Further to my previous post, and still looking for a bit of advice. Looking through the mass of paperwork that I received from RBoS, a notice was issued on 10th April 2006 demanding repayment of my overdraft, and on 11th April a Default Notice fee of £30 was debited from my account. However, following this I took action through the Court to reclaim bank charges and was successful in recovering these. At no time during this affair did the bank make any attempt to close the account. In fact, the account has remained open and functional up to the present, with the same overdraft facility in place. Given this, should my account actually have a default registered against it? According to a recent credit report obtained whilst in the process of applying for a mortgage it still has. Any advice gratefully received.

Hi all. I thought that I had put all of the problems with this mob behind me, but something else has surfaced. A mortgage broker has recently been looking into a remortgage for me and did a routine credit check. This threw up two adverse entries: a CCJ which has probably been satisfied, and a Default from the RBoS in 2006. This dates back to when I was in dispute with them over bank charges and things got a little hard nosed. However, I'm sure that I responded to their threat of defaulting me with an S10 (?), and from memory they retracted. I won my bank charges back from them, but they rather pettily withdrew my Highline card (Debit/guarantee), making the account virtually useless. This is the thing: the account is still operational, so isn't it a bit odd that a Default has been served on it? Any advice on how to proceed or a pointer to a thread that has dealt with a similar situation would be appreciated.

I've been away for a few days and seem to have arrived back into the middle of a nightmare!. Jaxads, the £40 admin charge seems to me, and this is only my opinion, a penalty pure and simple. as a consequence I claimed them back. Maybelline, if you have a printed statement from GE the interest on 'disbursements' (ie any administration costs related to arrears, as they put it) will be listed as item 4004 or show as 'additional interest'. Hope this is of help to you both. My claim is a combined one, encompassing an ERC and a combination of various additional charges. As it stands it appears that the ERC claim is likely to fail, but I think that the other part of the claim is still sustainable. Any advice welcome at this juncture.

Had a quick look through my statement. I did post this before, but I think it's worth posting again. the penalty charges that I identified were: 4004 Additional interest (variable, charged on the penalties applied) 4111 Returned payment charge £20 4246 Direct debit recall charge £20 4444 Income on early settlement (the ERC - now comes with a health warning :o ) 8037 Administration fee £40

Hi Maybelline. I'm sure that you have to claim against GE Money Home Lending Ltd (I did) who will then promptly deny that you ever had a contract with them, as your mortgage was probably with GE Mortgages Ltd ( or I Group ). However, they will then defend themselves regardless. There are all sorts of penalty charges levied btw, which I am sure you have been made aware of.

Similarly I will be pleased to assist.

I too got a copy of the AQ from Eversheds with a request for a copy of mine. Didnt keep a copy, just sent the form to the court, who will presumably send one on to them. As with Grapes, they are happy for it to be in the Small Claims Track. Will be calling one witness, and thats it.

If you are in England just use your local branch in the first instance. It seems to be perfectly OK. They forward all of the mail to Customer Relations in the end and it is deeply satisfying to think about your letters landing in the branch's letterbox.

AQ and defence to counterclaim posted into court today. Deadline tomorrow. Now I'll have to wait and see what Evershed's/GE Money have come up with.

Thanks all three of you for the replies. Zoot, thanks particularly for that, I have a feeling that you are very busy at the moment, but ' you need to get some sleep as well!

I have to return my AQ and defend the counterclaim that GE have issued by 29th January. Any thoughts on this, following the recent developments on another thread are appreciated. I appreciate that Zoot has her hands rather full at the moment, so what do the others persueing GE Money think? A standard defence is posted on the forum, and I would think that keeping the claim in the small claims track is an imperative.

Thanks for that Sammyjammy. I am not at the stage where I might need a similar letter yet, but its handy to be able to refer to it. Peed 'orf, GE Money's in house solicitors are Bernard Elliston and Sandler, but I cannot remember off hand whether they dealt with setting up the mortgage. They are soon on the case if you get into difficulties though!

Congratulations! Isn't it nice when the boots on the other foot for a change. Wish I had known about all of this when I got hauled into a repo hearing a couple of years ago.

