Me v GE Money (Formally I Group)** Settled **

[FairlyNiceChap]

Bump

[zootscoot]

HI D5Tweddle,

 

Can you post exactly what it says on your order regarding the CMC.

[Bona]

Don't panick I have a case conferance on the day before, just remember this ,if you dont' go you will not know what was said, it is not the trial it is a hearing to decide what way to go you can ask for the other side to give you information this is disclousure they can ask the same of you The DJ will decide what is best for both parties.

If they come up with an application for example they might say that your case and has no merit and it should be struck out , ( probally wont but best be prepared) you need to tell the judge this is the first you have heard of this and you need to take advice this should buy you some time, mention your human rights you have certain rights. They may try to settle outside the court what ever they offer it wont be what they expect you to accept say you want 5000 they may offer 2000 you say 4000 they say 3000 you agree in between,

If you dont go they will assume you do not feel you have a good case , Just remember it is only a case conference not the trial

I can only say what has happened in my experience which is not great but those tactic have helped me in the past I hope they help you

I will contact you again after my case conference if you want to tell you how it went

bona

[:Boy:]

Hello,

 

Sorry I have not got back to you, I work for the Railway and we have had a busy week!!

 

The CMC letter that I have had from the Court states:

 

Take notice that the CMC will take place on: 24th January 2007 at 10am at Shrewsbury CC...

 

When you should attend

 

30 minutes has been allowed for the CMC.

 

Please note this case may be released to another judge, possibly at a different Court.

 

This is all I recieved in the post.

 

Bona, thanks for your advice, It is appreciated. I am nervous, which is expected, and they (GE Money) have shafted me out of this money (which is not alot, but alot to me) but also (I know before you groan, that we were fools to have taken out another mortgage with them) they are shafting us left right and centre on our current mortgage (to get out of our current mortgage they want £10100!) so, I want a bit of justice.

 

I will look forward to your post for your CMC on Tuesday. I am off work on Tuesday (hoorahh) so I will keep a look out for you on the site.

 

Again thanks for your help Zoot, and I look forward to updating you all and hearing your responses.

 

David

[zootscoot]

If they've not specifically requested the claim is struck out I would have thought that it wouldn't be.

 

The CMC is probably going to be about allocation. There are some arguments to use in the mortgage FAQs at the top of this forum for use in alocation hearings. They are requesting multi track although you wish to stay small claims. In the event that they do multi track request that no order of costs is made against you.

 

They also mention that it is to sort out directions which is things such as dates for complying with disclosure and filing of evidence.

 

All the best

 

Zoot

[:Boy:]

Thanks for that.

 

Getting prepared for my big day tomorrow now!.

 

Best regards

[dogwash]

Good Luck for tomorrow. I will be thinking of you.

[mullingarman]

Good luck tomorrow.

[sammyjammy]

Good luck, we'll all be thinking of you.

 

Sam

[paulpb123]

All the very best for tomorrow.

[:Boy:]

Thanks for everyones support, it is appreciated.

 

Brgds

[Bona]

Hi

Just got back from directions hearing all went well the DJ said he wasnt there to decide who was right and who was wrong just to make a time table of does what. We asked for extra time on one poin whaich he gave us When we didnt understand we asked saying we didnt understand what he meant all was very friendly the othersid had a Barrister but we dicided if we didnt tlak to him he could brow beat us so thats what we did , I cant say I enjoyed it but it certainly was worth all the worry hope yours goes allright

 

Bona

[:Boy:]

Well done, mine tommorow, not really looking forward to it!

 

Did you go through any paperwork?

 

How long did it last?

 

Did you know they were bringing a Barrister?

 

Look forward to your reply.

 

Best regards

[Bona]

No we did not go through any paper work

 

it was listed for half an hour and took about 25mins

 

No but we guessed they would I asked him where he came from so later we could establish that there were nearer chambers and his costs should therefore be proportinate (sorry cant spell) Honest I dont think you need worry dont get drawn into auguments and just answer questions the Judge asked if you dont know say and if they try anything odd ask for time to get advice, The DJ asked us if we got advice we said yes of the Depatment oc Constional Affairs Web site and The Internet he said watch the internet any one can post anything but I think we all know that but I have to say information I have gleened from this site is helping also the fact that we are not alone helps.

[:Boy:]

Thanks for that. I am just trying to work out what to take with me (in terms of paperwork/documents) but now you have said this, I will just take myself (in a suit).

