[jmd1307]

Hi all,

 

The claim has now been sent to our local court - so waiting for a hearing date or request for information to send.

 

I want to be able to send the attached, it disputes and shows reasonable doubt in their defense - so that the court can use this information to determine next step.

 

Any suggestions appreciated.

[jmd1307]

Hi. Help/assistance needed please!!

 

Due in court 8/6.

 

Just received letter from Optima, outlining their costs - £8,880!!! Ridiculous!!

 

Any ideas if this is a scaremongering tactic or will I now have this debt to settle?!

 

Thanks

[jmd1307]

Honeybee? Site team? Anyone able to offer some guidance?

 

Think to late in the day for us to get legal representation.

[honeybee13]

Hello there.

 

Can you tell us what's happened since October please?

 

HB

[jmd1307]

Hi Honeybee,

 

Nothing since their defence in September, which I bullet pointed and evidenced - I sent a copy of this to the court and to Optima in March. Also, the change of court from our local one to theirs.

 

Then this morning, a copy of Optima's client (ge money) costs - a copy of which has also been filed at the courts - totaling £8,886.20.

 

I also thought, and read somewhere, that as long as it remains in small claims court then I wouldn't be ordered to pay their costs if I lost?

 

Any advice welcome!!

 

Thanks

[jmd1307]

Hi,

 

I'm in a similar boat - due in court on Wednesday - any suggestions?

[honeybee13]

Hi,

 

I'm in a similar boat - due in court on Wednesday - any suggestions?

 

Hello jmd.

 

I think you need to start your own thread please, so you can have bespoke advice.

 

HB

[dx100uk]

already has a thread

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?444106-purple-loansiGroup-GE-Money-Home-Lending-charges-court-claim

dx

[jmd1307]

already has a thread

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?444106-purple-loansiGroup-GE-Money-Home-Lending-charges-court-claim

dx

 

Apologies - already do have a thread - was just seeking input from others in similar situation

[martin2006]

Hi jmd, has it been allocated to small claims track or fast track?

 

I am probably a little behind you in my case with GE, awaiting notice of allocation as it was sent to my local court

[jmd1307]

Hi jmd, has it been allocated to small claims track or fast track?

 

I am probably a little behind you in my case with GE, awaiting notice of allocation as it was sent to my local court

 

 

Hi. Yes allocated to small claims court.

[dx100uk]

then just sending that to worry you

 

 

dx