* Please HELP * GE and the FSA, or how the FSA responded to the GE charges & the PPI claim

[whatamess]

I will be keeping an eye on your thread as I have just had a call this evening from priestly crow telling me the same. I sent a letter over a year ago to James findley and didn't get a reply as j know I'm owed PPI.

[Munirs]

Ok, I tried to get hold of the liquidators by phone, but was unsuccessful.

 

However, I got an email from them.

 

Listen to this,

Findlay James themselves told me to got to FSCS directly.

They did not ackoweldge this Priestley Crowe company at all. Instead, they will only uphold any claims through the FSCS.

 

And get this:

I verified the email address provided by Priestley Crowe in their welcome pack in which they say we can contact Findlay James to verify that they are the official claim handlers

and you make what you want of it, but I don't think the whole truth is being told here:

 

Email provided by Priestley Crowe for Findlay james is : [email protected]

 

The actual email for the Liquidators: [email protected]

 

 

I did send an email to the first email address,

and I got some very unprofessional looking reply which of course,

says that the liquidators have not time to deal with this that's why they are using Priestly Crowe.

 

I don't want anyone to fall foul of any alleged [problem] but please think twice before engaging with this preistely crowe lot.

[Munirs]

Ok, now back to my unfair charges claim.

 

I am drafting a complaint letter to them.

 

Just need to flesh it out a bit.

I am going to mention that GE must consider the term of the 1980s limitations act for secured mortgages which is 12 yeears.

Since the time limit for mortgage lenders to pursue mortgage shortfalls (the result of repossession)

is 12 years before the debt becomes stature barred.

 

I need to add terms or words to the effect that if GE refuse to look into this then I am going to go to the Ombudsman and also to claim court.

 

Please anyone can show me a strong telplate in this regard.

thanks

[dx100uk]

Ok, I tried to get hold of the liquidators by phone, but was unsuccessful.

 

However, I got an email from them.

 

Listen to this,

Findlay James themselves told me to got to FSCS directly.

They did not ackoweldge this Priestley Crowe company at all. Instead, they will only uphold any claims through the FSCS.

 

And get this:

I verified the email address provided by Priestley Crowe in their welcome pack in which they say we can contact Findlay James to verify that they are the official claim handlers

and you make what you want of it, but I don't think the whole truth is being told here:

 

Email provided by Priestley Crowe for Findlay james is : [email protected]

 

The actual email for the Liquidators: [email protected]

 

 

I did send an email to the first email address,

and I got some very unprofessional looking reply which of course,

says that the liquidators have not time to deal with this that's why they are using Priestly Crowe.

 

I don't want anyone to fall foul of any alleged [problem] but please think twice before engaging with this preistely crowe lot.

 

 

I really do think you need to report this to the relevent authorities/regulators.

 

 

dx

[Munirs]

I really do think you need to report this to the relevent authorities/regulators.

 

dx

 

==================================

 

Dx,

 

I will be doing that. Was going to mention it. First going to complain to Findlay James and then to the Ombudsman.

 

Trying to find a ny templates wher I can use to threaten the GE lot who dismissed my unfair claims using the limitations act of 1980 and the six years sb.

 

They didn't mention that for secured loans that time is 12 years!

 

Any help with finding a strongly worded template would be greatly appreciated. Thanks

 

I am also looking.

 

Looking for a Letter before action template...Checking the Library and forums here. If you do find it, please let me know thanks. If I find it,I'll post the link here, Thanks

 

Hmm, maybe this?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405889-Reclaiming-Credit-Card-Charges-Preliminary-Letter-Before-Action

 

Ok mangaed to complete the draft.

 

Please Dx/anyone can you eye ball this:

 

GE Money Home Lending,

Building 4

Hatters Lane,

Croxley Green Business

Park,

Watford,

WD18 8YF.

 

Wednesday, 25 February 2015

 

Dear Sir/Madam

 

Re: Unfair charges claim.

 

Thank you for your letter in response to claim against unfair charges.

 

I am very disappointed with your response in regards to the charges prior to 2009, which you say are subject to the limitations Act of 1980.

 

May I remind you that under the aforementioned Limitations act of 1980, the time limit for secured loans is 12 years. This is a secured loan and as such the time limit is 12 years.

