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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
    • A government-backed firm is looking for new ways to get people to put money aside for a "rainy day". View the full article
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Son of Steven4064 vs GE Money **WON**


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Sent S.A.R - (Subject Access Request) on 18 December - they have until 28th January to respond. Intend to reclaim charges on Burton Store Card.

 

"Once more into the breach dear friends ..."

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Prompt reposnse - GE Money sent a copy of all statements and a letter confirming 'no manual interventions' which arrived this morning.

 

Sending an Initial Request tomorrow for repayment of £372 charges plus interest at 29.9% APR giving a total of £912.05.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Just to get things right - the interest brings it to £540.05 - letter corrected before it was sent

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 2 weeks later...

Recieved a reply offering to repay £336 in charges as a good will gesture. Refusal to pay any interest though. We propse sending the following letter - any comments?

 

"Dear GE Money

 

 

 

Thank you for your letter of 12 January. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account and interest on those charges totalling £540.05 (£372.00 charges plus £168.05 interest up until the account was paid up on 10 June 2005).

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

It is my considered view that GE Money, as a multinational corporation of very high standing and repute in the business world, with the benefits of accounting expertise, in-house lawyers and/or access to top legal experts, owes a duty of care to its customers, in relation to ensuring that it is trading lawfully; and has therefore always had the resources to know that its charges were and are unreasonable, punitive in nature and therefore unlawful at Common Law. If you maintain that your charges are reasonable then it is up to you to demonstrate this by providing information on your actual costs associated with my late payments, etc.

 

If you do not, I must assume that the level of the charges are unrelated to your costs and act accordingly.

 

I aver that I mistook the charges to be lawful when I paid them, because prior to becoming aware of the OFT’s report last year I had trusted GE Money to operate lawfully. The fact that these charges are in your standard terms and conditions does not make them lawful. Rather, I believe your terms and conditions are in breach of the Unfair Terms in Consumer Contracts Regulations 1999.

 

 

On the matter of interest I would make the following point: I do not expect to borrow money free of charge but fully expect to pay interest. However, the interest I have claimed back was not levied on money I had borrowed from GE Money but on money unlawfully transferred from my account in charges. Therefore my claim stands.

 

I will give you a further 7 days to reflect on this matter after which I will send you a Letter Before Action which will give you 14 days to respond. After that I will proceed to make a claim through the Small Claims Court without any further communication.

 

I trust this clarifies my position.

 

 

 

Yours Sincerely

 

 

 

Steven4065

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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All the best bailey54. GE Money seem to respond fairly quickly. Keep us posted.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I have recently sent a SAR to GE Money for burtons, to the following address:

 

GE Money

PO Box 700

Leeds

LS99 2BD

Is this the same address, that you received your quick response from?

Good Luck with your claims.

x

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Recieved a reply offering to repay £336 in charges as a good will gesture. Refusal to pay any interest though. We propse sending the following letter - any comments?

 

"Dear GE Money

 

 

 

Thank you for your letter of 12 January. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account and interest on those charges totalling £540.05 (£372.00 charges plus £168.05 interest up until the account was paid up on 10 June 2005).

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

It is my considered view that GE Money, as a multinational corporation of very high standing and repute in the business world, with the benefits of accounting expertise, in-house lawyers and/or access to top legal experts, owes a duty of care to its customers, in relation to ensuring that it is trading lawfully; and has therefore always had the resources to know that its charges were and are unreasonable, punitive in nature and therefore unlawful at Common Law. If you maintain that your charges are reasonable then it is up to you to demonstrate this by providing information on your actual costs associated with my late payments, etc.

 

If you do not, I must assume that the level of the charges are unrelated to your costs and act accordingly.

 

I aver that I mistook the charges to be lawful when I paid them, because prior to becoming aware of the OFT’s report last year I had trusted GE Money to operate lawfully. The fact that these charges are in your standard terms and conditions does not make them lawful. Rather, I believe your terms and conditions are in breach of the Unfair Terms in Consumer Contracts Regulations 1999.