Certainly do! I have seen a few posts about MAS6, but this lot were definately MAS2, they changed their name to that while I had my mortgage with them. have a feeling that they might have been a subsidiary of Brittania, offering sub-prime mortgages. Trying to find some documentation about them, it's all home here somewhere....

Nearly made a fool of myself by not paying attention to the AQ when it arrived - had a few other things on my mind. Thanks for all the advice received. AQ has to be returned by 29th Jan, so I'll be sorting out a suitable defence now. Sammy, what was the tone of letter did you wrte to the court to get the CMC thrown out? Just a thought in case mine goes the same way. I hadn't had any dealings with eversheds up to this point, just GE's in-house mob, Bernard Elliston, Sandler

Anyone else had any dealings with this company? I am thinking of going after them at some point and would be pleased to compare notes.

Thanks Zoot. I was reading the 'Harsh Letter...' thread re. Kensington and had rather rapidly come to this conclusion, but I appreciate the heads up. Grapes, PM sent to you regarding this.

My AQ arrived on saturday, so i will get on to it, and in the absence of any advice to the contrary, allow a postponement so that GE get time to make an offer, should they so wish. Regarding the counterclaim, I personally don't think that they would want to go to court to argue this through, but you never know. Not the nicest bunch of operators I have ever dealt with, glad I'm out of their grasp now.

Defence received today. It runs to 13 pages, so posting it would be a bit of a burden and take up rather a lot of forum space. A brief syonpsis is as follows: Firstly, the usual 'inadequately pleaded and largely unparticularised' which I think has been dealt with before. A denial that any contractual relationship exists. This is due to the mortgage being with I Group Mortgages (afterwards GE Money Mortgages Ltd) and my claim, correctly I believe is against GE Money Home Lending Ltd. Then many pages quoting contractual provisions regarding charges and interest. They do argue in one paragraph that the charges levied were as a result of a breach of the mortgage agreement, but that they were the price agrred for related services provided by the defendant. In the next paragraph they attempt to cover their arses by argueing that if the charges come within the scope of the law on penalties then they are in actual fact a genuine pre-estimate of the cost involved. Also a lengthy arguement as to why the ERC is fair and reasonable. Threat at the end to attempt to recover costs or losses incurred, which may exceed the value of my claim, together with a counterclaim. Any of this sound familiar? All advice welcome, and I will be attempting to produce an OCR file of this minor epic if I can ever get the software running.

Thanks Hadenough. I had not seen that thread before. I think that the difference between what went on in that hearing and what I propose is that mine is compounded contractual interest on the basis of reciprocity, wheras Hadyn's claim had an element of estimated interest in it. The figure that I have used for calculating contractual interest is a published one. I had another chat with Customer relations at the RBoS today, to find out why there had still been no reponse from them. the chap that I spoke to seemed quite surprised that I hadn't yet gone down the court route. Almost seems like an invitation. Not sure whether they are now totally snowed under, or seeing how far they can push people.

Having got the first claim against them out of the way, I have now embarked on the next one. This is one for charges that are more than 6 years old, and their initial response has been to send the sod off letter (even though I won the first claim). As a consequence I have applied compounded contractual interest. On advice, this claim will also probably be submitted in two parts, to keep each amount low enough to remain in the Small Claims Court. LBA was sent on 12th November, the branch apparently never received it. Discussions with TMcL's office resulted in a copy being faxed to them, and a friendly chat with the man himself. They are taking their time responding to this; apparently they are snowed under with claims. Anyway, every day the interest is mounting up... as I reminded them.

GE money (through Eversheds) have decided to defend. have until 9th January to file a defence. I wait with baited breath...

Court claim submitted against GE Home Lending Ltd as of Friday 8th. Watch this space... Claim is for ERC and various penalties, plus interest applied to penalty charges.

Thanks once again Zoot. Stopped me making a fool of myself!

The ones that I have identified as worth going after are: 4246 Direct Debit Recall Charge (£20) 4004 Additional interest (see Partypip thread post 7) 8037 Administration Fee (£40) 4111 Returned Payment Charge (£20) I don't think that the interim solicitors fees are claimable. These are part of GE money's mechanism for heading towards a reposession hearing. However, if, as in my case, they have been levied and then the whole thing has been dropped before getting to court, it might well be worthwhile taking a free half hour of legal advice somewhere about it. Hope this helps. Feel free to message me if you wish