 

May I also remind you that I have called GE around October 2008, from my landline number of xxxxxxxxx, to inform you of our impending move to Australia and to request payment slips so that I can pay GE from Australia.

 

 

During this call, the GE Money member of staff was clearly told we were going to Australia and that member sent us the payment slips and updated the records too.

 

Therefore, to charge us for Counselling visit when we could not have received this visit as we were outside of the country is unfair and we ask that you refund any such charge too.

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

xxx

==============================

 

Opinions please before I send it. Thanks

[SabreSheep]

wrong case law to beat statute of limitations.

a LBA I have used in the past below contains the correct law you will need to use for beaitng sttute of limitations. (And also interest in restitution IF you are claiming it)

 

Dear Sirs

RE:Card/Account Number : XXXX XXXX XXXX XXXX

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees

and over limit charges are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention the implied term of the contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £XXX in charges and I also claim £XXXX.XX in interest of restitution, making a total of XXXX.XX

 

I enclose a Schedule of Charges listing the amounts that I require to be repaid.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register.

Please note that mere correction or amendment to the entry will not be acceptable.

 

In recent years Courts have been happy to accept claims for bank charges that exceed 6 years, whilst having regards

to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitations act 1980.

Should county court action be needed I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated including interest in restitution from the date of this letter.

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

 

Should the latter occur my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively. I trust this clarifies my position.

 

Yours faithfully,

[Munirs]

Thanks DX

What is a restituted interest and how do I calculate this please?

Thank you

[SabreSheep]

Im not DX

 

Not sure if the restitutionry interest is valid for this claim or not.

[Munirs]

Sorry SabreSheeo

 

Ok, I have amended my original draft with the one SabreSheep's.

===========================================

 

GE Money Home Lending,

Building 4

Hatters Lane,

Croxley Green Business

Park,

Watford,

WD18 8YF.

 

 

Wednesday, 25 February 2015

 

Dear Sir/Madam

 

Re: Unfair charges claim.

 

Thank you for your letter in response to claim against the unfair charges.

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention the implied term of the contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £XXX in charges and I also claim £XXXX.XX in interest of restitution, making a total of XXXX.XX

 

I enclose a Schedule of Charges listing the amounts that I require to be repaid.

 

May I also remind you that I have called GE around 20 October 2008, from my landline number of xxxxxxxxx, to inform you of our impending move to Australia and to request payment slips so that I can pay GE from Australia. During this call, the GE Money member of staff was clearly told we were going to Australia and that member sent us the payment slips and updated the records too.

Therefore, to charge us for Counselling visit when we could not have received this visit as we were outside of the country is unfair and we ask that you refund any such charge too.

 

In recent years Courts have been happy to accept claims for unfair charges that exceed 6 years, whilst having regards

to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitations act 1980.

Should county court action be needed I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated.

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

 

Should the latter occur my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively. I trust this clarifies my position.

 

========================

 

Please let me know what you think

[Munirs]

Sorry SabreSheeo

 

Ok, I have amended my original draft with the one SabreSheep's.

===========================================

 

GE Money Home Lending,

Building 4

Hatters Lane,

Croxley Green Business

Park,

Watford,

WD18 8YF.

 

 

Wednesday, 25 February 2015

 

Dear Sir/Madam

 

Re: Unfair charges claim.

 

Thank you for your letter in response to claim against the unfair charges.

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention the implied term of the contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £XXX in charges and I also claim £XXXX.XX in interest of restitution, making a total of XXXX.XX

 

I enclose a Schedule of Charges listing the amounts that I require to be repaid.

 

May I also remind you that I have called GE around 20 October 2008, from my landline number of xxxxxxxxx, to inform you of our impending move to Australia and to request payment slips so that I can pay GE from Australia. During this call, the GE Money member of staff was clearly told we were going to Australia and that member sent us the payment slips and updated the records too.

Therefore, to charge us for Counselling visit when we could not have received this visit as we were outside of the country is unfair and we ask that you refund any such charge too.

 

In recent years Courts have been happy to accept claims for unfair charges that exceed 6 years, whilst having regards

to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitations act 1980.