 

 

On the matter of interest I would make the following point: I do not expect to borrow money free of charge but fully expect to pay interest. However, the interest I have claimed back was not levied on money I had borrowed from GE Money but on money unlawfully transferred from my account in charges. Therefore my claim stands.

 

I will give you a further 7 days to reflect on this matter after which I will send you a Letter Before Action which will give you 14 days to respond. After that I will proceed to make a claim through the Small Claims Court without any further communication.

 

I trust this clarifies my position.

 

 

 

Yours Sincerely

 

 

 

Steven4065

 

sounds good- keep us all posted

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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QueenG, Yes that's the address we used.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Quick update - received cheque for £336 today for charges. Keeping on to get interest as well

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi Steven,

 

Im about to make my claim with GE Money for a few accounts and just wondered if you are claimaing compounded contractual interest?

 

Thanks

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Hi redsonja

 

Yes we are claiming compound contractual interest at 29.9%. Needless to say, GE Money say they are not going to pay it. We'll see about that!

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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As noted above they have already sent a cheque for the charges (minus a couple of estimated ones because they couldn't find some statements - seems to be a common problem, looking at other threads relating to GE Money). In our reply, we accepted this as a partial settlement but said:

 

"On the matter of interest I would make the following point: I do not expect to borrow money free of charge but fully expect to pay interest. However, the interest I have claimed back was not levied on money I had borrowed from GE Money but on money unlawfully transferred from my account in charges. Therefore my claim stands"

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks for the quick response. I shall use 29.9% too.

Good paragraph to put in. I shall make sure I make a comment like that.

 

It appears that most people now offer the full charges but wont offer the interest with it. I have had full charges offer from Morgan Stanley but they wont pay the interest. I have told them I will still pursue for the interest too.

 

I shall watch your thread with interest (excuse the pun ;-) )

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Does idiocy know no bounds?

 

Today we received a statement of account from Burtons:

 

Balance brought forward 0.00

Customer cheque refund 336.00

Decrease Balance adjustment 336.00CR

 

Minimum payment 0.00

 

And then

 

Viking Collection Services Ltd have been instructed to collect this debt

 

Duh!

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Another letter from GE Money offering to pay the £36 estimated charges as well as the £336 they have already paid but reiterating the fact that 'no interest will be removed'.

 

Soooo, LBA at the end of the week when SoSteve4064 gets back.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Cheque for £36 received today, LBA going on Monday.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hve today received statements and letter from GE, letter states they have problems with their statement retrieval system and list 10 statements that are missing. Any thoughts on this? How do I estimate any charges there may be on the missing ones?

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Hi Bailey,

 

Are there consecutive statements missing or have you got the ones either side of the missing ones?

If you have, then by checking the closing and opening balances of the 2 you have either side and minusing the interest, it should work out roughly whether you had any charges. Thats what I did with my partners had he had a few missing but luckily I was able to work it out.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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We only had one missing and two either side had the same charges so we just assumed that the missing one had the same charges on it.

 

From other threads it seems that GE Money do have a problem.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Got a "get lost" letter from GE money this morning. So it's on to court - got the N1 from the local county court this morning. Our situation is slightly odd in that GE Money have already paid back the charges, but are refusing to pay back the interest on those charges. I have modified the 'standard' Particulars of Claim to fit. Does the assembled intellect, experience and general wisdom of the site have any comment? Here they are:

 

Brief particulars of claim:

 

Repayment of interest on amounts charged by the defendant to the claimant for purported breaches of a contract to supply credit services in contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

The Claimant claims:

a) the return of the interest of £168.05 charged on amounts debited in respect of charges in the sum of £372.00

b) Court costs

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges from 10 June 2005 to 02 February of £22.55 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

 

Full particulars:

 

IN THE TOYTOWN COUNTY COURT

 

BETWEEN

 

SoS4064 CLAIMANT

 

And

 

GE Capital Bank Limited, trading as GE Money DEFENDANT

 

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account number xxxxxxxx, ("the Account") with the Defendant which was opened on or around 31st May 2002.

 

2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim but it should be noted that the charges have been repaid to the Claimant by the Defendant.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and

iii) the common law relating to liquidated damages and penalties in contracts.

