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FairlyNiceChap

FNC vs GE Money ERC No.1

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Hi all,

 

I had a mortgage with C&G who seemed "fairlynicechaps" until I missed some payments. I eventually went to GE Money remortgaged and consolidated some debt - I have not been late paying since - MY C&G ERC and PCs were big, but not as huge as the GE Money - GEMoney ERC Remortgage that followed, Yes I paid ERC and Completion Costs and broker fee and legal costs even though they were releasing the old mortgage from themselves and picking up the new mortgage for themselves.

 

I have now been offered a sensible no release fee mortgage from elsewhere and intend to pay a third ERC to allow me to remortgage. So I will start with the first two and then go onto the last once remortgage complete.

 

From my limited (so far) understanding step 1 = SARS then go for it

 

ERC 1 + Penalties = small claim

 

ERC 2 + Huge Penalties = big claim (so I think I have a decison to make on which allocation Track aka under which disclosure and costs model to go on - must read some more)

ERC 3 will be small claim but not till I am out of their clutches

 

Having done these I may go for the PPI mis-sold and horrid penalties that triggered off the whole mess but they are nearly 6 years and relatively small so I will see how long this first lot takes.

 

BTW I am here until I get 100% back or lose all the court cases and will not settle or negotiate as a matter of principal - I have been lucky with finances improving a bit so I want them to take me to court - I want to bring them down and help all the little guys (& gals) especially those daunted by the appauling legalese and frightening process.

 

Look forward to working with you all

 

Cheers FNC


http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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Welcome to the mortgages forum FNC. If you know the amount of the ERC then just get stuck in with the prelim (see Zoot's sticky above). All the best,

Paul

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Hi FNC,

 

Good Luck we are making progress with these - there are a few GE money threads so have a read so you know what to expect!


Consumer Health Forums - where you can discuss any health or relationship matters.

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Signature Test


http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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OK GE Money have cashed my S.A.R - (Subject Access Request) fee on 2/1/2007 on the first ERC which i will use this thread for.

 

I am being patient for the SAR even though I know the ERC amount because there were a whole bunch of other silly fees that need claiming and with compound contractual interest of 9.99 % these will add up to a nice tidy sum

 

I will open other threads for the other actions

 

Hoping / think it will add up to around £6K or so we shall see


http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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Hi there,

welcome to the forum, (love the user name)


Barclays Bank

13/9/06 - ACCEPTED HALF ON BOTH A/Cs

HSBC

21/10/06 - SETTLED IN FULL

Preferred Mortgages

11/8/06 - prelim let sent - redemption fee

12/07 - case dropped

Halifax B/S

2/07 settled in full

Halifax visa card

MCOL due

Citicards & Hillesden

2/07 Data Protection Act & CCA let sent

3/07 Prelim let sent

4/07 LBA sent

Barclaycard

04/07 offer received for 1/3 - refused

Argos Card services

Half offered - refused

PPI Claims:

8/12 MBNA Loan settled in full

7/12 Barclayloan settled in full

9/12 Liverpool Victoria settled in full

7/12 Barclaycard claim rejected

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Welcome and good luck, I will follow your case with interest as I am claiming a ERC from GE Money as well.


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Good luck FNC!

 

With regards to the signature it only works if your post over 100 words .... unless you're a mod or a pinkie!

 

all the best

 

Zoot

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Hi readers,

 

I am wondering about exemplary damages

 

http://www.lawcom.gov.uk/docs/lc247.pdf

 

Summarises current law in section 4

Categories test for exemplary damages - wrongful conduct which has been calculated by the defendant to make a profit for himself which may well exceed the compensation payable to the plaintiff

 

The second difference is that exemplary damages may be awarded even though they exceed the amount of the gain made by the tortfeasor. The effective pursuit of punishment may require awards of exemplary damages to exceed the restitutionary measure: they are concerned with punishment and not simply with stripping away the fruits of the defendant’s wrongdoing. As Lord Diplock said in

Broome v Cassell,

To restrict the damages recoverable to the actual gain made by the

defendant if it exceeded the loss caused to the plaintiff, would leave a

defendant contemplating an unlawful act with the certainty that he had nothing to lose to balance against the chance that the plaintiff might never sue him or, if he did, might fail in the hazards of litigation.

 

It is only if there is a prospect that the damages may exceed the defendant’s gain that the social purpose of this category is achieved - to teach a wrong-doer that tort does not pay

This last sentence seems to be just what we want

 

ZootScoot asked in another thread (which I had rudely hijacked sorry)

 

So what tort would you be raising?

 

Would you be happy to pay the maximum court fee?

 

Would you be happy to be multi tracked and expose yourself to unlimited liability in costs?

 

In answering these my start point is below but would welcome thoughts regarding the following

Disclaw Publishing - Employment Law, unfair dismissal, redundancy pay

gives a

 

BASIC POSITION

 

Under UK law, exemplary damages (sometimes also called "punitive damages", "punitive award" or "penal damages" or "penal award"), can be awarded only if permitted by statute or if the conditions of what is called the "categories test" are fulfilled. The categories test requires that:-
  • the wrongdoer has committed a legal wrong of a type for which punitive damages were awarded before 1964 (thus ruling out punitive damages in all cases under the sex, race, disability and other anti-discrimination legislation, all of which is post-1970); and
  • the wrongdoer's conduct was an abuse of power by public servants or was motivated by calculated profit seeking or has affected a large number of people who have made claims to be made in respect of it.

In response to Zoot

So the tort has to be a legal wrong for which legal damages have been awarded pre 1964

 

I guess there has to be loads of case law on misappropriation of funds or failure in fiduciary duty or whatever - no idea I would need help to research a suitable case

 

The second point is I think we have covered in spades (calculation, profit motive are clear following OFT statements and has affected a large number of people)

 

Higher Court fee will I hope be covered by one of the earlier smaller PCs I am claiming (will have to see) - but I want to get these blighters into court somehow, and this claim will be substantially above £5k anyway (maybe I could argue for cost limitation vs large corporation due to nature of exemplary claim) whats the procedure here-

 

Unlimited costs eeek - but someone sometime has to put neck on the block or this could go on ad infinitem - all it takes for evil etc etc (they dont have debtors prison now do they :)

 

This means I am possibly exposed to costs if I lose so I am wondering if I can claim Exemplary damages of a very small amount say £10, or in the alternative a figure to be determined by the court. (its not that I want the money of the exemplary damages, but it could be a strong campaigning tool)

 

NOW Either I win the Exemplary claim, they settle exemplary damages out of court ???, or I lose in court - but hopefully then I can at least establish precedent on the unlawful charge count

 

As I see it all three possible outcomes open the flood gates totally - unless we are wrong on unlawful charges which is I understand is exactly the purpose of exemplary damages

 

the third hurts me a lot (however small the claim open the flood gates - ) - A loss - "He who dares - is probably an idiot" - I would need to understand the issues and risks (and probably stump up for some legal support to have any chance at this - but what better a thing to do on a tuesday afternoon)

 

As Lord Diplock says

 

It is only if there is a prospect that the damages may exceed the defendant’s gain that the social purpose of this category is achieved - to teach a wrong-doer that tort does not pay


http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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