Son of Steven4064 vs GE Money **WON**

[natwesttookmymoney]

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

[natwesttookmymoney]

Yes, because they could always change their minds. Follow your timetable, don't be distracted.

 

Westy

[natwesttookmymoney]

Excellent, Bailey

 

Many Congratulations!

 

Don't spend it all at once!

 

Westy