 

5. To the extent that it is found that the Defendant’s charges are for the provision of credit services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982.

 

6. Accordingly the Claimant claims:

 

a) the return of the interest of £168.05 (one hundred and sixty-eight Pounds Sterling and five pence) debited to the Claimant’s account in respect of charges in the sum of £372 (threee hundred and seventy-two Pounds Sterling) detailed in the attached Schedule.;

 

b) Court costs;

 

c) administrative costs and other costs incurred in the course of researching and preparing the claim;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

Steven

 

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Just a couple of notes in clarification on the above post:

 

1. The account was openend in May/June 2002 (I'll fill in the exact date before sending in the form)

 

2. On 10 June 2005 we paid off the ballance of the account (the amount was almost exactly what we claimed in charges and interest - at 29.9%)

 

3. So, we are claiming a fixed sum of charges plus the total interest charged at 29.9% as of 10 June 2005.

 

4. In the court claim I am adding 8% to that 10 June balance up until today and then up to judgement.

Steven

 

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My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

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Hi, Steven

 

Let's have a look at this, then.

 

Got a "get lost" letter from GE money this morning. So it's on to court - got the N1 from the local county court this morning. Our situation is slightly odd in that GE Money have already paid back the charges, but are refusing to pay back the interest on those charges. I have modified the 'standard' Particulars of Claim to fit. Does the assembled intellect, experience and general wisdom of the site have any comment? Here they are:

 

Brief particulars of claim:

 

Repayment of interest on amounts charged by the defendant and debited to an account with the claimant for purported breaches of a contract to supply credit services. The claimant avers that these charges and the interest thereon were levied against him in contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

The Claimant claims:

a) the return of the interest of £168.05 charged on amounts debited in respect of charges in the sum of £372.00

b) Court costs

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges from 10 June 2005 to 02 February of £22.55 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

 

Full particulars:

 

IN THE TOYTOWN COUNTY COURT

 

BETWEEN

 

SoS4064 CLAIMANT

 

And

 

GE Capital Bank Limited, trading as GE Money DEFENDANT

 

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account number xxxxxxxx, ("the Account") with the Defendant which was opened on or around 31st May 2002.

 

2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim DELETE from here. but it should be noted that the charges have been repaid to the Claimant by the Defendant. TO HERE

 

4. The Claimant contends that:

 

a) The charges debited to the Account were punitive in nature; were not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and

iii) the common law relating to liquidated damages and penalties in contracts.

 

5. To the extent that it is found that the Defendant’s charges are for the provision of credit services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982.

 

6. The defendant had, in addition, levied interest on these charges at the rate of XX.XX%.

 

7. The defendant has repaid the charges themselves to the Claimant but has retained the interest it levied thereon.

 

8. The Claimant avers that, by this action, the Defendant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem.

9. Accordingly the Claimant claims:

 

a) the return of the interest of £168.05 (one hundred and sixty-eight Pounds Sterling and five pence) debited to the Claimant’s account in respect of interest on charges detailed in the attached schedule, in the sum of £372 (threee hundred and seventy-two Pounds Sterling);

 

b) Court costs;

 

c) administrative costs and other costs incurred in the course of researching and preparing the claim; Can't do this - small claims procedure doesn't allow costs other than court costs. Delete and renumber.

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

I think the amendments detailed above help to focus in on the interest and may make a case that's hard to answer. There are some other points made in another thread that I was looking at last night - can't remember which one, but I think it was either GaryH or Glen who made them. Check their posts.

 

 

Hope that helps.

 

best wishes

 

Westy

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Westy

 

 

 

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What can you claim? Vampiress has a good idea:

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Thanks Westy, that's really helpful. I got myself a bit confused trying to focus on the interest - your changes have sorted that.

 

Claim going in tomorrow.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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The LBA gave GE Money until 12th February to respond before we submitted a claim in the County Court. However, they replies to the LBA immediately telling us to get lost.

 

Should we wait until 12th February before taking the claim to court or should we just go ahead now as GE Money have made themselves clear?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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