 

Can you remember what type of questions were asked from both sides?

 

Thanks again for your help.

[Bona]

No take your paperwork just in case be prepared and look smart shirt tie and jumper dont look like a solicitor my hubby work a jumper strousers etc I would like to think we looked smart but not profesional , have to go and teach a load of kids will look at this sight when I get back

Bona

[dolly]

Bona - it would definitely be worth you starting your own thread as people might miss your case on this one.

[Bona]

Sorry forgot something as i was rushing out

 

Listen very carfully to what is being said, the judge might drop you a hint of help. listen to both sides what he says to you, and them take notes. He qestioned the other side on were they going to call an expert they said no he said yes i supose the xxxxxxx case will fall at that point if they cant prove it, in other words I think he was telling us we need to prove what we were saying by others not just our say so (( we can) I think the Judge might have been doing that with Morgy and she's got to get a transcript because she cant remeber and Oh I dont blame her we have come out not knowing what was said so listen and ask if you dont understand too many of us get overawed by the proceedings and miss things

what time is your case and I will be thinking of you

 

Bona

[zootscoot]

Good luck!

[dolly]

Just a bump for luck.

 

Got everything crossed for you.

[:Boy:]

Well, what can I say. A fun morning I had, remind me to do that again!.

 

Well I was nervous to say the least. I met the Barrister (nice chap) in the waiting area and we had a little chat. He told me what he was going to say, and told me not to be nervous. I asked him if he came from Eversheds in Cardiff and he stated that he was a Barrister, and that they have asked him to represent GE Money (he said that this was cost effective instead of a Soliciter as a Barrister charges a set fee).

 

Fair play to the chap in front of the DJ, he did do everything he said he would. So I will list what was said and done.

 

Barrister (B): Strike out the claim, as it is GE Money Mortgages not GE Money servicing LTD (he gave a copy of the Companies house list to prove this to the DJ) and that I am sueing the wrong person. Also that this should stay on the small claims track and not the multi track, and also that GE Money will not be calling any witnesses.

 

District Judge (DJ): Are we OK just to change this over (GE Money mortgages) to save time. OK for it to stay on Small claims, I was going to advise that. Not surprised that they have changed their mind on the witnesses

 

B: Yes

 

DJ: Am I OK with this, and do I understand fully that I have the wrong company?

 

Me: yes

 

DJ: (to B) are you aware that there is a huge amount of claims against Banks and finance companies for 'alleged' charges and that not one has come to court as they have all settled?

 

B: yes I am aware of this.

 

DJ: This is an unusual case, as it deals with a Mortgage company. Please tell me that GE Money are not going to settle at the last minute and waste the courts time?

 

B: To my knowledge they are going to defend all of this.

 

DJ: There is a huge cost implication here to GE Money for a small claim.

 

B: They are aware of this.

 

DJ: For the Court bundle I would like standard disclosure of the charges, and this to be done in 14 days, no say 28 days?

 

B: ummm I think it will take a little longer than that.

 

DJ: 28 days is ample time, or you OK with this (me)?

 

Me: yes that fine.

 

Anyway, from here they discuss dates, skeleton documents etc etc. I really did not say much apart from 'Thank you sir' with a large smile on my face, especially about the disclosure. The Barrister did not want this, as it is more paperwork.

 

When we left I said to the Barrister that I hope GE Money settle, he said that this would be a good idea. (I am sueing for £1353.12 plus costs, just think what the costs are going to amount to now!)

 

He stated to me that if I need help for the bundle and other info to ask the court staff, but I think he justs thinks that this is a waste of time and they should pay up, nice chap though.

 

So a fun morning, sh*ting myself, but fun.

 

Any questions fire away!

[paulpb123]

Well done for remembering all that David. Sounds like you did really well. I'm pleased to hear that even the barrister thought they should settle! What costs can you now claim apart from the fees you've paid?

[Bona]

Great result mate lets see what happens

[dolly]

That is great news, especially if the barrister recommends that they settle Fingers crossed!

[:Boy:]

I am claiming:

 

£1353.12 ERC

£120.00 Court fee

£100.00 AQ fee

£129.49 Interest on the ERC

 

I think I added postage costs of around £7, can't remember.

 

I am not bothered if they sent a cheque or credited it to our mortgage, as we are a couple of months in arrears anyway, and this is exactly where it would go.

 

Looking forward to the post now though!