First National/GE Money loan rcharges reclaim issued court claim ***WON***

[scatz1972]

Hi

 

OH had a HP agreement with first national through Powerhouse. First National are now owned by GE Money and I wanted to try to reclaim the late payment charges that were added to his account.

 

I sent a SAR and they replied with a list of charges and dates. So I followed the stages for reclaiming and sent a Prelim and schedule of charges asking for my money back. They never replied within the 14 days so yesterday I sent a LBA.

 

However, today I have a letter from GE in response to my Prelim...and it says that "the OFT's ruling did not include loan products, unfortuantely, the fees to which you refer are valid and will not be removed."

 

 

Are they spinning me a yarn ???

[iconoclash]

Hiya - I think they are trying it on. If you are claiming charges as excessive and not in relation to actual costs...etc., etc., thus being punitive and a penalty then it makes no difference what the product is, in my opinion. I think others will agree.

I have been trying to get my PPI refunded from GE formerly First National for a year now and they keep refusing - as soon as I have enough money I'm off to court with it. Good luck with yours:)

[dx100uk]

it was credit, it can be reclaimed!

also if they pull the string about the current stay on all claims to banks, it dont apply to them!

you will find yours was infact a credit [store card, just that first national, never issued a card.

 

dont foget to hit them with 8% int too!

 

dx

[rory32]

Standard response from GE is to say that their charges are fair and valid - well what else would you expect.

 

The charges are clearly a penalty and as such should be refunded. As you have sent the LBA proceed to court.

 

The next letter you will probably receive from them is "As a gesture of goodwill, blah, blah, blah....here's your money".

[scatz1972]

Thanks guys, will report back when I hear from them

[scatz1972]

Hi

 

No response from GE, can anyone point me in the direction of a POC? i think its called for them?

 

Also one of the charges was 6 years on the 17th of this month, does this mean that I cant claim it now?

[Bookworm]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/122528-credit-card-charges-poc.html and adapt accordingly (obviously)

 

And yes, claim the older charge, if they try to argue it out, tell them you'll be quite happy to let the judge decide if that one is statute-barred or not. ;-)

[scatz1972]

Hi Bookie

 

Thanks for replying, the POC's obviously all refer to a card, should I just use the term credit account? also I havent got the terms and conditions for the account, they never sent them, does this matter?

[Bookworm]

Yes, use "credit account", and don't worry about the T&Cs if you don't have them. You can cross that bridge if you have to go to court, which is unlikely. Obviously remove that part from your POC. ;-)

[scatz1972]

Thankyou!

[scatz1972]

Last thing am I right in thinking that I have to use the N1 form and physically go to my local court with the form and pennies, as all the MCOL ones are being stayed at the moment?

 

This is my first one that has got near a court, my other 2 coughed up at the LBA stage.

[Bookworm]

Yep.

[scatz1972]

Hi again

 

Went to the court with all the papers and paid, but I have just had the papers returned to me as they cant send to a PO Box address.

 

Does anyone know another address that I can send the court claim to?

[iconoclash]

Hi - this the address where GE are - the same address as former First National - you will find this info on Companies House web check service and note all their change of names dates, registered nbrs etc etc.

G E Money

53-61 College Road

Harrow

Middlesex

HA1 1FB

[scatz1972]

Thankyou!

[iconoclash]

You're welcome, seen this?

 

http://www.fsa.gov.uk/pubs/final/gemhl.pdf

[scatz1972]

Thanks campari, I had family problems last week so only put the claim in this morning....just hoping that the few older charges that are now past the 6 years dont allow them to throw the whole claim out.

[scatz1972]

Ok had notice from the court that GE are going to defend all of the claim, they give Salans as their solictors...one slip of the finger on the keyboard and it could be satan!

 

Anyway should I be worried?? a few of the charges were past the 6 year mark?

[scatz1972]

Update

 

OH received a letter from the solicitors this morning as a GOGW blah blah and offer just £10 short of the claim (they say there not paying for the Subject Access Request)

 

Anyway attached is a draft consent order which they say I need to sign and then they will forward the money.

 

Is it okay to sign?

 

It also says the claimant shall keep confidential the terms of this order.

[42man]

I'm not sure on these to be honest Scatz.....might be a good idea to ask one of the other Mods, debt is my thing !! Martin3030 might be a good guy to ask.....

[scatz1972]

Okay will do, thanks

[iconoclash]

Update

 

OH received a letter from the solicitors this morning as a GOGW blah blah and offer just £10 short of the claim (they say there not paying for the Subject Access Request)

 

Anyway attached is a draft consent order which they say I need to sign and then they will forward the money.

 

Is it okay to sign?

 

It also says the claimant shall keep confidential the terms of this order.

Hi Ive had refunds of charges from HSBC, Capital One, Birmingham Midshires, and they all wanted a signature re confidentiality - that I did not supply as I had already discussed my case on the net AND there was no requirement made at the start of negotiations to maintain said Confidentiality - so I simply crossed out that bit and sent it back. You will therefore be signing to to say you accept this offer, in this amount, but do not agree to it being A full and final settlement or final claim ever, since none of know what is in the future. Hope this helps.

[scatz1972]

Hi Campari

 

So I just cross out the in full and final settlement sentence and the confidential paragraph and post it back?

[iconoclash]

Hi yes, that will do. You can write a covering letter if you want saying that you accept sum of blah being agreed settlement of blah but unfortunately you are unable to comply with the confidentialy request due to the matter having been discussed on the internet already. Just dont bother to say anymore about the full and final settlement unless it is specific to this claim only rather then the entire company.

PS I assume this consent order is in fact just something theyve typed up and not being issued/settled in court is it?

Edited February 4, 2009 by iconoclash
added PS

[scatz1972]

Hi well the letter says that they are going to present it to the court and arrange for it to be lodged with the court for approval and sealing.