Should county court action be needed I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated.

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

 

Should the latter occur my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively. I trust this clarifies my position.

 

========================

 

Please let me know what you think

 

 

Ok, Sent them the LBA letter a week ago...I am getting ready for court now. Reading some threads here. Any help/pointers is much appreciated.

[Munirs]

Today I got a reply from GE, see my last post as it relates to that.

 

I followed SabreTooth's template, but somehow in their reply GE still not acknowledging that this is secured loan and thus the limitations act of 1980s is 12 years, not 6 years!

 

Here's some excerpts of their reply;;

 

"As stated in our previous response a number of the fees that you have specified were applied to your account over six years ago and therefore under the limitations cat of 1980 they are time barred."

 

However, in regards to the visit fees, they do backtrack and as a "gesture of goodwill" they offer to reverse these charges!

 

They also go on to say the matter is now closed (like they said previously!)

 

OK, can someone confirm the Limitations Act of 1980 for secured loans is definitely 12 years

 

Also, how to proceed here? go to small claims court? Thanks again everyone.

 

Just invented this : limitations cat of 1980! typos

[SabreSheep]

Next stage is to issue the N1.

 

I would write a letter thanking them for their good will gesture but the offer falls far short of your claim and you will now commence legal proceedings.

 

Use the forum to help draft your poc

[dx100uk]

specifically mention that this is a secured load and do they realise this means the limitation is 12yrs.

 

 

dx

[Munirs]

Right, just gone through an intensive busy period at work.

Now back to this.

 

 

Time to draft and send in a pre court letter.

 

 

Something that will let GE know that they must not think they can walk away Scott free.

[Munirs]

Can someone here please eyeball the following intended LBA against GE:

 

NOTICE OF INTENDED COURT PROCEEDINGS

 

Thank you for your offer you have made as a good will gesture, however this offer falls short of my claim. As I have explained, time limitations for a secured loan is 12 years.

 

Unless payment is made to myself within seven days Legal Action to recover the amount owed will be taken against you without further notice.

 

Yours sincerely

 

xx

 

Please letme have any feedbacks/ and help soon. Thanks

 

Going to send it off as is!

[dx100uk]

I believe LBA's must give 14 days.

and almost be an exact copy of your letter sent warning of this LBA sent 14 days prior to it

[Munirs]

I believe LBA's must give 14 days.

and almost be an exact copy of your letter sent warning of this LBA sent 14 days prior to it

 

I see yes that's correct I did give 14 days in my last letter, so that I now need to instigate court action against GE?

 

I take it this would be in a small court, by filling in N1. Sorry, I am trying to catch up with everything and thanks for any help.

[Munirs]

Ok, had found a N1 of course plenty of them online!

But I believe after reading few threads here that I should send yet another letter out to GE explaining that the offer isn't good enough

and that any redress should be sent to out to me and not credited to the account,

and then start a court proceedings with N1 but also something else I believe called POS

 

Therefore, my steps should be??? (please help to confirm):

1. Letter

2. POS

3.N1

 

My questions are how long before each stage should be started, and any templates for letter and/or POS please

 

Thanks

[Munirs]

Ok, updates so please help with advice..

 

I sent GE Home money lending a LBA letter on the 24th April and kept a proof of posting.

 

By my reckoning, the 14 days notice end this friday. I had a single missed call from GE so far but no correspondence nor any other calls. Normally they are like vultures with endless letters and calls to me.

 

My question is do I call them and ask them to update me on the LBA? or just sit tight and see what they do?

 

Thanks

[Munirs]

Hi All

 

I got in touch with GE, and it seems they were chasing me for payment, even though it wasn't due!!

 

About the LBA, they said nothing about it. When I told them I am going to take it to court, they only said that I was entitled to do so, and that they don't feel they have anything to defend against in court.

 

Now comes the hard part, need to take it to court. It has to be done properly I guess otherwise 1) I could fail 2) the court will not like someone unprepared going to the court!

 

I am looking at N1.

 

Any tips/advice is welcome and much appreciated...Hopefully folks here have more time now that the election mayhem is over....

[Munirs]

got a response from GE today..

