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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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surrey_36

GE now Kensington Int Only Mortgage - trouble paying..lots of fees

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I wonder if someone can help me

- Ive got a interest only mortgage with GE MONEY which has been in arrears but OK now.

 

Over last few years have had a few payment arrangements with them and as a result they have added lots of £40.00 admin fees.

I think these add to over £2500 throughout my hardship.

I just wanted to check that was all above board, seems a bit harsh in times of hardship that they actually made more money out of me.

 

Any advice as always is appeciated!:-)

Edited by dx100uk
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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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This is interesting thank you Ive read right through it but not sure what the next step should be and if county court would see these as unfair charges, thanks foir your help 42man

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In the first instance you should tot up all the 'admin' and various penalties, and write a formal letter asking for a refund....at least if you aren't happy you should give them the chance to rectify.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Thanks 42man thats great,

 

Im not sure that I have got all the letters still with the notifications of admin charges

 

should i write to them and ask them for a statement of account since i started the mortgage?

 

Would that be the right thing to do?

 

thanks for your help!

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A good place to start would be a SAR....(unless of course you already have FULL statements from them)


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Can anyone advise me how i go about working out how much i should be claiming back from GE money

- ive had lots of £40.00 admin charges for late payments going back to 2004.

 

Ive got a reply to the SAR request but Im not sure if i should be including interest and if so how much interest as its an interest only mortgage which the amount/rate has varied over the last few years

 

- cheers for any help out there!

Edited by dx100uk
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The process is exactly the same as your Very/NDR charges reclaim

 

Here is the spreadsheet to use.

 

CISheet v101.xls

 

The interest rate should be at least the rate they are charging you on the account


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thansk ims21 you have been helping me lots this eve!

How does the interest work if back in 2004 it was 7.45% but more recently its 2.45 % - how do i work that with the compund interest calculator?

THANKYOU V V V MUCH

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You can take an average of the rate being charged over the period of time.


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OK great thanks Ims21 - im feel slightly nervous about doing this as I had a suspended repossesion order on the house when i had to go to court some years ago, I suppose im worried i might annoy them and they might try and take the house away from me if i start demanding charges back. Is this something i should not be worrying about?

 

Is there a template letter on here that i can use for them?

 

CHEERS IMS21

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It's your call.

 

Before you make a decision have a read of the stickies in this forum.


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Read Here

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Read Here

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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:-)Thanks again ims21 - how do i get back to the stickies to read up?

I cant seem to get to them

 

Also how do i go about clicking your star?

 

cheers

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Here you go

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?171-Mortgages-and-Secured-Loans

 

The top threads all have the word "Sticky" in front of them.

 

Star is at the bottom left of each post (next to the black triangle with the ! in it :-)

  • Confused 1

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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Got it thanks ims i didnt know about the star thing!

I have donated whenever i have had help but ill have to go back and add stars now! :)

 

Ive been having a read through the stickies this afternoon and found that I am certain the charges they have made have been unfair and also that perhaps they were a little hasty in taking me to court.

 

I dont know much about a suspended reposession order but do they only last for a certain amount of time

- would it have expired by now or do they last for as long as the mortgage term? I

think the court case took place around 5 years ago.

There doesnt seem to be any paperwork relating to the court case/repossesion order in the SAR.

 

Im just worrying that if i start rocking the boat they might decide to proceed with the order or something like that.

 

So far i have added up about £2500.00 worth of arrears admin charges.

 

Cheers

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The SPO (Suspended Possession Order) remains in place until you have completed the order made by the court. After that you can apply for the SPO to be removed. Much depends on what the SPO was granted for, what the terms were that the court set and whether you have kept to or completed the order made by the court.


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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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do you think i should try and find out a bit more about this before i go ahead with trying to reclaim any charges?!

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Have you not got copies of the documents relating to the court repo hearing i.e. a copy of the court's order?


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How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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Yes I have - after much digging have found the attached court order.

 

Any advice you can give on this would be appreciated!

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OK so you have not been repossessed then.

 

Have you kept up to date with the order of the court and/or are all of the arrears now paid off?


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How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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Thanks ims21.

No was not repossessed I kept up with repayment plAn on the order.

 

I have got into arrears since then being sometimes a month behind payments but am currently up to date.

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Ive just got a letter from GE Money saying;

 

"Following a review of your account your monthgly instalment has increased to 393.73 with effect from 30th december 2012.

We have made this change to include repayment of your fee balance of 2436.63.

Should all payments be received, these fees will be paid over the remaining term of your loan.

If your account is up to date you have the option of making additional payments towards the balance of fees and charges or to clear them completely if you wish". etc

 

Just wondering what i should do if anything, not sure what to do next!:???:

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Hi ims21,

I was just wondering if you could possibly point me in the right direction with this,

I dont know whether i should be issuing a claim to them or not,

I dont want to rub them up the wrong way.

 

Im out of arrears and up to date with payments currently,

I received a letter from them recently advising me of the increase in my monthly installment to include repayment of all the admin charges

- but if they have charged me wrongly then i guess it would be good to see some money back !

 

can anyone help thank you

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Hi

 

Sorry you were missed.

 

So have you completed your spreadsheet?

 

Your first step would be to approach GE with a request for a refund of the charges and the associated interest.

 

Here is a template letter you can adapt for this purpose


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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thats brilliant thanks im21 will do that exactly,

cheers again,

 

will donate to site today the help is greatly appreciated and a massive help

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