Online Finance Have Given me an admission of being Unlawful ;-)

[progenic7]

Hi all,

 

i have been bouncing a few emails to and from head of legal team at Online finance, and in his last email, he tells me that if i do take online finance to court "the charges" will be admitted in the defence, but all other claims will be vehemantly defended. ie CI, costs, damages ect

 

i have sent him one back asking for full clarification on this matter, and whether or not this is a first for them.

 

he made it quite plain they have no argument with the charges at all, and very quickly offered them back to me.

 

Are some of the banks, card companies, finance companies changing tack now in court ?

 

are we to see a new type of defence applied in court ?

 

i can see the reasoning behind it, ie admit the charges and leave the claimant to argue CI, LA, Damages, Costs ect

 

still looking forward to fridays court case though

[progenic7]

so no body has nothing to say about this ?

 

considering that to date it has not been openly admitted before !

[PhantomReclaimer]

Err, this sounds like judicial suicide on the part of OF to me!

 

If they are just going to go ahead and admit that the charges are unlawful (which they have done, it would seem) then they logically wouldn't have a leg to stand on as regards, costs, interest, damages, etc. Or, at least, it would seriously undermine their defence because once they'd admitted the charges were unlawful, and that they had no right to them, then it's almost a given that you should be allowed to recover all your losses which flow directly from those unlawful acts and that the person making the charges should be denied from profiting from his unlawful act.

 

P.

[progenic7]

heres the email Daniel Baker (head of legal) at Online sent me

well i guess we will have to wait and see whether or not they do admit the charges or not.

 

Mr Progenic7,

As I have previously mentioned you are quoting points of law that have no bearing at this stage, and you are further complicating the matter by doing so. Therefore I have not addressed these points as I do no see any benefit in doing so. Up to this point you have simply referred to law you have found in books and on the internet, much of which is irrelevant. By doing this you have failed to address the basics of your claim.

The matter is simple one.

1. If you do not agree with the charges that we say we have charged then please provide me with evidence of payment of any charges that we have not admitted to.

2. What figure have we overcharged you and how? You have been vague, I quote ''which is either from an error in accounting or in interest paid on unlawful charges, either way its an error that needs correcting''' which is it and why does it need correcting?

If you cannot provide sufficient proof of these two points then your claim will fail - it is that simple.

In addition, we are not simply trying to rebut your claim here as a tactic, we are looking to settle this matter correctly. If you decide to issue this claim then we will submit a part admission for the monies we have admitted and any further claims will be vehemently defended.

Neither party involved in a dispute wishes to have to go to a full hearing, however we will not pay any monies to you which you are not due.

I think it would be benificial if we spoke about this on the telephone, and would be grateful if you would call me, as I do not have a contact number for you.

Kind Regards

Dan Baker

Legal Dept.

GMAC (UK) Finance

+44 (0)870 2411122 ext 2082

+44 (0)870 242 2204

www.gmacfs.co.uk

BTW he changed his tune slightly when i told my dad is a Law lecturer and a magistrate and a partner in my business is a solicitor, and much of the info came from them and not the tinternet

 

[HydraUK]

Make sure you record that phone call when it happens, though, huh?

[progenic7]

hydra

 

yeah will do but i have been deliberately avoiding the phone call because for one i dont really want to go into on the phone and two i have the flu at the minute so im not at my best.

 

i think its a small victory though, atleast on the point of admission (not that it would ever happen though)