 

 

.A letter that says that having looked at my case,

they would be happy to review things if any new evidence is provided

and that pending that they are deeming the case as closed.

 

 

Their original decision stays the same.

 

I don't know if this a delaying tactics or not,

 

 

but do I proceed with N1 now or should I be giving them this "new" evidence which is what?

 

Their argument is that the charges accrued are more than six years old,

 

 

yet in this case this is a secured loan which from what I understand the time limit is 12 years?

 

Any help is welcome and thanks

[dx100uk]

secured loans are def 12yrs.

 

 

dx

[Munirs]

Called GE this morning, and spoke to some one called Chris Meredith, resolution manager, and he said to me there is not section 32 © of limitations Act of 1980 and that any loan of any type can only go back 6 years.

 

That's their final answer. Even though, I pointed out to him that there is a precedent for this, i.e KLENWORTH BENSON v LINCOLN CITY COUNCIL, he catergorically said they'll only look back six years.

 

He even said that I should take them to court - cheeky mug

 

 

I am sure there is a 32© ? any pointers cheers

[Paddywack41]

I hope you folks dont mind me jumping in here with an item which is partially covered earlier on in a thread. I just want to bring it here in case it can be of use else where.

 

My partner is currently in disupute with Priestley Crowe and in helping her deal with this the following happened.....

 

Today a letter was received from Priestley Crowe addressed to my Partners ex husband at her current address. As she pays all the bills now that he has run off she opened it and low and behold it was a letter from Priestley Crowe saying that they had been appointed by the liquidators Findlay James to act on behalf of Blue Sky Personal Finance that had gone into liquidation in 2014. They said he was owed money and to fill in the application form provided.

 

Now in the other thread the discussion regarding both Findlay James and Priestley Crowe revolved around GE Finance which just so happens to be one of the creditors on my partners list. So looks like they are attempting to claim twice of the same party for the same PPI.

 

Anyhow I contact Findlay James to ask them if Priestley Crowe had been appointed by them and also to ask if this was the case why are they passing these details on to a company that charges a fee for something that can be done for free. There response by email was....

 

" We have forwarded it to a company we feel would do their best for the clients, as we don't currently have the resources to deal with all the queries. If you wish to make a claim with another company or do it yourself, you are well to do so, you do not have to use the Priestley Crowe if you don't want to. "

 

Not particularly happy with this response I replied to them as follows:

 

 

"Thank you for your prompt reply (below). Whilst I appreciate that you have confirmed that you have forwarded my details to another company, I would like to you to clarify some points:

 

1. Are Priestley Crowe officially appointed by Findlay James?

 

2. Bearing in mind I had made no claim to Blue Sky Personal Finance with regards to PPI, why was my information passed to a third party without my consent?"

 

 

There response to the 2nd email....

 

 

"I confirm that Priestley Crowe LLP (“PC”) have been appointed agents of the Liquidator pursuant to Paragraph 4 of Schedule 4 of the Insolvency Act 1986 to assist in quantifying and helping to agree all claims against the Company. As such, no consent was required from you"

 

I know very little about liquidated companies etc but my limited knowledge would suggest that a company liquidated in 2014 would have little in the way of assets to claim from therefore Findlay James are forwarding details to Priestley Crowe who are getting people to claim knowing there will be little to be awarded but Priestley Crowe are likely to charge full amounts for claiming this little back and potentially putting people in debt.

 

I am also concerned that information is being passed to Priestley Crowe without any checks...this PPI information passed to Priestley Crowe was done with no initial claim being made agains Blue Sky.

[Munirs]

Called GE this morning, and spoke to some one called Chris Meredith, resolution manager, and he said to me there is not section 32 © of limitations Act of 1980 and that any loan of any type can only go back 6 years.

 

That's their final answer. Even though, I pointed out to him that there is a precedent for this, i.e KLENWORTH BENSON v LINCOLN CITY COUNCIL, he catergorically said they'll only look back six years.

 

He even said that I should take them to court - cheeky mug

 

I am sure there is a 32© ? any pointers cheers

 

 

Hello, good folks of this forum,

can anyone point me to an online official blurb that is from an official source

that I cna quote/show to GE as I am going to call them one last time before court proceedings..

 

Please let me have this asap...Thank you so much